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Old 30th April 2008, 12:01pm   #49
LesMTS
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Re: Bill for "possession of violent and extreme pornography" to become law next week.

The explanatory notes are quite worrying.

Quote:
1155. The material to be covered by this new offence is at the most extreme end of the spectrum of pornographic material which is likely to be thought abhorrent by most people. It is not possible at law to give consent to the type of activity covered by the offence, so it is therefore likely that a criminal offence is being committed where the activity which appears to be taking place is actually taking place. The House of Lords upheld convictions for offences of causing actual and grievous bodily harm in the case of Brown [1994] 1 AC 212 which involved a group of sado-masochists who had engaged in consensual torture. The threshold that the clauses have set is very high, so while those taking part might argue that they had consented to it, such consent is not valid at law.

1156. In the case of images of staged activity, the Government believes that banning possession is justified in order to meet the legitimate aim of protecting the individuals involved from participating in degrading activities. This is also the case with images of bestiality, which while involving harm to animals can also involve the non-consensual participation of humans who are harmed in the process of making the images.

1157. The Government considers that the new offence is a proportionate measure with the legitimate aim of breaking the demand and supply cycle of this material, which may be harmful to those who view it. Irrespective of how these images were made, banning their possession can be justified as sending a signal that such behaviour is not considered acceptable. Viewing such images voluntarily can desensitise the viewer to such degrading acts, and can reinforce the message that such behaviour is acceptable.
Unless I'm misunderstanding something here, the first part indicates that even if you consent to being, for example, tortured, then, if the torture is sufficiently severe, a judge can decide that your consent was legally invalid.
That's mental.
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