Big Brother Punishes Cyber Porno

Sean Thomas, FirstPost.co.uk

Hard cases make bad law" is an aphorism much beloved of
legislators. It is also a motto that could be usefully tattooed on the
foreheads of British MPs. Because right now the British government is about to
pass a very bad law, rooted in one tragic case.
The tragedy in question is that of Jane Longhurst. Five years ago Ms
Longhurst, a Brighton-based teacher, was brutally murdered. At the trial it
emerged that her killer, Graham Coutts, was a fan of violent porn websites with
names like Rape Action. The content of such sites reflected their titles.
Following the life imprisonment of Coutts, Jane's mother Liz began a
campaign to ban the possession of violent sexual imagery, or 'extreme
pornography'. This campaign got support from her local MP, Martin Salter, and
then Home Secretary, David Blunkett.

Now the campaign is near its end. The final fruit is a
clause, inserted in the Criminal Justice and Immigration Bill, which should
receive Royal Assent on May 8.

What's wrong with this clause is its bizarre,
catch-all wording. The law does not simply outlaw the making of obscenely
violent sexual images. It prohibits the passive viewing of images of violent
but consensual sex. It also prohibits, quite astonishingly, the viewing of
images that merely appear to be sexually violent - but are actually
staged.

The absurdities thrown up by this are obvious. Under
the law it will be illegal to look at images of someone freely engaging in
rough sex. That is to say: the act itself will be legal, but looking at a photo
of it will be verboten.

Even more stupid, under this law you could be
prosecuted for looking at an image of yourself performing an act that did not
actually take place which you faked at home.

George Orwell had a word for this remarkable legal
concept: thoughtcrime. 

FIRST POSTED APRIL 30, 2008