Obscenity in the UK


	Obscenity in the UK Gay fisting, urolagnia and BDSM found not obscene by jury

From the inventors of Hell, the Spanish Inquisition and witch finders...

Christian Concern calls on christians to monitor sado-masochism

13th February 2019

Full story: Obscenity in the UK...Gay fisting, urolagnia and BDSM found not obscene by jury

See article from christianconcern.com

Christian Concern writes a long article criticising the relaxation of UK obscenity law and concludes:
We need your help to monitor the mainstreaming of sado-masochism and extreme pornography in British society from now on. Christians have a unique calling to shed the light of the Gospel on this problem, and to provide a witness to redemption in a society that has completely lost its way regarding sexual ethics.
See the full article from christianconcern.com

So we - and our wives and servants, too - are finally going to be allowed to see fisting...

CPS relaxes its pornography guidelines so that fisting, golden showers, female ejaculation and many more can now be legally published in the UK

31st January 2019

Full story: Obscenity in the UK...Gay fisting, urolagnia and BDSM found not obscene by jury

See CPS Statement on Consultation Response on the Proposed CPS Guidance relating to the[pdf] from cps.gov.uk
See The revised Legal Guidance from cps.gov.uk
See article from bbc.co.uk
See article from uk.news.yahoo.com

The upcoming UK internet porn censorship regime being introduced later this year has set the UK authorities to thinking about a more rational set of laws governing what porn is legal and what porn is illegal in the UK. It makes a lot of sense to get the UK stall straight before the commencement of the new censorship regime.
The most contradictory area of porn law is that often referred to as 'beyond R18 porn'. This includes material historically banned by the Crown Prosecution Service (CPS) claiming obscenity, ie fisting, golden showers, BDSM, female ejaculation, and famously from a recent anti censorship campaign, face sitting/breath play. Such material is currently cut from R18s, as censored and approved by the BBFC.
When the age verification law first came before parliament, 'beyond R18' porn was set to be banned outright. However as some of these categories are commonplace in worldwide porn, then the BBFC would have had to block practically all the porn websites in the world, leaving hardly any that stuck to R18 guidelines that would be acceptable for viewing after age verification. So the lawmakers dropped the prohibition, and this 'beyond R18' material will now be acceptable for viewing after age verification. This leaves the rather clear contradiction that the likes of fisting and female ejaculation would be banned or cut by the BBFC for sale in UK sex shops, but would have to be allowed by the BBFC for viewing online.
This contradiction has now been squared by the government deciding that 'beyond R18' pornography is now legal for sale in the UK. So the BBFC will now have a unified set of rules, specified by the CPS, covering both the censorship of porn sales in the UK and the blocking of foreign websites.

This legalisation of 'beyond R18' porn will surely disappoint a few censorial politicians in the House of Lords, notably Elspeth Howe. She has already tabled a private members bill to restore the ban on any foreign websites including 'beyond R18' porn. Her bill has now been rendered mostly irrelevant.
However there is still one genre of pornography that is sticking out of line, and that is cartoon porn featuring under age characters. Such porn is widespread in anime but strictly banned under UK law. So given the large amounts of Japanese Hentai porn on the most popular tube sites in the world, then those videos could still be an issue for the viability of the age classification regime and could still end up with all the major porn sites in the world banned.
The new CPS censorship rules
The new rules have already come into force, they started on 28th January 2019.
A CPS spokesperson confirmed the change saying

It is not for the CPS to decide what is considered good taste or objectionable. We do not propose to bring charges based on material that depicts consensual and legal activity between adults, where no serious harm is caused and the likely audience is over the age of 18.
The CPS will, however, continue to robustly apply the law to anything which crosses the line into criminal conduct and serious harm.
It seems a little bit rich for the CPS to claim that It is not for the CPS to decide what is considered good taste or objectionable, when they have happily been doing exactly that for the last 30 years.
The CPS originally outlined the new rules in a public consultation that started in July 2018. The key proposals read:
When considering whether the content of an article is “obscene”, prosecutors
should distinguish between:

Content showing or realistically depicting criminal conduct (whether
non-consensual activity, or consensual activity where serious harm is
caused), which is likely to be obscene;
Content showing or realistically depicting other conduct which is lawful,
which is unlikely to be obscene.

