Statutory Instrument | |
Citation | SI 2014/2916 |
---|---|
Introduced by | Ed Vaizey (Department for Culture, Media and Sport) |
Dates | |
Made | 4 November 2014 |
Commencement | 1 December 2014 |
Other legislation | |
Made under | Communications Act 2003 |
Status: Current legislation | |
Text of statute as originally enacted | |
Text of the Audiovisual Media Services Regulations 2014 as in force today (including any amendments) within the United Kingdom, from legislation.gov.uk. |
The Audiovisual Media Services Regulations 2014 is a statutory instrument of the Parliament of the United Kingdom that applies regulations to R18-rated pornography that is available through paid video on demand or other streaming platforms. Prior to the regulations coming into force, neither Ofcom nor the British Board of Film Classification (BBFC) had jurisdiction over such content. In force from 1 December 2014 [update] , these regulations were made by the Secretary of State in exercise of the powers conferred by section 2(2) of the European Communities Act 1972.
The regulations originally prohibited the depiction of a number of specific sexual acts in online pornography based in the UK. In 2019 the regulations were changed after a review of obscenity laws, legalising the depiction of these acts provided they are performed consensually, do not harm the participants and are unlikely to be viewed by anyone aged under 18. [1]
British obscenity law prohibits obscene publications, including pornography that may seriously harm the performer or threaten their life. Prior to the regulations coming into force, online pornography was not subject to the same regulations as pornography available for purchase in sex shops; the intention of the regulations was to create a parity between the two forms. Material that was already banned by the BBFC in home video – and therefore restricted under the regulations – included: [2]
The Department for Culture, Media and Sport defended the regulations by stating that the BBFC's R18 certificate was a "tried and tested" method of protecting children, and highlighted the need for consistency in regulation. [2] Peter Johnson, the chair of the Authority for Television On Demand (ATVOD), stated that he believed unregistered material from overseas would violate the Obscene Publications Act 1959, and credit card payments to premium sites would be able to be blocked. [3]
Upon going into force on 1 December 2014, the regulations were subject to immediate criticism, much of it arising from the debates around female ejaculation. A Vice interview with BBFC officials indicated that apparent female ejaculation was regularly cut due to restrictions on urolagnia, and the difficulty of distinguishing what could be female ejaculation from straightforward urination. [4] A blog for the New Statesman highlighted that many of the activities were popular in the LGBT and BDSM communities or related to expressions of female sexuality. [5] Myles Jackman, an obscenity lawyer, expressed concerns that the regulations set a dangerous precedent and described pornography as "the canary in the coal mine" of freedom of speech. [3]
The regulations were subject to a protest by opponents in Parliament Square on 12 December 2014, organised by sex worker and Clacton by-election candidate Charlotte Rose, which included a mass demonstration of facesitting and singing of the Monty Python song "Sit on My Face". [6] One protest sign read, "Urine for a shock if you expect us to stop." [6] Rose and other female erotic performers expressed concern that the regulations were approved without a vote or public consent, and that the changes could be indicative of further changes to obscenity law. [6]
In response to the controversy, Julian Huppert, the Liberal Democrat MP for Cambridge, laid down an Early Day Motion seeking a debate to annul the regulations, which was signed by fellow Lib Dem MPs David Ward and John Leech, and independent MP Mike Hancock. [7] Huppert stated that any regulations on sex or pornography should be based on issues of consent or risk and not "moral objection. [7] Huppert's EDM also received support from Deputy Prime Minister and Lib Dem leader Nick Clegg, who stated that politicians should not be in a role to judge anybody's sexual behaviour, and that supporting sexual freedom was a "classic liberal assertion". [8]
Following the December 2014 face-sitting protest outside of Parliament, the feminist magazine Bitch criticized the regulations for censoring women's sexuality on the basis that "[t]he laws seem to specifically target acts that prioritize female pleasure or indicate female dominance." [9] The article pointed out the double standard in permitting men—but not women—to assume a dominant position during oral sex acts, and accused the regulations of perpetuating the sexual subordination of women in porn by writing pornography's gender bias into law. Its author Catherine Scott explained:
For example, while female ejaculation is banned, male ejaculation and its consumption remain acceptable. Although the British Board of Film Classification reports that the pornographic act it most regularly censors is "scenes of choking and gagging during deep throat fellatio", there is no suggestion of banning these acts—only ones that see a woman receiving pleasure from sitting on a man's face.
