Today marks the beginning of a new phase in a sustained campaign of internet censorship which has wide-reaching consequences beyond the mere production and consumption of pornography.
These new regulations impose even more draconian restrictions on the types of pornography that can be depicted on regulated Video on Demand services. Previously the Crown Prosecution Service’s Guidance on the OPA provided a list of sexual activities which were deemed illegal to publish.
However these new Regulations specifically state that only sexual content that is equivalent to the BBFC R18 Category can be sold via VoD service. This is a significantly lower threshold.
According to Nikki Whiplash, a regulated video on demand service provider who attended a recent ATVOD and BBFC led seminar on the impact of the new regulations, the following sexual activities will be deemed either acceptable or unacceptable at R18 classification level:
Watersports and Squirting
Peeing and squirting are acceptable if not performed onto another person and/or then consumed.
Squirting during sex or masturbation is acceptable if fairly brief, isolated and not deliberately consumed or put onto a body. It would be acceptable to imply that it was licked up if could be deemed as to be simulated.
Fisting
Fisting is not acceptable. Penetration with all five digits beyond last knuckle is not acceptable; but all five digits of two or more hands would be acceptable as long as not past last knuckle.
Ofcom have sought medical guidance on fisting and don't believe it to be a dangerous act to perform. However, as the CPS’ Guidelines specifically cite fisting as obscene the BBFC can't pass fisting for classification. The BBFC acknowledge that they are well aware of the decision in R v Peacock but are obliged to have regard to CPS’ OPA Guidelines.
Amputee Insertion
Since the BBFC haven't ever needed to consider amputee insertion, they reserve their position on the matter.
Since the BBFC haven't ever needed to consider amputee insertion, they reserve their position on the matter.
Enemas
Enemas are acceptable if once they are squirted out they don't hit anyone else and does not contain feces. It is not acceptable to subsequently lick up what has been expelled; unless this is simulated (for example switched for another substance).
Catheters
Catheterisation is acceptable, even if catheter connected to mouth; presuming that the tube is not transparent so that the liquid moving through cannot be seen.
Eating ejaculate
Any form of consumption of (male) ejaculate is acceptable.
Vomiting
Vomiting may be acceptable if it is not performed as part of a sexual act; and is not visibly enjoyed by the participants.
‘Public’ Sex
Should the content features any nudity or other activity which might outrage the public decency, then the BBFC must be assured that the material in question was shot on private land with no public access or shot abroad. However, simulating the impression that it is in public is acceptable, fir example a vehicle with tinted windows. The key consideration that the material has not been created in the public eye.
‘Age Play’
Anything which might ‘encourage’ incest or sex with children under the age of eighteen is absolutely unacceptable.
However school uniforms are acceptable presuming that there are no references to the performer pretending to be under eighteen; and participants clearly 'of legal age' and participating in a consensual adult role play
Anything which might ‘encourage’ incest or sex with children under the age of eighteen is absolutely unacceptable.
However school uniforms are acceptable presuming that there are no references to the performer pretending to be under eighteen; and participants clearly 'of legal age' and participating in a consensual adult role play
Weapons
Sexual activities performed at gunpoint are unacceptable if it is “believable”. This will depend on tone and believability. Basically if it looks like it could be a non-consensual activity then it is not acceptable.
Bondage and Restraint
Full bondage in conjunction with a gag is unacceptable, since there needs to be an obvious (to the viewer) means to signal to stop. Hence it is acceptable if not all four limbs are tied. Thus a means to indicate the withdrawal of consent must be visible to the viewer. For example full bondage and gagging would be acceptable if there is a safe signal which is defined as part of the scene.
Thus elements like artistic license, storyline and context become important. Hence a straightforward bondage scenario with no surrounding context is less likely to be acceptable than something with features a clearly signaled role play component.
BDSM Pain play
Acts which if copied by the uninitiated have the potential to cause injuries more than transient and trifling are extremely unlikely to be acceptable.
Only "moderate" pain play is acceptable. Thus reddening of the skin acceptable but no raised welts, blood and bruising are not.
Needles are more likely to be considered acceptable as they only cause transient and trifling injury similar to legal tattooing.
Facesitting as Breathing Restriction
Facesitting employed as a breathing restriction or any other form of smothering is unacceptable. However, facesitting without breathing restriction is acceptable. There is no flexibility on this. The airways must remain open. Apparently the rationale for this distinction is that men trying this at home might die.