Do consultees agree or disagree with the guidance that prosecutors must exercise real caution when dealing with the moral nature of acts not criminalized by law, and that the showing or realistic depiction of sexual activity / pornography which does not constitute acts or conduct contrary to the criminal law is unlikely to be obscene?
The following conduct (notwithstanding previous guidance indicating otherwise) will not likely fall to be prosecuted under the Act:

Fisting
Activity involving bodily substances (including urine, vomit, blood and faeces)
Infliction of pain / torture
Bondage / restraint
Placing objects into the urethra
Any other sexual activity not prohibited by law

provided that:

It is consensual;
No serious harm is caused;
It is not otherwise inextricably linked with other criminality; and
The likely audience is not under 18 or otherwise vulnerable.

The CPS has now issued a document summarising the responses received and how the CPS has taken some of these responses onboard.
The CPS has already updated its rules in Revised Legal Guidance from cps.gov.uk . The key rules are now:
When considering whether the content of an article is "obscene", prosecutors should distinguish between:

Content relating to criminal conduct (whether non-consensual activity, or consensual activity where serious harm is caused, or otherwise inextricably linked to criminality), which is likely to be obscene;

Content relating to other non-criminal conduct, which is unlikely to be obscene, provided the audience is not young or otherwise vulnerable.

Conduct will not likely fall to be prosecuted under the Act provided that:

It is consensual (focusing on full and freely exercised consent, and also where the provision of consent is made clear where such consent may not be easily determined from the material itself); and
No serious harm is caused (whether physical or other, and applying the guidance above at paragraph 17); and
It is not otherwise inextricably linked with other criminality (so as to encourage emulation or fuelling interest or normalisation of criminality); and
The likely audience is not under 18 (having particular regard to where measures have been taken to ensure that the audience is not under 18) or otherwise vulnerable (as a result of their physical or mental health, the circumstances in which they may come to view the material, the circumstances which may cause the subject matter to have a particular impact or resonance or any other relevant circumstance).

Note that extreme pornography is considered illegal so will likely be considered obscene too. But the CPS adds a few additional notes of harmful porn that will continue to be illegal:
Publications which show or depict the infliction of serious harm may be considered to be obscene publications because they show criminal assault notwithstanding the consent of the victim. This includes dismemberment and graphic mutilation. It includes asphyxiation causing unconsciousness, which is more than transient and trifling, and given its danger is serious.
So it seems that breath play will be allowed as long as it doesn't lead to unconsciousness. Another specific rule is that gags do not in themselves imply a lack of consent:
Non-consent for adults must be distinguished from consent to relinquish control. The presence of a gag or other forms of bondage does not, without more, suffice to confirm that sexual activity was non-consensual.
The BBFC changes its R18 rules
The BBFC has several roles, it works in an advisory role when classifying cinema films, it works as an independent and mandatory censor when classifying mainstream videos, but it works directly under government rules when censoring pornographic films. And in this last role, it uses unpublished guidelines based on rules provided by the CPS.
The BBFC has informed BBC News that it will indeed use the updated CPS guidelines when censoring porn. The BBC explains:
The BBFC's guidelines forbid material judged to be obscene under the current interpretation of the Obscene Publications Act.
A spokeswoman told the BBC: Because the Obscene Publications Act does not define what types of material are likely to be considered obscene, we rely upon guidance from the Crown Prosecution Service (CPS) as to what classes of material they consider likely to be suitable for prosecution.
We are aware that the CPS have updated their guidance on Obscene Publications today and we have now adjusted our own internal policies to reflect that revised guidance.
Myles Jackman And Pandora Blake
And a thank you to two of the leading campaigners calling for the CPS to lighten up on its censorship rules.
Obscenity lawyer Myles Jackman, who has campaigned for these changes for a number of years, told Yahoo News UK that the change had wider implications for the law. He said:
"It is a very impressive that they've introduced the idea of full and freely exercised consent in the law.
"Even for people with no interest in pornography this is very important for consent and bodily autonomy."
Activist and queer porn filmmaker Pandora Blake, who also campaigned to have the ban on the depiction of certain sex acts overturned, called the news a 'welcome improvement'. They said:
"This is a happy day for queer, feminist and fetish porn."
Acts that were banned that can now be depicted include:

Spanking
BDSM
Female ejaculation
Urinating (also known as watersports)
Strangling
Face-sitting
Fisting
Humiliation

The British Board of Police Censors...