Pandora Blake, webmaster of the BDSM-themed site Dreams of Spanking, insinuated that the sites shut down for failure to comply with the regulations "have been gay sites and female domination. No BDSM sites with female submissives have been targeted because that [women's subordination] is apparently fine." [9]
Urolagnia is a paraphilia in which sexual excitement is associated with the sight or thought of urine or urination. The term has origins in the Greek language. Golden shower is slang for the practice of urinating on another person for sexual pleasure.
Hardcore pornography or hardcore porn is pornography that features detailed depictions of sexual organs or sexual acts such as vaginal, anal, oral or manual intercourse, ejaculation, and fetish play. The term is in contrast with less-explicit softcore pornography. Hardcore pornography usually takes the form of photographs, films, and cartoons. Since the mid-1990s, hardcore pornography has become widely available on the internet, making it more accessible than ever before.
In Japan, pornography has unique characteristics that readily distinguish it from western pornography. Pornographic films are known as "adult videos" (AV) in Japan, so Japanese adult videos (JAV) refers to the Japanese pornographic film industry. Animated films are referred to as hentai in English, but in Japan the terms "adult anime" and "erotic animation" are used. In addition to pornographic videos and magazines featuring live actors, there are now categories of pornographic manga and anime, and pornographic computer games.
R18 is a film or video classification given by the British Board of Film Classification (BBFC). It is intended to provide a classification for works that do not breach UK law, but exceed what the BBFC considers acceptable in the 18 category. In practice, this means hardcore pornography.
Pornography laws by region vary throughout the world. The production and distribution of pornographic films are both activities that are lawful in many, but by no means in all countries so long as the pornography features performers aged above a certain age, usually 18 years. Further restrictions are often placed on such material.
Rape pornography is a subgenre of pornography involving the description or depiction of rape. Such pornography either involves simulated rape, wherein sexually consenting adults feign rape, or it involves actual rape. Victims of actual rape may be coerced to feign consent such that the pornography produced deceptively appears as simulated rape or non-rape pornography. The depiction of rape in non-pornographic media is not considered rape pornography. Simulated scenes of rape and other forms of sexual violence have appeared in mainstream cinema, including rape and revenge films, almost since its advent.
The 18 certificate is issued by the British Board of Film Classification (BBFC), to state that in its opinion, a film, video recording, or game is suitable only for persons aged 18 years and over. It recommends that no one below that age should be admitted to view a film with an 18 certificate in a cinema, and that 18-rated video recordings should not be sold or rented to anyone below that age.
The Obscene Publications Act 1959 is an Act of Parliament of the United Kingdom Parliament that significantly reformed the law related to obscenity in England and Wales. Prior to the passage of the Act, the law on publishing obscene materials was governed by the common law case of R v Hicklin, which had no exceptions for artistic merit or the public good. During the 1950s, the Society of Authors formed a committee to recommend reform of the existing law, submitting a draft bill to the Home Office in February 1955. After several failed attempts to push a bill through Parliament, a committee finally succeeded in creating a viable bill, which was introduced to Parliament by Roy Jenkins and given royal assent on 29 July 1959, coming into force on 29 August 1959 as the Obscene Publications Act 1959. With the committee consisting of both censors and reformers, the actual reform of the law was limited, with several extensions to police powers included in the final version.