Ballbusting
Ballbusting may be acceptable, depending on the level. OFCOM recommend submitting clips in question for review. It will come down to definition of moderate pain and whether viewers at home are likely to sustain serious injury if they try it at home. Hence ball-yanking is not acceptable; whereas controlled ball stretching is acceptable.
Trampling
This will depend on the surface upon which the person is being trampled on.Urethral Sounds
The insertion of urethral sounds is acceptable presuming that they are not inserted so far in as to enter the bladder; and that appropriate sterile and safety considerations are taken such as the use of lubricant and gloves.
Insertion of objects like buttplugs
The insertion of other objects is acceptable presuming that it is clear that they couldn't get. Hence the use of buttplugs is acceptable. Hence a clip of a mobile phone vanishing up an anus would not be acceptable, despite being a spoof, on the basis that people might try it at home.
Power Tools
The use of power tools is unacceptable, since most people have one lying around at home. However purpose designed “fucking-machines” are acceptable. The test in question is the 'association with violence'.
Head-Scissoring
Head-scissoring is acceptable, presuming that it is gentle. However, if it is seen to be pushing on the carotid restricting blood flow then it is not acceptable. Hence, choking sounds or reddening of face as a result are not acceptable. As soon as any pressure is exerted it would be considered a choke hold and therefore not acceptable.
Wrestling
Wrestling is acceptable only if knockout moves are not deployed. Facesitting and seemingly non gentle scissoring are not acceptable.
Gagging
Gagging on cock and deep throat are acceptable if not for the whole scene. However, language of the 'gag on my cock' variety is unacceptable due to the reference to choking.
COMMENTARY – THE CONSEQUENCES OF THIS CENSORSHIP
Pornography is the canary in the coalmine of free speech: it is the first freedom to die. If this assault on liberty is allowed to go unchallenged, other freedoms will fall as a consequence.
This declaration of State censorship will affect millions of consenting adults who choose to view British pornography; impose an unnecessary trade barrier, which has already caused independent UK producers to shut down; result in a significant loss of revenue to The Treasury; is practically unworkable as it can be circumvented by proxy servers; and has implications for all forms of freedom of expression on the internet.
Of particular concern in terms of loss of freedom is the underlying intent to allow undesirable foreign websites to be blocked under UK ISP’s filtering systems. This has immeasurable implications on freedom of information and net neutrality.
Today, Backlash have launched a campaign to challenge this régime of State censorship disguised as regulation.
• Myles Jackman, The Obscenity Lawyer - reprinted by kind permission of the author. x
Head-Scissoring
Head-scissoring is acceptable, presuming that it is gentle. However, if it is seen to be pushing on the carotid restricting blood flow then it is not acceptable. Hence, choking sounds or reddening of face as a result are not acceptable. As soon as any pressure is exerted it would be considered a choke hold and therefore not acceptable.
Wrestling
Wrestling is acceptable only if knockout moves are not deployed. Facesitting and seemingly non gentle scissoring are not acceptable.
Gagging
Gagging on cock and deep throat are acceptable if not for the whole scene. However, language of the 'gag on my cock' variety is unacceptable due to the reference to choking.
COMMENTARY – THE CONSEQUENCES OF THIS CENSORSHIP
Pornography is the canary in the coalmine of free speech: it is the first freedom to die. If this assault on liberty is allowed to go unchallenged, other freedoms will fall as a consequence.
This declaration of State censorship will affect millions of consenting adults who choose to view British pornography; impose an unnecessary trade barrier, which has already caused independent UK producers to shut down; result in a significant loss of revenue to The Treasury; is practically unworkable as it can be circumvented by proxy servers; and has implications for all forms of freedom of expression on the internet.
Of particular concern in terms of loss of freedom is the underlying intent to allow undesirable foreign websites to be blocked under UK ISP’s filtering systems. This has immeasurable implications on freedom of information and net neutrality.
Today, Backlash have launched a campaign to challenge this régime of State censorship disguised as regulation.
• Myles Jackman, The Obscenity Lawyer - reprinted by kind permission of the author. x
Worth re-publishing at length for its sheer comedy value - the above is just a rough guide.
Please note this only applies to UK-made 'Video On Demand' (VoD) content - thus far... and if you've never seen British porn, well, you ain't missed much.
The whole thing is so silly, it can't stand.
The whole thing is so silly, it can't stand.
Its affect will probably be slight, so I wouldn't get too hysterical about it - but as an example of our current state of anti-porn hysteria it speaks volumes.
For the status of other porn, please read Myles' article in full on his blog. He says he'll be posting soon on how these rulings will actually impact.
PS Other porn is available, and hotter.
PS Other porn is available, and hotter.
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