Possible reduction on the number of R18s suffering cuts from the BBFC

26th April 2015

Full story: Obscenity in the UK...Gay fisting, urolagnia and BDSM found not obscene by jury

The amount of R18s censored by the BBFC over 2013 and 2014 was steady with about 15% of all submissions suffering cuts, mostly for inane reasons.
However the first quarter of 2015 sees this percentage suffering cuts fall to 11%. Maybe a lack of data, but maybe there is a slight easing off on the censorship of R18s.
The R18 monthly cuts stats 2015:

January: 8 R18s cut out of 59 (14%)
February: 5 R18s cut out of 47 (11%)
March: 4 R18s cut out of 48 (8%)

Total for 2014: 85 R18s cut out of 543 (11%). An average of 51 R18 DVDs released each month
The R18 monthly cuts stats 2014:

January: 6 R18s cut out of 38 (15%)
February: 7 R18s cut out of 49 (14%)
March: 10 R18s cut out of 45 (22%)
April: 8 R18s cut out of 52 (15%)
May: 7 R18s cut out of 42 (17%)
June: 7 R18s cut out of 42 (17%)
July: 6 R18s cut out of 51 (12%)
August: 5 R18s cut out of 34 (15%)
September: 7 R18s cut out of 41 (17%)
October: 4 R18s cut out of 51 (8%)
November: 6 R18s cut out of 56 (11%)
December: 9 R18s cut out of 42 (21%)

Total for 2014: 82 R18s cut out of 543 (15%). An average of 45 R18 DVDs released each month
The R18 monthly cuts stats 2013:

January: 7 R18s cut out of 40 (18%)
February: 6 R18s cut out of 46 (13%)
March: 5 R18s cut out of 41 (12%)
April: 9 R18s cut out of 55 (16%)
May: 2 R18s cut out of 35 (5%)
June: 7 R18s cut out of 35 (20%)
July: 4 R18s cut out of 36 (11%)
August: 6 R18s cut out of 43 (14%)
September: 6 R18s cut out of 53 (11%)
October: 4 R18s cut out of 51 (22%)
November 8 R18s cut out of 42 (19%)
December 7 R18s cut out of 40 (18%)

Total for 2013: 78 R18s cut out of 516 (15%). An average of 43 R18 DVDs released each month
Previous yearly totals
Total for 2012: 101 R18s cut out of 555 (18%). An average of 46 R18 DVDs released each month
Total for 2011: 85 R18s cut out of 625 (14%). An average of 52 R18 DVDs released each month
Total for 2010: 191 R18s cut out of 1070 (18%) *
* The BBFC re-assigned all video certificates passed during the preceding months when the Video Records Act was in limbo, to a January 2010 date when the new VRA was back in force.
Censored material
The most common reasons for cuts are:

Female ejaculation/squirting
Golden showers
Gagging when giving blow jobs
Constriction of breathing eg throat squeezing
Dialogue suggesting under age sex
Dialogue encouraging gagging
Fisting

The British Board of Police Censors...

15% of R18s cut by the BBFC in 2014, mostly for discriminatory and inane reasons

3rd January 2015

Full story: Obscenity in the UK...Gay fisting, urolagnia and BDSM found not obscene by jury

Thanks to Sergio on the Melon Farmers Forum

Monthly BBFC R18 cuts for 2014
The R18 monthly cuts stats 2014:

January: 6 R18s cut out of 38 (15%)
February: 7 R18s cut out of 49 (14%)
March: 10 R18s cut out of 45 (22%)
April: 8 R18s cut out of 52 (15%)
May: 7 R18s cut out of 42 (17%)
June: 7 R18s cut out of 42 (17%)
July: 6 R18s cut out of 51 (12%)
August: 5 R18s cut out of 34 (15%)
September: 7 R18s cut out of 41 (17%)
October: 4 R18s cut out of 51 (8%)
November: 6 R18s cut out of 56 (11%)
December: 9 R18s cut out of 42 (21%)

Total for 2014: 82 R18s cut out of 543 (15%). An average of 45 R18 DVDs released each month
The R18 monthly cuts stats 2013:

January: 7 R18s cut out of 40 (18%)
February: 6 R18s cut out of 46 (13%)
March: 5 R18s cut out of 41 (12%)
April: 9 R18s cut out of 55 (16%)
May: 2 R18s cut out of 35 (5%)
June: 7 R18s cut out of 35 (20%)
July: 4 R18s cut out of 36 (11%)
August: 6 R18s cut out of 43 (14%)
September: 6 R18s cut out of 53 (11%)
October: 4 R18s cut out of 51 (22%)
November 8 R18s cut out of 42 (19%)
December 7 R18s cut out of 40 (18%)

Total for 2013: 78 R18s cut out of 516 (15%). An average of 43 R18 DVDs released each month
The R18 monthly cuts stats 2012:

