Introduction: The New Law Criminalising Extreme Pornography
The passing of a new law criminalising the possession of extreme pornography is about to take the 'thought police' out of the realm of fiction. The new Criminal Justice and Immigration Bill, recently passed by the Labour government, creates a new offence of possessing "extreme pornography". However, there are several arguments against this law, including its unworkability, ineffectiveness in targeting the genuine problem of sexual violence, and its undesirable impact on personal liberties.
Unworkability of the Law
The definition of "extreme pornography" in the legislation is subjective and open to interpretation. The terms "explicit", "realistic", "threatening", and "serious" can have different meanings to different individuals. This means that even consensual acts of bondage or fetishism could be considered as extreme pornography and result in criminal liability.
Ineffectiveness in Targeting Sexual Violence
There is no conclusive evidence to support the idea that viewing violent images leads to violent acts. Research over the past 60 years suggests that such a causal link does not exist. This law is a knee-jerk reaction to tragedy and fails to address the underlying causes of sexual violence in society. The focus should be on addressing issues like consent, education, and support for victims, rather than targeting adult pornography.
Undesirable Reversal of Liberal Trends
The criminalisation of extreme pornography violates the liberal trend of acknowledging the right of consenting adults to pursue their private desires and fantasies without state interference. Countries with a relaxed attitude towards pornography, such as Denmark, Sweden, Holland, and Germany, often have advanced women's and gay rights. In contrast, countries with strict censorship, like Iran and Saudi Arabia, have less progressive sexual politics.
The Chilling Effect and Potential Consequences
This law creates a chilling effect by criminalising the possession of certain images. People may fear accidentally downloading prohibited material and the potential consequences of possessing it. It also opens the door for potential misuse of the law by the police and encroachment on civil liberties.
Conclusion
The new law criminalising the possession of extreme pornography raises concerns about personal freedom and the role of the state in regulating private desires and fantasies. The law is subjective, unworkable, and ineffective in addressing the issue of sexual violence. It is important to protect personal liberties and promote education and support to address the root causes of sexual violence.
(Note: This article is based on an original article titled "It's Like The State Entering Our Bedrooms And Minds" by Brian McNair published in the Scottish Sunday.)Manchester
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