back to article UK 'bad' pics ban to stretch?

The government could be planning to up the ante when it comes to material it doesn't approve of - it may become illegal to even look at images, not merely possess them. Some odd, ambiguous remarks by Keir Starmer, Director of Public Prosecutions, raise this gruesome possibility. Evidence for it emerged from an elliptical …

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  1. Anonymous Coward
    Anonymous Coward

    (untitled)

    "It would be for the courts to interpret the meaning of possession" - read as.... - you don't need to actually posses something to be guilty of possession.

    great

  2. David S
    Black Helicopters

    @David Roberts

    "Can I therefore conclude that scrawling "Mandy is a great shag" on the wall is perfectly acceptable but any pictures added for the hard of reading will contravene the act and render the artist liable to prosecution?"

    Actually, it's getting damned-near close to criminalising anyone who uses that cubicle and makes the mistake of glancing at the poorly-drawn sketch.

    "Number two was it, sir? If you wouldn't mind stepping this way. Mind your head..."

  3. W

    But is it Art?

    >"Mr Starmer expressed the view that there will be no issues in respect of artistic works, because, he argued, this law will be aligned very closely with the existing law relating to indecent images of children."

    So what we need to do now is answer that most elementary of questions (c/oRudyard Kipling): "But is it Art?"

    No room for ambiguity there, eh?

  4. Anonymous Coward
    Stop

    Streaming is already covered

    R. v. Smith and Jayson [2002 EWCA Crim 683]

    Downloading an indecent image onto the computer screen is an offence of making, even if a copy was not separately saved onto a disk. Once an image is downloaded, the length of time it remains on the screen is irrelevant.

  5. Anonymous Coward
    Anonymous Coward

    Simple solution

    "We are being asked to choose between two conflicting world views: on the one hand, there is a belief in the 'slippery slope', that looking at images habituates individuals to the actions involved and can increase the risk to children; on the other it is argued that these images act as a release and actually reduce the incidence of harm."

    So, a choice between maybe causing more people to suffer or not causing more people to suffer. Sounds like a no-brainer to me. Don't make more people suffer. Vote against it.

  6. Anonymous Coward
    Alert

    Hooray for Jenny Willott, MP!

    Hooray for Jenny Willott, MP!

    I'm so glad there's someone in the Commons who's tackling this.

    During the second reading debate, another MP, Sir Paul Beresford (Conservative) (Mole Valley), had some worrying things to say.

    http://www.publications.parliament.uk/pa/cm200809/cmhansrd/cm090126/debtext/90126-0004.htm#0901264000001

    Firstly, he wants written material to be made illegal as well as images. When it becomes a crime to simply write the wrong kind of stuff down on paper, we know we're no longer in a free country. I wonder how many teenagers will have to burn their diaries?

    Secondly, he wants similar penalties for drawings as for photographs. (Seems he doesn't care much at all about whether the children and abuse are real or not. That suggests he's just a paedo-basher, rather than someone genuinely concerned about protecting children.)

    Thirdly, he's got a Private Members' Bill going through the Commons, the Protection of Children (Encrypted Material) Bill 2008-09. The purpose of it is to deal with the problem of paedophiles hiding material in encrypted files so as to get away with lighter sentences when they refuse to disclose the keys.

    http://services.parliament.uk/bills/2008-09/protectionofchildrenencryptedmaterial.html

    Second reading of his Bill is on 20th March 2009.

  7. VampyreWolf
    Pirate

    Who's with me?

    Now, if simply looking at an image on paper is a crime... who's with me on the quest to send an image to every single member of UK gov't and every UK judge? Just cost you each a stamp.

    Then at least we'll all know the place is being run by a bunch of criminals in robes. Can they arrest and detain each other then? WILL they arrest and detain each other?

  8. anarchic-teapot

    "there is a belief in the 'slippery slope'"

    Nice to see at least someone has noticed that modern legislation is still based on popular superstition rather than reputable research and the odd fact.

  9. Toastan Buttar
    Unhappy

    Re: Presumably

    "The next step, no doubt, is to make it illegal to *THINK* about children."

    Won't SOMEONE think of the children ?............oh, bugger.

  10. Anonymous Coward
    Anonymous Coward

    What about sound recordings?

    Just curious - the new law about comic art and cartoons is undoubtedly one of the craziest laws I think I've ever encountered, and terrifying in that it has no basis in any kind of legal fact or research. Did wonder though, in the consultation documents that preceeded the bill there was no mention of text stories, or audio recordings. Are these both legal then?