January: 14 R18s cut out of 72 (19%)
February: 0 R18s cut out of 38 (0%)
March: 14 R18s cut out of 55 (25%)
April: 8 R18s cut out of 30 (25%)
May: 8 R18s cut out of 47 (17%)
June: 9 R18s cut out of 43 (20%)
July: 7 R18s cut out of 43 (16%)
August: 9 R18s cut out of 49 (18%)
September: 7 R18s cut out of 44 (16%)
October: 13 R18s cut out of 50 (26%)
November: 6 R18s cut out of 49 (12%)
December: 6 R18s cut out of 35 (17%)

Total for 2012: 101 R18s cut out of 555 (18%). An average of 46 R18 DVDs released each month
Previous yearly totals
Total for 2011: 85 R18s cut out of 625 (14%). An average of 52 R18 DVDs released each month
Total for 2010: 191 R18s cut out of 1070 (18%) *
* The BBFC re-assigned all video certificates passed during the preceding months when the Video Records Act was in limbo, to a January 2010 date when the new VRA was back in force.
Censored material
The most common reasons for cuts are:

Female ejaculation/squirting
Golden showers
Gagging when giving blow jobs
Constriction of breathing eg throat squeezing
Dialogue suggesting under age sex
Dialogue encouraging gagging
Fisting

Demolishing Arseholes at the BBFC...

17% of R18s cut in the first four months of 2014

7th May 2014

Full story: Obscenity in the UK...Gay fisting, urolagnia and BDSM found not obscene by jury

Thanks to Sergio on the Melon Farmers Forum

BBFC R18 cuts for January to April 2014
January 2014
Number of items= 38
No. Cuts=6
Cuts ratio=15%

February 2014
Number of items= 49
No. Cuts=7
Cuts ratio=14%

March 2014
Number of items= 45
No. Cuts=10
Cuts ratio=22%

April 2014
Number of items= 51
No. Cuts=8
Cuts ratio=15%
The R18 monthly cuts stats 2014:

January: 6 R18s cut out of 38 (15%)
February: 7 R18s cut out of 49 (14%)
March: 10 R18s cut out of 45 (22%)
April: 8 R18s cut out of 52 (15%)

Total for 2014: 31 R18s cut out of 184 (17%). An average of 46 R18 DVDs released each month
The R18 monthly cuts stats 2013:

January: 7 R18s cut out of 40 (18%)
February: 6 R18s cut out of 46 (13%)
March: 5 R18s cut out of 41 (12%)
April: 9 R18s cut out of 55 (16%)
May: 2 R18s cut out of 35 (5%)
June: 7 R18s cut out of 35 (20%)
July: 4 R18s cut out of 36 (11%)
August: 6 R18s cut out of 43 (14%)
September: 6 R18s cut out of 53 (11%)
October: 11 R18s cut out of 50 (22%)
November 8 R18s cut out of 42 (19%)
December 7 R18s cut out of 40 (18%)

Total for 2013: 78 R18s cut out of 516 (15%). An average of 43 R18 DVDs released each month
The R18 monthly cuts stats 2012:

January: 14 R18s cut out of 72 (19%)
February: 0 R18s cut out of 38 (0%)
March: 14 R18s cut out of 55 (25%)
April: 8 R18s cut out of 30 (25%)
May: 8 R18s cut out of 47 (17%)
June: 9 R18s cut out of 43 (20%)
July: 7 R18s cut out of 43 (16%)
August: 9 R18s cut out of 49 (18%)
September: 7 R18s cut out of 44 (16%)
October: 13 R18s cut out of 50 (26%)
November: 6 R18s cut out of 49 (12%)
December: 6 R18s cut out of 35 (17%)

Total for 2012: 101 R18s cut out of 555 (18%). An average of 46 R18 DVDs released each month
Total for 2011: 85 R18s cut out of 625 (14%). An average of 52 R18 DVDs released each month
Total for 2010: 191 R18s cut out of 1070 (18%) *
* The BBFC re-assigned all video certificates passed during the preceding months when the Video Records Act was in limbo, to a January 2010 date when the new VRA was back in force.
Cuts of Interest:

