CyberLaw Blog

Archive for the ‘Pornography’ Category

BBC NEWS | Magazine | What is obscene these days?: “What is obscene these days? “

It’s 2008 and sex seems to be everywhere. So who holds the line between permissiveness and obscenity? What is obscene these days? And how do those people entrusted to make these calls cope with the harrowing work?

Do you know how much of your porn is extreme?: “

If you’ve got the time, ask a policeman

It seems likely that the government thought that passing a new law on extreme porn would be the last word on the matter. Recent events in Birmingham suggest that this may not quite be the case.…

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(Via The Register - Public Sector.)

Justice Department Trying to Revive COPA: “Government lawyers tried Tuesday to revive the Child Online Protection Act, a 1998 law designed to keep online pornography away from children.”

(Via XBIZ.com | News & Articles.)

Interstate web host foils gonzo porn baron Max Hardcore:

California obscenity, Florida conviction

A federal jury in Tampa, Florida convicted a pioneer of gross-out ‘gonzo’ porn last week on obscenity charges stemming from the delivery of his movies over the Internet, despite the fact that he lives and works entirely in California.…

(Via The Register - Public Sector.)

Index on Censorship » Something must be done

The government’s latest legislation on ‘extreme pornography’ is based on ill-informed notions, writes
Julian Petley

Question: what do Lady Chatterley’s Lover, Last Exit to Brooklyn and Inside Linda Lovelace have in common? Answer: they were all subject to failed prosecutions under the Obscene Publications Act 1959 & 1964 (OPA). Next question: what do the Protection of Children Act 1978, the Video Recordings Act 1984, the Criminal Justice Act 1988 and the Criminal Justice Act 2008 have in common? Answer: they are all attempts to circumvent the OPA, whose provisions the censorious have long agitated against as overly liberal and ‘permissive’.

Study: Teens Find Ways to Access Porn Despite Net Filters: “At a recent Brigham Young University conference experts warned parents that despite the installation of online porn filters, teenagers are finding ways to access adult content.”

(Via XBIZ.com | News & Articles.)

May 21st 2008: BBFC Launches Download Classification Scheme in Partnership with the Home Entertainment Industry

The BBFC’s widely recognised and trusted classification system is moving to the world of downloadable films, programmes and video games. The BBFC has worked closely with the home entertainment industry to develop this voluntary regulatory scheme that will bring the benefits of the DVD classification system to the world of downloads and the internet. Walt Disney Studios Home Entertainment Europe, Warner Bros. and 20th Century Fox have signed up and other key industry players, who have been involved in the development of BBFC.online, are poised to join the scheme.

Launched today, BBFC.online – as the new service is called – has been designed to give consumers the assurance they seek when choosing new media content. The scheme will see the BBFC’s famous ‘black card’, category symbols and Consumer Advice appearing on a wide range of ‘new media’ content, including video-on-demand and streamed video which is offered to the public through websites, set-top boxes and portable media devices.

There is currently little independent classification of downloadable or streaming video content, either on the internet or delivered by video-on-demand services and via set-top-boxes. This is in spite of independent research that indicates that 63 per cent of adults (74 per cent of parents) are concerned about downloading video material which does not come with independent content advice and labelling. In addition, 84 per cent of adults (91 per cent of parents) want to see BBFC film and DVD classification on downloadable/streaming films and other digital audiovisual content.

BBFC.online has been developed over the last 18 months, in close partnership with the video and new media industries and the British Video Association. There are already some 700 videos with ‘online certificates’ and this is likely to rise to about 1000 by the end of the month.

The major studios as well as e-tailers and VoD suppliers, are keen to ensure that online content is accompanied by clear and independent content information and age-restrictions using a system trusted by consumers.

The scheme will also require e-tailers and VoD services to have age verification or gate-keeping systems in place for parents to monitor and control underage viewing, and the effectiveness of these protocols will be monitored by the BBFC. Major e-tailers and VoD services are poised to join as soon as their services have been updated in accordance with the requirements of the scheme.

Speaking at the launch, David Cooke, Director of the BBFC said:
“We are extremely pleased to have been able to work with the video industry to develop a scheme that will give online consumers the same assurance that our symbols and content information provide for cinema films, DVDs and video games. I am particularly pleased by the support and commitment from the industry for this voluntary scheme. Consumers considering buying into the world of downloads will be able to rely on our familiar symbols and advice, to decide which films or video games are suitable for them and their children. They will also be assured that the film makers and download services in the scheme are keen to ensure their customers get genuine independent information about the digital films or games on offer.”

Culture Minister Margaret Hodge said:
“The introduction of the BBFC system for online film downloads will provide some welcome clarity for consumers, to help them gain greater confidence that their purchases are appropriate before they commit themselves. I hope to see more studios sign up to the scheme.”

