Comedy "Loophole"?
So does this make Lisa Simpson porn ok again if it's funny?
The CPS dropped a prosecution under the extreme porn law last week when it apparently accepted that the soundtrack on a clip of a tiger apparently having sex with a woman rendered the video comical rather than pornographic. Andrew Robert Holland of Coedpoeth near Wrexham appeared at Mold Crown Court on New Year's Eve to answer …
That's a very good question!
From the extreme porn law, Section 63 of the Criminal Justice and Immigration Act 2008:-
"(3) An image is “pornographic” if it is of such a nature that it must reasonably be assumed to have been produced solely or principally for the purpose of sexual arousal."
From the cartoon porn law, Section 62 of the Coroners and Justice Act 2009:-
"(3) An image is “pornographic” if it is of such a nature that it must reasonably be assumed to have been produced solely or principally for the purpose of sexual arousal."
Well, well, they're identical!
That would seem to suggest (but IANAL) that whatever pornographic "loopholes" exist for one would tend to exist for the other.
This makes me very happy. Not because I want to possess cartoon child porn, but because I oppose these insane laws on sound civil liberties grounds. It's delicious to see them begin to fail so soon.
Unless you have professional-level software and skills, there are all sorts of possible clues for somebody who has a little experience to pick out. There's a lot of CGI porn out there, and if you don't allow yourself to be overwhelmed by a shock reaction, you can spot the giveaway details
They wouldn't want me on a jury.
In this case, the tiger has fur, and that's hard to make look real. The light acts differently, and the outer surface moves differenty to skin. And I'd bet the woman was faked too, It's possible I'd recognise the CGI model.
In this case, I wouldn't want to rely on the sound track as a defence. But I can't see how the Police could have NOT passed the soundtrack to the CPS with the video, without altering the evidence. Oh dear, lawyers don't like that. And this could mess up everything they're investigating on the computer.
The article says: "Andrew Robert Holland of Coedpoeth near Wrexham appeared at Mold Crown Court on New Year's Eve to answer two charges of possessing extreme porn. Both charges related to video clips sent to him by friends"
So he wound up in court because of something that someone else had sent to him?
Maybe this tactic could be used against politicians.
Or at least one who misleads a judge in court.
"Questioned by the Judge, John Rogers QC, she claimed that when the case was previously reviewed the film had no soundtrack."
If it had no soundtrack previously, then evidence has been tampered with. If it had soundtrack, but she simply had the volume turned down then the above claim would be as ficticious as claiming that a DVD has no soundtrack, simply cos they had the volume turned down.
Seriously how do I go on trying to create as much hassle for all the people involved in this as possible?
There's a widely distributed series of "children's" books which contain scenes of a tiger 'bouncing' various other animals and a minor child. There are many other scenes in the books which when analysed are very clearly sexual in nature. For more details see "The Pooh Perplex" by Frederick Crews.
"I wonder if the only reason that they paid attention to the tiger video was because the other video that he is still being prosecuted for had something very wrong going on in it"
Exactly - then when the March trial comes up, they can say he's got a previous, and make the sentence all the more severe. I suspect that the March one is actually a bit flimsy, and needed this tiger one to 'bolster it up'
1. as I read this the police confsated his computer equipment and then found these and proscuated him for them I rember reading that our elected politations said that this law would not be used as a "booby prise" for police in this way
2. it would be intresting to know where the sound was removed form the clip if it was between the police and the CPS then there are very importent questions to anser (in resoince to my fellow comantards Irefuse to beleve somone reviewing a clip for a case would not notice that there sound was off)
3. how did an animated tiger clip come to be concidered real enought for proscitation?
4. (related to 2) what where they fishing for in teh first place
in short these are the same or simular questions we failed to get ansers to when they proposed the law
Nothing happens in 2girls1cup that comes under any of the following in subsection (7) of Section 63 of the Criminal Justice and Immigration Act 2008:-
"(7) An image falls within this subsection if it portrays, in an explicit and realistic way, any of the following—
(a) an act which threatens a person’s life,
(b) an act which results, or is likely to result, in serious injury to a person’s anus, breasts or genitals,
(c) an act which involves sexual interference with a human corpse, or
(d) a person performing an act of intercourse or oral sex with an animal (whether dead or alive),
and a reasonable person looking at the image would think that any such person or animal was real."
2girls1cup is almost certainly safe (but IANAL).
In contrast, goatse might be found to portray "an act which results, or is likely to result, in serious injury to a person’s anus". So if it also counts as "pornographic" and "grossly offensive, disgusting or otherwise of an obscene character", then goatse would count as extreme porn.
But extreme foot fetish porn, featuring the smashing of feet with a sledge hammer, would still be legal to possess, as long as the smashing of the feet doesn't constitute "an act which threatens a person’s life".
Also legal to possess would be those images which don't appear to be pornographic, but which would be sexually arousing to those with relevant fetishes (but be careful about the context you keep such images in, since that can be used as evidence that such images are "pornographic"). So if you've got a decapitation fetish, you could legally possess images of people being decapitated, or who have been decapitated, as long as those images would appear non-pornographic to most people. But to the decapitation fetishist, such images might be the most delicious porn.
That, of course, is a massive failure in this extreme porn law - it only criminalises possession of images that are ordinary enough in their pornographic nature for ordinary juries to recognise as "pornographic"!
This guy is listed on that Rat Book site ( http://www.theregister.co.uk/2009/12/10/name_shame_website/ ), tagged with Animal Cruelty and Pervert, despite being found not guilty, and there being no question of animal cruelty ("OMG Please Won't Someone Think Of Tony The Tiger!")
I too hope they get sued for libel...
We can only wonder what kind of anally-retentive lives these CPS goons live, if this sort of thing gets their knickers in a twist. Whatever the letter of the law, it takes a special kind of sad jobsworth to take something like this all the way to a prosecution without looking in the mirror and asking "what the hell am I doing with my life?"
You really need to get out more, people...
When the prosecution is on flimsy ground they will often take things to court hoping to get a deal at the last minute especially if they think this sort of intimidation is likely to work. They probably offered the chap a let off with a warning if he pleaded guilty. They could then use this against him in the subsequent trial. The bloke didn't fall for it, the CPS knew they didn't stand a cat in hells chance so came up with an excuse which more than likely had been prepared in advance.