DEMOLISHING ASSHOLES Milo Taylor, Adam Watson Aiden Jason, Ashton Bradley, Kyle Wilkinson, Luke Desmond, Lincoln Gates, Maxi Gerard, Leroy Dale, Steven Prior Directed by Ben Willis
Distributor chose to reduce the focus on a restrained man exhibiting considerable pain and focus on the man's damaged skin. Cuts made in line with BBFC Guidelines and policy, and the Video Recordings Act 1984.
It seems (how's about that for indirection?), I think the BBFC comment is not very clear. Maybe it should read: 'Distributor chose to reduce the focus on a restrained man exhibiting considerable pain and instead focused on the man's damaged skin. Cuts made in line with BBFC Guidelines and policy, and the Video Recordings Act 1984.'
The distributor can change a film? They must have had BBFC guidance. Let's picture the film, a man is in pain, his face is contorted, so the camera cuts to just the skin and not the face? On the back cover of the dvd of DEMOLISHING ASSHOLES (http://www.simplygaydvd.com/boynapped-25-demolishing-assholes.html) there seems to be a man pouring wax onto the chest of another. His head is tilted back and his eyes are closed. I wonder if it was that scene?
It seems like the distributor had some sort of choice (between what and what I am not sure), and they chose one of them. The guiding hand of the BBFC seems down played and invisible. But that's only my theory.

Choking on Bollox...

18% of R18s cut in January 2013

8th February 2013

Full story: Obscenity in the UK...Gay fisting, urolagnia and BDSM found not obscene by jury

Thanks to Sergio on the Melon Farmers Forum

BBFC R18 cuts for January 2013
Number of submissions = 40
Number that were cut = 7
Percentage of R18s censored by the BBFC = 18%
The R18 monthly cuts stats 2013:

January: 7 R18s cut out of 40 (18%)

Total for 2012: 7 out of 40 (18%)
The R18 monthly cuts stats 2012:

January: 14 R18s cut out of 72 (19%)
February: 0 R18s cut out of 38 (0%)
March: 14 R18s cut out of 55 (25%)
April: 8 R18s cut out of 30 (25%)
May: 8 R18s cut out of 47 (17%)
June: 9 R18s cut out of 43 (20%)
July: 7 R18s cut out of 43 (16%)
August: 9 R18s cut out of 49 (18%)
September: 7 R18s cut out of 44 (16%)
October: 13 R18s cut out of 50 (26%)
November: 6 R18s cut out of 49 (12%)
December: 6 R18s cut out of 35 (17%)

Total for 2012: 101 out of 555 (18%)
The R18 monthly cuts stats 2011:

January: 6 R18s cut out of 74 (8%)
February: 6 R18s cut out of 41 (15%)
March: 4 R18s cut out of 54 (8%)
April: 7 R18s cut out of 43 (16%)
May: 13 R18s cut out of 65 (20%)
June: 6 R18s cut out of 58 (10%)
July: 4 R18s cut out of 38 (10%)
August: 8 R18s cut out of 50 (16%)
September: 9 R18s cut out of 61 (15%)
October: 8 R18s cut out of 44 (18%)
November: 9 R18s cut out of 59 (15%)
December: 5 R18s cut out of 38 (13%)

Total for 2011: 85 out of 625 (14%)
Total for 2010: 191 out of 1070 (18%) *
* The BBFC re-assigned all video certificates passed during the preceding months when the Video Records Act was in limbo, to a January 2010 date when the new VRA was back in force.
Cuts of Interest:
Saturday Nite Special
A compulsory cut was required to remove potentially harmful dialogue (in this case encouraging a man to choke on another man's penis during fellatio). The cut was made in accordance with BBFC Guidelines, policy and the Video Recordings Act 1984

21st April 2012		Update: Hopefully Not Pissing in the Wind...
	UK adult industry looking to get UK's police censors to abide by the Peacock court case which cleared fisting and urolagnia videos of obscenity
	From onscenity.org
	Jerry Barnett of Strictly Broadband, the UK's leading adult VOD service, is looking to get UK's adult trade industry to put up a fight against the repressive influence of (militant) feminist groups, often under the banner/accusation of objectification . In particular, Barnett proposes three particular fronts. Firstly to oppose default website blocking in the name of child protection, secondly, to oppose ATVOD's suffocatingly restrictive ruled for adult video websites. Thirdly, following the Peacock obscenity case, in which material that the UK's CPS claimed was obscene was held not to be by a jury, Barnett is now planning a formal challenge to the British Board of Film Classification. This will involve producing a film that includes the material that was found NOT unlawful, and using the subsequent court case as a means to rewrite obscenity law.

