Porn Ban: Get Ready.. Get Angry!
Please forward this message to everone and everywhere you think people need to know.
Regarding the Kinky porn ban commencing in January:
See the text of it here: http://www.opsi.gov.uk/acts/acts2008/en/08en04-g.htm
Criminal Justice and Immigration Bill, Part 5: Criminal Law, Section 63: Possession of extreme pornographic images.
The reality of the new porn laws is going to be about risk. Mostly risk to individuals in the bdsm community. But rather than worrying endlessly about what the Law "means", perhaps it is time to start looking at risk in a slightly more level-headed way.
1. Is my porn likely to break the new Law?
This is the obvious question and, in many, many cases, is wholly unknowable until the Law starts to be applied. Solicitors and barristers can help. However, most of that help is likely to be about little more than analysing the text of the new Statute.
That is not necessarily how the courts will apply it. Government assurances are mostly worthless - because they are not strictly relevant in court. Far more relevant - and not yet published - will be CPS guidelines as to what will fall foul of the law and the various levels of offence that will need to be present for the police to bother taking action.
Much material may - or may not - be theoretically actionable. But it will depend on whether the DPP believes it is in the public interest to clutter the courts up with dozens of minor cases that will determine whether prosecution will follow.
2. Am I likely to be investigated?
Far more relevant - and before anything at all happens in the courts - individuals need to be identified and sucked into the judicial system. You are only likely to be sucked up by the Police where you come to their attention for other matters, or where you are a member of some community that is clearly borderline as regards the type of image at issue.
Of course, it will be denied that this law will be used to "punish" individuals who canot be prosecuted under other laws. But the suspicion will remain. If you are a political activist or a journalist, be extra careful. Be careful, too, if you are coming to the end of a relationship, and the split is not amicable. (False) accusations are a favourite way in for the Police.
It goes without saying that any allegations of sexual impropriety are also likely to lead the police to your door.
Don't go surfing for images at work - you are likely to be caught.
However, it is unlikely that a second Operation Ore will occur. For that to happen, individuals in this country would need to be caught visiting a site full of images that were illegal in the country that hosted those images. Because the UK Law is going to be so far out of kilter with the rest of the West (especially the US), chances are you won't ever have that honour.
All of the above will also reflect the answer to question (1). The Police are likely to want to pick the "low-hanging fruit". If the DPP sets stringent guidelines, they are much less likely to go after this material on the off chance of picking up a conviction.
3. How serious will the consequences be for me?
There are all manner of consequences that can follow from being picked up for this sort of offence, and individuals need to be aware of them, and be prepared. Over time, it is in this area that networks like CAAN and Backlash are likely to prove very helpful.
First, it is very likely that you will be outed. The Police have a habit of dropping hints to local journalists. Is that a social problem? Will your neighbours shun you? Will your parents never speak to you again? Do you care?
More seriously, how will it impact your job? Since the passing of the Safeguarding Vulnerable Groups Act 2006, there are something like 14 million jobs in the UK that could end up being barred to anyone with a conviction for possessing "extreme images". If you're a self-employed entrepreneur, this probably does not matter.
If you're a teacher, it may matter very much.
What is likely to hit the self-employed far harder is the loss of computer and work on hard drives as police impound same for periods of up to 18 months. If you have essential information on computer, be prepared to keep a copy in a safe place far from your home, possibly with a solicitor.
Don't expect to ever get your computer back in one piece. The record of so-called police experts is that they can be very clumsy when it comes to handling hard drives. Accidentally on purpose deleted? Of course not!
The other serious consequence to consider is the impact on family. In respect of other sexual allegations, it has been known for social services to have parents removed from the family home whilst a matter is being investigated.
Apart from the disruption, this can place enormous emotional strain on relationships and children. If you're single, don't need the computer for work, and don't work in a regulated profession, you're laughing. Otherwise, you should think about consequences in advance.
4. How can I protect myself?
Apart from not having any dodgy material - as the authorities would no doubt advise - there are a number of practical things you can do.
Don't store any images you absolutely don't need to store. And when you have deleted them, use a disk washer/disk scrubber package to ensure they are gone. Police forensics may be able to crack even the most sophisticated of such packages - but most would never bother applying the time and effort to do so.
Be prepared. Think about consequences: decide, in advance, how you would react to being raided. Have your business backed up. Talk to your partner: understand their reaction. One point already raised by lawyers is that within a household in which two or more parties regularly access the pc to go on to bdsm sites the possibility of a "cut-throat defence" may exist.
That is, each party may argue that it was the other that downloaded the images. This is not for the faint-hearted, and would require serious legal advice beforehand. However, it is worth considering.
Whatever else you do, don't plead to anything without having taken legal advice. Do not accept a caution at the Police station. This is the equivalent of a conviction - and enough to have you barred from all manner of jobs for life.
If the Police wish to charge you, make them: a fairly common finding by solicitors is that Police are keen to offer a caution where they know their case is shaky. Very often, refusal to accept a caution is the end of the matter. But take legal advice!
Stay in touch with the various networks. Now, more than ever, you need to have handy a phone number that will give you quick access to people who understand the law and who will kick up a fuss. Fair enough if you would rather go quietly: but if you intend to go down kicking and screaming, let others know - and you may find demonstrators prepared to attend your police station and trial to provide moral support.
The sooner the police realise that we are not cowed, but angry, the better.