Pornography has been dominated by a few pan-European producers and distributors, the most notable of which is the Private Media Group that successfully claimed the position previously held by Color Climax Corporation in the early 1990s. Most European countries also have local pornography producers, from Portugal to Serbia, who face varying levels of competition with international producers. The legal status of pornography varies widely in Europe; its production and distribution are illegal in countries such as Ukraine, Belarus and Bulgaria, while Hungary has liberal pornography laws.
Pornography has been defined as sexual subject material "such as a picture, video, or text" that is intended for sexual arousal. Indicated for the consumption by adults, pornography depictions have evolved from cave paintings, some forty millennia ago, to virtual reality presentations. A general distinction of adult content is made classifying it as pornography or erotica.
Human sexuality covers a broad range of topics, including the physiological, psychological, social, cultural, political, philosophical, ethical, moral, theological, legal and spiritual or religious aspects of sex and human sexual behavior.
Pornography in India is restricted and illegal in all form including print media, electronic media, and digital media (OTT). Hosting, displaying, uploading, modifying, publishing, transmitting, storing, updating or sharing pornography is illegal in India.
In the United Kingdom, pornography is regulated by a variety of laws, regulations, judicial processes, and voluntary schemes. Pornographic material generally has to be assessed by regulators or courts to determine its legality. British censorship laws with regard to pornography have often been some of the most restrictive in Western Europe.
The Consenting Adult Action Network (CAAN) is a grassroots network of individuals in the United Kingdom that was formed in 2008 to protest and oppose laws restricting activities between consenting adults, most notably the criminalisation of possession of "extreme pornography" under Section 63 of the Criminal Justice and Immigration Act 2008.
Section 63 of the Criminal Justice and Immigration Act 2008 is a law in the United Kingdom criminalising possession of what it refers to as "extreme pornographic images". The law came into force on 26 January 2009. The legislation was brought in following the murder of Jane Longhurst by a man who was said at the time of his trial to have had "extreme pornography" in his possession at the time of the death. The law has been more widely used than originally predicted, raising concerns as to whether the legislation is being used for prosecutions beyond the scope originally envisaged by parliament.
Facesitting, also known as queening or kinging, is a sexual practice with one partner sitting over the other's face, sometimes allowing for oral–genital or oral–anal contact. The sitting partner may face in either direction.
An obscenity is any utterance or act that strongly offends the prevalent morality and social politics of the time. It is derived from the Latin obscēnus, obscaenus, "boding ill; disgusting; indecent", of uncertain etymology. Such loaded language can be used to indicate strong moral repugnance and outrage, vile, vigilance in conservation, or revenge. In expressions such as "obscene profits" and "the obscenity of war," ; misdirection. As a legal term, it usually refers to graphic depictions of people engaged in sexual and excretory activity, and related utterances of profanity, or the exploited child, human being or situation on display.
In People vs Freeman of 1988, the California Supreme Court stated that adult film production was to be protected as free speech under the First Amendment. They ruled that since such films did not include obscene images and indecency, and stayed within society's standards, the adult film industry should be granted the freedom of speech. Escaping highly regulated government intervention, regulation in the adult film industry has been limited to preventing child pornography. In the United States Code of Regulations, under title Title 18, Section 2257, no performers under the age of 18 are allowed to be employed by adult industry production companies. Failure to abide by this regulation results in civil and criminal prosecutions. To enforce the age entry restriction, all adult industry production companies are required to have a Custodian of Records that documents and holds records of the ages of all performers.
Simulated child pornography is child pornography depicting what appear to be minors but which is produced without their direct involvement.
R v Peacock was an English Crown Court case that was a test of the Obscene Publications Act 1959. In December 2009, the defendant, a male escort named Michael Peacock, had been charged by the Metropolitan Police for selling hardcore gay pornography that the police believed had the ability to "deprave or corrupt" the viewer, which was illegal under the Obscene Publications Act. He was subsequently acquitted through a trial by jury in January 2012.