25th January 2012		Update: Depraved...
	The CPS still stands by its ludicrous opinion that the sight of an actress licking urine tends to deprave and corrupt R18 viewers
	Thanks to Sergio
	The BBFC published it's decision to make cuts to the R18 adult DVD titled The Best of Lucy Law. It cut 2:35s with the comment: Cuts were required to remove the clear indication that one woman is licking urine from another, penetration with an object with potential to cause physical harm, and dialogue encouraging an interest in breath restriction. Cuts made in line with current interpretation of the Obscene Publications Act 1959 , BBFC Guidelines and policy, and the Video Recordings Act 1984. This decision was published after the R v Peacock case where a jury unanimously cleared films depicting full on urolagnia of obscenity. Sergio enquired of the BBFC whether anything has changed regarding the R V Peacock case and received an email from the BBFC: The role of the BBFC is not to decide the law but to enforce it, and in this we will be guided by the law enforcement agencies. In relation to this case, the CPS have stated that the fact that a jury has acquitted someone does not mean that the guidance is incorrect. There are no current plans to revise our Guidelines. Yours sincerely, J L Green Chief Assistant (Policy)

15th January 2012	Offsite: It's Obscene!...

	Podcast with lawyers and campaigners discussing impact of the R v Peacock obscenity acquittal See article from northpodlaw.podomatic.com

9th January 2012	Offsite: Trial Report...

	Making a Fist of It: The Law and Obscenity See article from freedominapuritanage.co.uk

8th January 2012		Update: Delighted...
	Comments about the recent victory over the Obscene Publications Act
	See press release from iusw.org
	The International Union of Sex Workers is delighted by the unanimous verdicts of not guilty on all counts in the trial of Michael Peacock that concluded at Southwark Crown Court on Friday 6th January. Michael's courage and determination in pursuing this case was the first challenge to the Obscene Publications Act 1959 for many years. Understandably, most people charged with offences under this Act plead guilty as an innocent plea followed by a court case that returns a guilty verdict will result in a harsher sentence. This has the effect of leaving police and CPS opinion of what is obscene untested. The DVDs that were the subject of this prosecution were sold through Michael's website, sleazymichael.com, and on Craigslist. They contained scenes of male fisting, urination and BDSM. Michael was charged with six counts of publishing obscene articles likely to deprave and corrupt . The jury saw a substantial amount of the content which the police and CPS deemed illegal and required less than two hours deliberation to return unanimous not guilty verdicts on all counts. Therefore material showing the activities depicted is no longer defined as obscene in law. It's time to decriminalise sex between consenting adults. Lady Chatterley trial of 1960 (R v Penguin Books) is still quoted as precedent in obscenity trials; the jury's response in R v Peacock shows public opinion has clearly moved on considerably. Catherine Stephens, activist with the International Union of Sex Workers, says: In a week that has also seen the collapse of the Sheila Farmer trial for brothel keeping, it is time to decriminalise the sexual activities of consenting adults, whether or not they are in front of a camera. These two trials were an appalling waste of public resources: the law as it stands does nothing to enhance the safety either of the general public or those who work in the adult industry and often actively increases the dangers we face. Michael Peacock says: Responsible treatment of pornography would allow adults who want to access sexually explicit materials freedom to do so and protect those who are underage or do not wish to view such content. The current legal framework fails to do either of these things. I give my thanks to my legal team at Hodge Jones Allen, the judge who heard my case and the twelve people who served on the jury whose maturity and commonsense has changed the law. Hazel Eracleous, Chair of Backlash comments: Backlash is delighted that a jury decided it is no longer appropriate to prosecute people based on consensual adult sexual activity. We support the rights of adults to participate in all consensual sexual activities and to watch, read and create any fictional interpretation of such in any media. We will continue to raise awareness of the unseen consequences of these draconian laws, provide legal advice and defend those same consenting adults caught up in the Extreme Pornography and Obscene Publication laws. Myles Jackman, solicitor at Hodge Jones Allen with a specialist interest in obscenity cases states: This case shows the Obscene Publications Act is no longer effective in the age of the internet. See also Obscenity trial: the law is not suitable for a digital age from guardian.co.uk by Myles Jackman. See also Interview with Myles jackman: Freedom Fister from vice.com Jerry Barnett, Chairman of the Adult Industry Trade Association (AITA), says: We congratulate Michael Peacock on his victory. The idea that depictions of consenting adult sexual activity can be deemed obscene is a throwback to an earlier age. The adult industry continues to develop and adopt technologies that prevent children from accessing sexual content. We see no need for adults to be protected from it -- a free society should protect the rights of adults to participate in any consenting sexual act they choose. In the Press The judgement seems to have captured little attention from the newspapers with the exception of the Guardian/Observer which has published several items about the news. See article from guardian.co.uk Feona Attwood of Sheffield Hallam University, who lectures in sex, communication and culture, and who attended the trial, said: I think the law does not make sense. All the evidence that was heard was about whether the material had the ability to harm and corrupt. The question now is, what does that actually mean? What is significant is that the jury understood [the issues at stake]. Attwood, like others experts in the field, believes that the law has been overtaken by new understandings of the way in which people think about sexuality and the depiction of sex including whether a process actually exits that leads to moral corruption . Others who have been deeply critical of the attempted prosecution include solicitor and New Statesman legal blogger David Allen Green. Writing during the case he said: Obscenity is a curious criminal offence, and many would say that it now has no place in a modern liberal society, especially when all that is being portrayed in any obscene material are the consensual (if unusual) sexual acts between adults. See also It's time to abolish the obscenity law from newstatesman.com by Nichi Hodgson Other Comments See also Obscenity trial ends from sexonomics-uk.blogspot.com by Dr Brooke Magnanti See also An end to Obscenity Law? from janefae.wordpress.com by Jane Fae See also 'Obscenity Trial Of The Century' Ends In Acquittal from strangethingsarehappening.com See also The End of the English Obscene Publications Act from allvoices.com by Mike Freeman And from the not so delighted Few nutter campaigners have commented so far. From article at bbc.co.uk . The BBC prompted a few words from Vivienne Pattison Mediawatch-UK said the Obscene Publications Act needed to be tightened up. Its director Vivienne Pattison says the case illustrates the problem with the act: There is not a list which says what is obscene and what is not. It makes it incredibly difficult to get a conviction on that. As a society we are moving to a place where porn is considered as kind of fun between consenting adults, but porn is damaging.