  11. Anonymous Coward
    Unhappy

    It would not be hard.......

    for a Prosecutor to argue that the possession was completed when the images appeared on the screen being used to watch whatever it was. The fact that it was "possessed" only in a form that

    could not be captured onto the computer would not, I dont think, stop a Court interpreting it that way IF THEY WANTED TO. On a related subject ,I hate it when I see them charge someone with "...making indecent images of children...." because most joe public would think that they had actually taken the photos NOT that it was "made" simply because it was viewed and cached.

    This is highly misleading and unfair.

  12. Sabine Miehlbradt
    Stop

    Oh dear

    Looks like we were right not to import British Beef in the 90s.

    Old Blighty has a serious mad cow epidemic running. Try to keep it contained, please. We've got enough troubles with the mad oxen here.

  13. Henry Wertz Gold badge

    @Wouldn't this make...

    "So, say I have a shock site hosting an image that has now become illegal. Can I trick people into visiting, and then forward their IP's to the police?"

    Yes. And I think it's already happened in the US in a case I read about. Well, the person posting the links didn't forward them to the police, the photos were on some "sting" site. The INITIAL links were put on by the feds on the seediest forums on the internet where they figured paedos hung out and made it pretty obvious what kind of photos were being linked to. But then people LATER posted links to this "sting" site from regular forums with very generic description like "here's some photos", not making it clear at all what KIND of photos they were. One click, bam! Here comes the feds. I don't know if they got convicted but they were charged at least. And of course the feds stole their computers -- they don't seem capable of making forensic copies, they just sit on machines until they are entirely obsolete, if they ever give them back.

  14. Sillyfellow
    Stop

    conciousness

    yes, that's right. everything we know, understand, study etc are due to our perception of things.

    perception that includes 'seeing with our eyes'. unless we are able to see into the future, how do we know what will present itself to us? and so how do we know when not to look?

    then there's the issue of, how exactly is the law going to prove that you actually saw something. just because something 'unfolded on a screen' doesn't mean you saw it. a person can always argue that they were looking the other way. this in itself is 'reasonable doubt' to me..

    there is also the matter of how much we can control what we see. has anyone out there not had the unpleasant experience of unwanted and unrequested things popping up?

    and so in closing... with such a new law in place, it's completely feasable that if i don't like someone i can sneakily send them something, or put up an 'illegal to see' picture on their front door... then hand them over to the police saying they broke the law... and who's to say that this isn't exactly what our disgusting leaders have in mind for us all?

    you will be a criminal. no matter what.

    do you know all the laws? all hundreds of thousands of them? you don't huh? well that's no excuse. (unless you're a lawyer of course).

  15. Martin Silver badge

    @Looking

    That's why all previous directors of the BBFC are kept in a secure dungeon under the South Bank centre in Hannibal Lector style face masks.

  16. Anonymous Coward
    Anonymous Coward

    @The beginning of the end

    Wade,

    Show any verifiable evidence of the Democrats pushing for changes to the "fairness doctrine." Any. No, not Republicans or Rush or Sean or Bill making the claim. An actual Democrat.

    Do you know what the point of the fairness doctrine is, anyways? The idea is that the airwaves belong to the public and commercial enterprises may use them. BUT they must allow for opposing views to be heard. I don't know if you are old enough to remember, but people used to get a few minutes to go on the TV news and disagree with the presentation of a story or some editorial content. It was a way to keep media outlets honest. It was very democratic. It was in the spirit of the dissenters and pamphleteers that helped bring about the very existence of the USA.

    If it were still in place perhaps someone would have come on Fax and called "BS" on the story you were watching where you were misinformed.

  17. Jason Togneri
    Stop

    Oh yes, I can see it now

    "What's this link? tinyurl.com/3v9nx98 - let's see what it is."

    *clickety-click*

    And suddenly you did not pass Go, did not collect your £200, and found yourself in jail.

  18. Anonymous Coward
    Stop

    Lock 'em up.

    http://commons.wikimedia.org/wiki/File:William-Adolphe_Bouguereau_(1825-1905)_-_The_Birth_of_Venus_(1879).jpg

    Bouguereau is a fucking nonce.

    Don't look at it or your a nonce too.

  19. evilbobthebob
    Stop

    To add to the list of non-paper items...

    What about kids drawing on condensated windows? Happens all the time on school buses. So when the bus drives past, anyone who looks is now a criminal?

