UK: Filming 'perverse' sexual acts can lead to prison
Great Britain is banning pornography featuring certain fetishes. Mere possession can lead to prison sentences. Creators are up in arms.
Since last weekend, it has been illegal to possess, produce, or publish certain types of pornography in the United Kingdom. This includes scenes involving choking practices, incest roleplay, or teenage sex roleplay.
What exactly is prohibited?
In addition to existing bans, which primarily concern depictions of non-consensual sexual acts, certain content created consensually is now also prohibited. This includes «explicit and realistic» depictions of strangulation – i.e., «choking play» – as well as incest and teenage sex simulations. This applies even if all participants are consenting and the actors are demonstrably neither minors nor related to each other. It is also prohibited to create or possess such content using AI. This law stems from an investigation and recommendation by the Conservative politician Baroness Gabby Bertin.
Possession carries a penalty of up to two years in prison, while content involving teenage roleplay with individuals under 16 carries a penalty of three years. Those who distribute such material risk sentences of up to five years in prison. However, the law provides for exceptions: for example, you remain exempt from punishment if you received such an image unsolicited and did not keep it for an «inappropriately long time».
Source: House of Lords
Platforms that offer images and videos with such content must now also take action. Under the Online Safety Act, they must prevent users from the United Kingdom from encountering such content. In the event of violations of this duty, the media regulator Ofcom can impose fines on the platform of up to 18 million pounds (or ten percent of global turnover, whichever is higher).
Wording in the law is said to be «too vague»
The adult site Clips4Sale, which specializes in certain fetishes, has reacted particularly rigorously, blocking hundreds of videos for visitors from the United Kingdom. The creators and performers of the relevant content are complaining of significant losses, even though they believe the content is harmless. Other platforms have also reacted, such as LoyalFans, which has adjusted its terms and conditions and blocked certain content. Industry giant Pornhub had already blocked British users previously.
However, creators can edit their video material themselves and submit it for a new review. The support department referred to it as a «precautionary measure». Creators and performers are criticizing this. For instance, the majority of videos by performers such as Sophia Truee, Madame Caramel, or Goddess Kitty have already been blocked. They are complaining about the platforms' overly cautious reaction. Other organizations also accuse the government of drafting the law too vaguely. Because of the overly general definitions and the resulting «zero-risk» policy of the platforms, performers fear for their livelihoods. Furthermore, this could also affect purchased or privately stored content, which restricts the freedom of citizens.
Source: gov.uk
The British Ministry of Justice justifies the new laws in its guidance by citing the influence of pornography on people's real-life behavior. The government thereby acknowledges that some forms of pornography could normalize harmful or illegal sexual behavior. For this reason, these «particularly harmful forms of pornography» have been criminalized. «Harmless sexual preferences», however, are not intended to be criminalized, as the Parliamentary Under-Secretary of State at the Ministry of Justice, Alex Davies-Jones, explained.
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