7th January 2012		Update: Obscenity Trial of the Decade...
	Jury clears gay fisting, urolagnia and BDSM DVDs of obscenity
	See article from solicitorsjournal.com
	R v Peacock Michael Peacock has been acquitted of all charges after a unanimous jury decision to find Peacock not guilty on 6 counts of obscenity. Michael Peacock (referred to in the gay porn world as Sleazy Michael) had been charged for distributing supposedly obscene DVDs including representation of gay fisting, urolagnia and BDSM. The trial was heard before the Southwark Crown Court. The films in question feature: gay fisting (the insertion of five fingers of the fist into the rectum of another male); urolagnia (in this case men urinating in their clothes, onto each others' bodies and drinking it); and BDSM (in this case hard whipping, the insertion of needles, urethral sounds and electrical torture ). Also there was an example of a staged non consensual scene. The Obscene Publications Act 1959 features the contentious and ambiguous deprave and corrupt test, whereby an article (for example a DVD) is obscene if it tends to deprave and corrupt the reader, viewer or listener. The Test is defined in Section1 of the Act as: An article shall be deemed to be obscene if its effect or (where the article comprises two or more distinct items) the effect of any one of its items is, if taken as a whole, such as to tend to deprave and corrupt persons who are likely, having regard to all relevant circumstances, to read, see or hear the matter contained or embodied in it. Peacock was represented by Nigel Richardson and Sandra Paul of Hodge Jones and Allen Myles Jackman, a solicitor specialising in obscenity law, said this outcome was a significant victory for common sense suggesting that the OPA has been rendered irrelevant in the digital age . In a tweet, Jackman said that SCD9, the Metropolitan Police unit dealing with human exploitation and organised crime, will meet with the Crown Prosecution Service and the British Board of Film Classification to review guidelines on obscenity. And of course the authorities will be considering whether the law itself now needs changing. No doubt nutter campaigners will now be pushing for something new to replace the OPA now that it no longer supports their censorial views. Speculation: So what may be the outcome at least in terms of BBFC censorship of R18s? The BBFC have been cutting all such material citing the current interpretation of the Obscene Publications Act. But now of course this will change. The BBFC will still be at liberty to cut scenes off their own bat. And indeed the board has been regularly cutting scenes involving penetration by objects that could possibly result in harm justified via its own guidelines. I think there will be a few changes welcomed by all sides. The current prohibition of female squirting leaves everyone totally baffled as to why. This prohibition can now be rapidly dropped. Perhaps urolagnia can now be generally allowed albeit with restrictions when it is considered by the censors to be degrading. Perhaps something similar with fisting which could be generally allowed with a proviso that it must not be seen to be causing any discomfort to those participating. The BDSM issue is not going to be easy. The current ban is at least easy to explain. To allow any level of hurt beyond trifling may prove very difficult to define. Maybe it is still banned by legislation examined during the notable Spanner Case, the judgement of which basically disallows people from giving consent to be hurt. So perhaps the BBFC will just switch justifications but continue to ban BDSM. And I don't suppose that the non-consensual scene will impact BBFC guidelines at all. This will no doubt continue to be banned from R18s.