    Of course, they're a disgusting peadophile for looking at a bus with children in.

  20. Chris

    So....

    ...if I look out the window and witness Steven Bigby and his (pri)mates rape a disable girl and throw acid over her then I will be locked up too.

    Luckily NuLabour's "tough on crime, tough on the causes of crime" policy of letting sick rapists out on bail worked for once enabling some good citizen to stab the c***.

    I still won't bother to vote at the next election because where I live the Tories have a 12,500 majority so I will stay in and keep the doors locked.

    Not anoymous becasue if anyone has a problem with this post I'll glady put them in their place.

  21. Sarah Bee (Written by Reg staff)

    Re: Doodles

    Well, if there's an upside to all this ghastliness, it's that it brings out brilliantly creative 'solutions'...

  22. Andrew Thomas
    Thumb Up

    Why all the complaints?

    They're only trying to prevent people having child porn and other horrible stuff on their PCs. Why are you lot up in arms? Worried about losing your stash?

  23. Anonymous Coward
    Thumb Down

    Don't Blame The Ministers...

    I think it's important remind everyone who is actually behind all this bullsh*t legislation and every new 'thought crime' that slithers out of Parliament in connection with these issues. It's not actually the politicians, surprisingly. Politicians, being the supine, populist freelancers they are, take 'advice' about issues like this from advocates - from 'agencies' who have a particular agenda to peddle (and budgets to defend).

    There is a common tendency to blame idiot politicians for these kind of bad laws - I suggest you redirect your ire to the likes of CEOP, NSPCC and IWF. Who do you think the government takes it's advice from in all those 'consultations' it undergoes? These are the kind of organisations with a narrow remit and a very focused agenda - to get the law changed at every possible opportunity to suit their business models, consequences be damned. It was CEOP, in part, who have been urging this government to classify sexual drawings of wholly fictional children (or CGI, or cartoons) as punishable in exactly the same way as photographs or videos of real children. Please do not underestimate the zeal of these people to criminalise at every opportunity. Proof of CEOP's preferred sentencing around this area can be found in Parliament's own consultation report, where they are noted as one of the agencies pushing for the strongest possible penalties.

    Politicians know nothing of the injustice they cause, but are daily beset by lobby groups calling for them to 'think of the children!' and scaring the bejesus out of them with all kinds of sensationalist rhetoric. It's a form of bullying (and a highly emotive one at that), and while I won't ask you to feel in any way sorry for our poor, put-upon ministers, I would ask you to appreciate the kind of relentless pressure these people face from very insistent advocates, day in, day out.

    The problem with the paedogeddon and all the issues around it is that we have now arrived in a place where common sense has long since left the stage. Which means the only people left occupying it are the vulnerable, the ignorant and the bullies.

  24. Anonymous Coward
    Anonymous Coward

    Contradiction?

    There has long been the argument that the police shouldn't waste their time going after drug users because the problem rely lies much further up the supply chain. The idea being if you can stop the supply before it gets into the country then the problem of the users goes away.

    This obsession with going after the users of "extreme" porn seems to directly contradict that.

  25. Trevor Watt

    Party political Broadcasts

    If someone was to inject something that is classed as extreme into the Party political Broadcasts then could we not have all the politicians locked up, as someone must watch them and it sure as hell is not the voting public.....

  26. Anonymous Coward
    Anonymous Coward

    Imagine there's no pictures

    Next it will be illegal to write about such images, and then illegal to even imagine them. Fangora fans will be next, then 18-rated Hollwood movies.

  27. Elrond Hubbard
    Thumb Down

    @Jeremy

    '... church run dictatorships of the dark ages, 500 years ago ...'

    Bloody fool. Go and learn some history. The ignorant get the government they deserve, that must be what's happened to you.

  28. Dustin
    Alert

    Ya' See what happens

    And I thought our cousins in the UK were more educated then us hillbillys in the US of A. Why is it that all of the news about UK government policy that I read about points directly to a hard core police state? And no, we aren't far behind in that reguard. Why haven't I heard about massive demonstrations in front of Parlament? I guess leathargy is a common thread we all have these days.

  29. Paul
    Pirate

    @keyboardless anonymous coward

    Unfortunately all my keyboards have Is and Os next to each other, which is clearly sexual. And the B key looks quite provocative.

    The % symbol is suspiciously like a soapy titwank, too. And let's not even mention * or ! or (worst of all) the interfering J.