Lavinia Carey, Director General of the British Video Association said:
“The online world is still an ‘open frontier’ and the industry is determined to get its own house in order with this new type of business. Our involvement and input into the development of BBFC.online has shown how seriously we take this. We chose to work with the BBFC because of the universal recognition of their system across the UK, and their commitment to supporting both consumers and the industry in making the most of the online world in a safe and recognisable environment.”

Anthony Peet, Managing Director of Walt Disney Studios Home Entertainment commented:
“WDSHE is delighted to show its support for this initiative. We believe it is important to ensure that content in the digital space is as clearly labelled and classified as that of a physical copy. This scheme offers users the reassurance on the legitimacy and appropriateness of the content they would like to enjoy. This is very positive step for the industry.”
Notes to Editors

1. The BBFC.online scheme includes console-style games which are supplied to the customer via download.
2. The research referred to is available on www.bbfc.co.uk entitled Downloading Classification Study February 2007 and was carried out by TNS.
3. The BBFC’s legal advice is that works supplied by ‘non-physical’ means (eg by streaming or download) are not covered by the Video Recordings Act 1984.
4. Membership of the Scheme is voluntary and by subscription and there is no cost to consumers.
5. BBFC.online is ‘Platform Neutral’ – it is designed to cover all forms of digital content delivery (eg web, set top boxes, hand-held devices and mobile phones).
6. BBFC.online complies with the self regulatory model advocated by ATVOD.

May 21st 2008: BBFC Download Classification Scheme to Include the Adult Industry

The BBFC’s widely recognised and understood classification system is moving to the world of downloadable films and will include the ‘R18’ category which covers explicit sex works. The first adult entertainment company to join the scheme is Strictly Broadband.

Launched today, BBFC.online – as the new service is called – covers the full range of BBFC classifications from ‘U’ through to ‘R18’. The scheme is designed to give consumers the assurance they seek when choosing new media content. This is particularly relevant in the area of sexually explicit adult content as the scheme will provide potential customers with guarantees that the content is legal, consensual and non-violent.

Membership of the scheme will also require e-tailers and VoD services to have age verification or gate-keeping systems in place to control underage viewing, and the effectiveness of these will be monitored by the BBFC.

Strictly Broadband has been an active partner during the development and testing of the scheme and is the first adult industry company to join. David Cooke, Director of the BBFC said:

“The Video Recordings Act does not cover the world of downloads so adult content that is not on video or DVD is subject to very little regulation. There are all sorts of potential problems associated with the downloading of sexually explicit material including the possible criminalisation of internet users who download extreme violent pornography, which the BBFC refuses to classify. Online material rated ‘R18’ by the BBFC will comply with the same guidelines and laws as apply to R’18’ videos and DVDs sold in licensed sex shops. Companies like Strictly Broadband that sign up to the BBFC.online scheme are sending a clear message to their potential customers that they are acting responsibly to ensure that their product is properly labelled and subject to effective gate-keeping measures. ”

Jerry Barnett, Managing Director of Strictly Broadband said:

“As the UK market leader in internet-streamed adult entertainment, we’re pleased to be founder members of the BBFC Online scheme. It has been difficult in the past for legitimate companies to sell adult video on the internet, as the law is far from clear in this area. We welcome the clarification that the new scheme will bring to the business, which will allow the further development of a strong and legal British adult entertainment industry, and give British consumers the ability to decide whether they are buying legal material or not.”
Notes for Editors

1. The BBFC’s legal advice is that works supplied by ‘non-physical’ means (eg by streaming or download) are not covered by the Video Recordings Act 1984.
2. Membership of the Scheme is voluntary and by subscription (£900 per annum) and there is no cost to consumers.
3. BBFC.online is ‘Platform Neutral’ – it is designed to cover all forms of digital content delivery (eg web, set top boxes, hand-helds mobile phones).
4. The Criminal Justice and Immigration Act has created a new offence of the possession of ‘extreme violent pornography’ – BBFC classified material is specifically excluded under this definition.

Porn store loses film sex challenge | Herald Sun: “Porn store loses film sex challenge
Article from: AAP, By Nicolas Perpitch, May 21, 2008 04:07pm

AN online adult store has lost a legal challenge to Australia’s film classification system after arguing that most adults are no longer offended by seeing actual sex in movies.

The Federal Court today dismissed an appeal by Adultshop.com against an X rating given to the adult film Viva Erotica.

Adultshop.com had been fighting a legal battle for the movie to be given an R18+ rating, following a 2006 decision by the Classification Review Board to give Viva Erotica the more restrictive X18+ rating.

The application by Adultshop.com for a review of the board’s decision was unsuccessful and in November last year Federal Court Judge Peter Jacobson upheld the board’s ruling.

Today the full bench of the Federal Court dismissed Adultshop.com’s appeal against Justice Jacobson’s judgment.”

Frederick Lane Releases ‘The Court and the Cross’: “Author, long-time adult industry analyst and free speech advocate Frederick Lane has released his fourth book, ‘The Court and the Cross: The Religious Right’s Crusade to Reshape the Supreme Court.’”

(Via XBIZ.com | News & Articles.)