5th January 2012		Updated: Obscenity Trial of the Decade...
	Contested jury trial seems to be accepted as a test case to decide on the legality of depictions of fisting, urolagnia and BDSM
	3rd January 2012. See article from obscenitylawyer.blogspot.com
	The 3rd January 2012 marks the first day of the most significant obscenity trial of the decade; which will ultimately clarify the law on the representation of gay fisting, urolagnia as well as BDSM. The defendant in the case, Michael Peacock, is charged on indictment with numerous offences under the Obscene Publications Act for distributing supposedly obscene DVDs. The Obscene Publications Act 1959 features the contentious and ambiguous deprave and corrupt test, whereby an article (for example a DVD) is obscene if it tends to deprave and corrupt the reader, viewer or listener. The Test is defined in Section1 of the Act as: An article shall be deemed to be obscene if its effect or (where the article comprises two or more distinct items) the effect of any one of its items is, if taken as a whole, such as to tend to deprave and corrupt persons who are likely, having regard to all relevant circumstances, to read, see or hear the matter contained or embodied in it. In this trial, which will be heard before the Southwark Crown Court, the films in question feature: gay fisting (the insertion of five fingers of the fist into the rectum of another male); urolagnia (in this case men urinating in their clothes, onto each others' bodies and drinking it); and BDSM (in this case hard whipping, the insertion of needles, urethral sounds and electrical torture ). These activities feature on the current list of what the Crown Prosecution Service (CPS) currently consider to be obscene. Ultimately though, it is a matter for a jury to decide whether these acts are obscene by virtue of whether they deprave and corrupt the viewer. Interestingly this case seems to have found unofficial tacit support from the BBFC; and the Metropolitan Police's Abusive and Extreme Images Unit (the Met's old obscene publications squad is now part of SCD9): on the basis that this case will establish whether the depiction of fisting and urination pornography is legal or not. Hence, if the jury decides that such pornography is not obscene, on the basis that it does not deprave and corrupt the viewer; then it is entirely likely that both the producers and distributors of pornography will make such material available for sale, for example via licensed sex shops. Consequently, this significant obscenity prosecution will either reaffirm or rearrange the boundaries of obscenity law. Mr Peacock is represented by Hodge Jones and Allen LLP.. ...Read the full article Update: Follow Live on Twitter 5th January 2012. See article from lawandsexuality.blogspot.com The #ObscenityTrial involving the issue of fisting (among others) goes into day three today. If you're not already doing so, be sure to follow on twitter the excellent activist and scholar, @lexingtondymock . I'd also suggest following the journalist @NichiHodgson . Both have been providing fascinating coverage through their live tweets from the courtroom. Many of the exchanges today would be comical, were they not so serious.

18th July 2011		Diary: Call to Protest...
	Consensual fisting becomes the subject of a Dangerous Pictures prosecution
	Thanks to emark See consensualsexnotoffensive.tumblr.com
	Presumably the UK authorities have decided to prosecute someone for the possession of consensual gay anal fisting. A website has been set up to highlight an upcoming case: We know what is offensive and illegal, and images of consensual sex are neither! Don't be told what should and shouldn't be in your spank bank! Currently there is a crime under the offensive publications act [Criminal Justice & Immigration Act 2008] which impacts us all. It is about the act that came in force in 2009 The law makes it an offence punishable by up to three years in prison for someone to possess what it calls extreme images . An extreme image is defined as one which portrays in a realistic way any of: . An act which threatens a person's life . An act which results in or is likely to result in serious injury to a person's anus, breasts or genitals and the image... . Is grossly offensive, disgusting or otherwise of an obscene character . Has been produced solely or principally for the purpose of sexual arousal. Unfortunately many of the terms used in the Act are vague and open to interpretation. So until some unfortunate people end up in court and a jury decides, it is difficult to give absolutely definitive advice on what the Act means and how it will be enforced. Our friend Sleazy Michael is the unfortunate who is being the test case for this. This impacts any of us who partake of pornography that involves any images that could be interpreted as Offensive, disgusting or obscene by the definition above. This includes images of consensual fisting! Trial starts on the 1st of August at Southwark Crown Court. If you can come along and show that we queers, know what is offensive or illegal, and images of consensual sex are neither! Please be respectful of the court (no need to piss off the judge) and come and show support. Please- no banners or chanting outside or inside court, we want to show our support without jeopardising the chances of a fair trial.