    In short, they've all been nabbed by the cops so I'm writing on the completely black keyboard I made when I was 17.

  30. Anonymous Coward
    Anonymous Coward

    5th November 09

    Some member of Joe Public needs to walk into the House of Commons while they're in session and tell them they're all sacked. They work for us, not the other way around. And if they still dont get the point, I think its due time for some angry mobs outside Westminster.

  31. Anonymous Coward
    Thumb Down

    WTF

    "it may become illegal to even look at images, not merely possess them."

    Your Honor, I was blinking/had my eyes closed at the time the images were on the screen.

  32. Schultz

    Convenient convictions

    The police is under pressure to perform, i.e. deliver convictions. We may expect lots of trials for (burglary, terrorism, disturbance of public order, ...) AND (child/extreme porn) offences. Wiggle out of that one!

  33. Paul

    @Ummm...

    "Wouldn't that mean that in order to 'detect', investigating police would have to 'commit'? Can I make a citizen's arrest, or does it only apply to the plebs? In which case, by extension would murder not be murder if the police did it?"

    It only applies to us, like how they can film us but we can't film them. As for murder- ask a brazilian.

  34. Matt

    @Why all the complaints?

    Hi dickhead,

    The government are making drawings and fantasy illegal. Yeah I have a problem with that - and if you don't then I have a problem with you too. I tend to take people right to think and fantasies as they please pretty ----ing seriously.

    They're making looking at pictures that have been made up via someones imagination illegal, what the hell kind of fascist state does that kind of thing?

    They don't have any evidence to back up any of their claims, except a few poorly researched pieces of junk written by a woman who'd happily see all porn destroyed as it's demeaning to woman.

    But you're obviously too stupid and too warped to understand any of this so just go plant yourself in the garden you ----ing vegetable.

  35. The Fuzzy Wotnot

    Stupid!

    I just went the bathroom, looked down and....hang, is that the door bell?

  36. Boris the Cockroach Silver badge
    IT Angle

    You've all missed the point

    The point of this badly worded, badly drafted law/bill is NOT about criminalising pr0n watchers.. or kiddie fiddlers or the weirdos who get their rocks off on S&M

    It is badly worded for a reason, in that the various interptations of the law and how its applied can be argued ad nausum by the lawyers while racking up a huge bill.

    By a very strange coincidence, 95% of MPs are lawyers as well... ........

    Mind you statistically speaking 1 in 10 people in the UK suffer from some form of mental illness, another interesting fact is that there are 655 MPs

  37. Anonymous Coward
    Jobs Halo

    The trouble with this....

    type of issue, as well as Child porn, is that no one dare speak out for fear of being labelled a paedophile or pervert, as they authorities and police well know. This means they can introduce any crap laws that they wish to and no one speaks out. This Government has spent 11 years wrecking all the good things of this Country and we now live in a shell of a Country that is, im sorry to say but its true, full of TOO MANY FOREIGNERS !. The Govt are happy as long as they can sponge loads of expenses of taxpayers for their 2nd and 3rd homes, or live in plush mansions owned by the state etc etc etc. The Government would not care if we all took a hike and they replaced us all with cheap immigrant labour and turned all the factories into sweat shops BECAUSE at end of day they would still draw THEIR salaries and expenses no matter what.

  38. Anonymous Coward
    Anonymous Coward

    Thought Police

    As someone reading from the former colonies I'm continually astonished by the actions of the UK.gov. Leaving these kinds of laws so vague and broad with what appears to be no real intent of defining it is an even slippery slope. It appears as though you are indeed coming upon a time of "Thought Police" and for that I fear for the state of the UK and it's citizens. Best of luck for those of you fighting the good fight.

  39. Anonymous Coward
    Unhappy

    Ahh poop...

    Dump your perfectly legit porn (avi torrent files are legit right, right?) , because if the girl in it might possibly be deemed to *look* under 18 to some copper/lawyer etc then you are going to jail,

    It doesn't matter from what I read that she is 18+ and the porn company has all the correct paperwork on record, if she *looks* underage that is all they need, you are going to get screwed harder than the girl in the vid.

    This of course applies to to the cartoons, comics or graphic novels even more as there would be even less proof of age for a fictional character. I have some old manga (not hentai even) wallpapers archived somewhere on disk that I rather suspect *might* fall foul of the law as they are suggestive, with it being cartoon/manga style there is no guessing what age they are, you could probably argue them both ways which probably means I need to find them and destroy them, just to be safe as no-one has a clue where the line is gonna fall on this law :[

  40. Stewart Haywood
    Joke

    @What about sound recordings?

