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 Update: Copying any old rubbish...

Backlash warns Malta about bad law copied from the UK's Dangerous Pictures act


Nice n Naughty
Link Here 18th August 2016
backlash logoA UK advocacy group says that a new Maltese law criminalisig the possession of extreme pornography risks criminalising sexual minorities.

While criminalising pornography depicting bestiality or necrophilia, the new regulations also make it illegal to possess images which portray non-consensual sexual activity or acts that could result in severe injury , even if the images are staged and all the participants are consenting adults. Anyone convicted under the new law will be liable to up to three years in prison or a fine of up to 6,000 euro.

Backlash has warned that the British law on which the regulations are based has led to several convictions for possession of pornography depicting BDSM (bondage and dominance, sadism and masochism), rough sex and other common, albeit non-mainstream, sexual preferences. Nick Cowen of Backlash told the Times of Malta:

There is a wide range of material that could be covered by the law's language, but it is unclear whether or how it could be used by prosecutors

This means people face a lot of uncertainty as to what is illegal, which is potentially very damaging to the rule of law. The law can harm anyone experimenting with alternative sexual acts that can be as safe (or safer) than intercourse.

The lawyer who drafted the regulations has argued that there is a legitimate aim to criminalise pornography which might induce certain people to copy what they are seeing but admitted that there was a bit of a grey area as to what could be prosecuted.

 

  Unreal concerns...

UN targets Japanese manga cartoons depicting children


Nice n Naughty
Link Here 29th October 2015
UN logo The UN has called on Japan to prosecute manga cartoons of sexualized images of children. Speaking at Japan National Press Club, Dutch lawyer Maud De Boer-Buquicchio, a UN rapporteur on child prostitution and pornography, has praised the recently-introduced law against real child pornography, but also criticised Japan for permitting cartoon imagery. She said:

When it comes to particular, extreme child pornographic content, manga should be banned.

The call from the UN envoy has been met with anger from manga artists, publishers and free-speech advocates, who claim that the ban would give the government unlimited power to restrict art.

Dan Kanemitsu, a manga translator, urged not to confuse fiction with reality, saying that manga characters may look childish but are not actually kids.

 

 Update: An Extreme Form of Flattery?...

Malta copies UK definitions of banned 'extreme' pornography whilst noting that they are 'not without controversy'


Link Here 9th July 2015
Malta flag As reported yesterday, Malta's Justice and Culture Minister Owen Bonnici has announced new amendments to censorship laws, which he said make good on the Labour Party's promises in opposition to prevent the further criminalisation of artists and citizens based on archaic laws pertaining to obscenity.

Obscenity laws introduced in 1975 under a Labour government, which generically outlawed articles that unduly emphasised sex, crime, horror, cruelty and violence , will be repealed.

Pornography will now be defined as something which is made with the express aim to sexually arouse, and will be allowed to be distributed to adults, provided appropriate warnings will be given.

However examples of extreme pornography will be banned outright. These are defined as an act which threatens a person's life, an act which results in a person's severe injury, rape or a non-consensual sexual activity, sexual activity involving a human corpse, and any act involving a person an animal.

Speaking to MaltaToday, Andrew Sciberras, part of the legal team charged with assembling the new law, ensured that strong defenses are in place for however falls foul of these new amendments, and that each case will be allowed to be considered on a case-by-case basis.

Sciberras explained that the amendments are based on the British equivalent of the same laws, which he admitted were not without their controversy . He was referring specifically to the extreme porn laws , which led to protests following their introduction in the UK in 2008.

This law has proven to be problematic when it comes to, for example, pornography of the bondage-and-masochism (BDSM) genre, which while often suggestive of violent activity by definition, could also be presented in a fictionalized setting, and performed in a safe environment.

Sciberras added that in all cases, the context of the work in question -- be it visual or a work of literature -- will be considered in context to determine whether its worth is solely pornographic or not