    OH NO! They are not getting my library of slurping noises.

  41. Anonymous Coward
    Anonymous Coward

    So here is what you do..

    1. get a bunch of Illegal to view pictures

    2. tape them all over your body

    3. Rob bank

    If its illegal to even look at you, then how would people be able to identify you as the robber if it would be illegal for them to look at you, you could also have the bank, security guards, investigators, etc arrested for now having these images saved on their computers, VCRs or what have you.

  42. Anonymous Coward
    Stop

    ideas in it that seem to have been only half thought-out.

    That's right, folks. they took the part they "half thought-out" and threw it away and kept the other part they didn't really think about. Now you know how laws are made.

    The solution: Find the name of every idiot who voted for this. email them so that it looks like spam and include a good half-dozen "illegal" pr0n piccys. Email is sent to their spam and maybe even "deleted", but most likely on their harddrive. Call the coppers and turn them in for having illegal pr0n on their computers and make sure you tell them it's "hidden"...you'll have to look around for it because you understand they hide it..... take a day off work to go to the trial

    Mr. Starmer and the wacqui one sound like a good place to start..

  43. ratfox
    Thumb Down

    How about going back to basics?

    And having law punish people only when they hurt other people?

  44. master
    Flame

    Guns

    Too bad you gave them away. This is a classic sign of the control freak communists that eventually turn to torching and killing for fun. Cambodia...

    You people better start a violent revolution before this gets out of hand. At the current rate you are loosing freedom in 2 years you will no longer have the option to revolt.

  45. Mike
    Joke

    Does this apply to secondlife....

    I mean if two consenting adults are engaged in some perverse carnal activity on secondlife they are both producing and watching animated pornography, who goes to the slammer and for which charge.

  46. Anonymous Coward
    Thumb Down

    bah

    I only just started getting into Japanese culture less than a year ago, and now it looks like I will have to get rid of a fair amount of my collection of anime and manga to be sure that I am not harbouring any "illegal art".

    It's such a shame, I had barely started reading Rika-chan's House, there is a new OAV of Kodomo no Jikan coming out soon, and the latest Comiket (manga festival) was full of aesthetically pleasing Toradora/Strike Witches/Kannagi/Moe-tan doujinshi.

    Despite all of the above titles being highly non-realistic artwork, most depicting only characters of age, presumably they are all now potentially illegal. Weak.

  47. Doug Glass
    Go

    What Does it Matter???

    Could you even be tried since any jury viewing the evidence is immediately guilty? Same for da judge. Same for the prosecutor.

  48. J
    Pirate

    @all the whiners

    "I like many others, am fed up with this steady drip drip drip of poorly thought out legislation that is eroding every aspect of common sense."

    Fine and dandy. Do something, then!

    Bunch of Internet whiners...

  49. Anonymous Coward
    Thumb Down

    In Soviet Britain...

    ...pictures take *you* (to jail).

    Christ am I ever glad I left the UK a few years back. Orwell's calendar was only about a quarter century fast.

    Right now you or I may not possess or watch anything which falls foul of the law, but this is just the thin end of the wedge. How long before the vaguely worded laws suffer some scope-creep and now BAM, you're a pervy law breaker? How big a jump is it from "sightcrime" to "thoughtcrime" anyway?

    Got an open wireless router? Better get it secured fucking right quick, hadn't you? For a laugh, just imagine how many people you could make into criminals merely by DNS cache poisoning some high-profile UK-based website to point to a pageful of prohibited images.

    This is how civil liberties are destroyed, one small piece at a time, with the most objectionable material leading the way. I'm glad my granddad isn't around to see this slide into the sort of fascism he got wounded fighting against. How soon we forget.

  50. Destroy All Monsters Silver badge
    Boffin

    Oldthinkers unbellyfeel Childprotex!!

    Reminds me of the good old times where Miss Teacher somehow hot ahold of my 10-year old extreme porn doodles which went missing during the break but somehow made the rounds, resulting in stern punishment and a sealed letter to the parents, probably outlining my imminent way into hell or something. I still carry that around.

    Goggles icon because we need those which automatically turn to nuclear-blast-level filtering mode whenever government-unmandated flesh scenes become apparent so as to keep us all innocent and fluffy forever.

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