(15-10-2009 00:07 )Censorship :-( Wrote: (14-10-2009 14:52 )IanG Wrote: SNIP
Ofcom, indeed, this bloody Government, are doing all the wrong things for all the wrong reasons because they refuse to trust the scientific evidence in favour of their cultural brainwashing in unproven and psychologically damaging 'British values' and insane beliefs.
It's not just 'this bloody Government', the Tories would be just as bad; Video Recordings Act, anyone?
Do you think that, had the Tories been in power when the campaigners were calling for the 'extreme' porn law, they would have said no? I doubt it. However, I'm not sure if the Tories have an equivalent of Harriet 'Hatesmen'/‘Harmsmen’ (take your pick); I wouldn't be surprised if she is the driving force behind much of Labour's repression - the woman is obsessed!
Cen., the VRA 1984 was never at fault - the law the Tories passed only allows the BBFC to interfere (i.e. censor) on the basis of harm - to "prevent any harm which may be caused". The Tories even included the provision for the independent Video Appeals Committee to settle any disputes between the BBFC and the film maker/distributor. Democratic principles are respected in the VRA.
It is entirely down to NuLabour that Ofcom exist, that there's no equivalent independent Television Appeals Committee or, indeed, even a legal means for a licensee to appeal any decision made by Ofcom under their own bastard code - there's self-serving, dictatorial fascism for you! Ofcom are NOT allowed to make law in this land yet, they have been granted exactly that power over any and all broadcast licensees - they act as judge, jury and legislature - in any democratic society that is totally and utterly incredible. NuLabour make shit authoritarian laws because they don't understand or even believe in democratic principles.
Now, in 2000 the High Court found that the BBFC hadn't been applying the VRA correctly with regard to R18. R18 now contains hardcore because the BBFC could provide no evidence to support their view that they were "preventing any harm which may be caused" to children by denying adults the right to view hardcore at R18.
Let's not forget that real and explicit sex has been available on video at 18 (i.e. from HMV and Virgin) since The Lover's Guide series in the early 1990s and in films such as Romance, The Idiots, 9 Songs, Baise Moi etc. To suggest children understand the subtleties of 'context' of a film rated 18, when it shows two or more people indulging in explicit oral, anal or vaginal sex as any R18 'sex work' might, is utterly ridiculous.
This is the whole crux of the issue. R18 contains hardcore because the High Court decided the material does not pose a significant risk to children - i.e. legal precedent, The Common Law and the UK Constitution says R18 is not harmful if viewed by persons under 18. Sure, we don't allow people to sell it to the under 18s but, that's not a reason not to allow it into people's homes on video/DVD or TV. Only if it could be PROVEN dangerous to children's wellfare can a public body like the BBFC or Ofcom lawfully ban it - and if that proof existed then the High Court would not have ORDERED the BBFC to allow hardcore at R18 and thus be bought by adults to watch at home where it might then be viewed by minors.
Neither the VRA nor the Comms act forbid the sale or viewing of R18-type material for adult audiences. For Ofcom to choose to ban R18 outright they MUST provide EXTRAORDINARY evidence of significant risk to minors to support that decision because it is NOT something they are LEGALLY permitted to do under ANY law of this land.
Ofcom are in fact required BY LAW to act in total compliance with the HRA 1998. They are to read and apply the Comms act in total compliance with the HRA 1998, the TVWF Directive and the Case Law of the ECHR. They are ordered by the Comms act to respect and uphold Freedom of Expression in exactly the same way (i.e. 'joinned-up regulation') as the BBFC. Ofcom have done none of the above and are acting far beyond their legal remit.
The BBFC regulate R18 for viewing in the home - they make it totally compliant with ALL UK obscenity law. ONLY obscene material CAN be lawfully banned and restricted. R18 is NOT obscene. R18 is thus NOT a danger to anyone who might see it.
So, how can Ofcom justify a ban on the broadcast of R18 under their remit to "protect the under 18s" when in 2000 the High Court decided that the risk to children was so small that it couldn't outweigh the rights of adult viewers?
Unless and untill Ofcom produce the necessary evidence for their 'precautionary approach' they are as guilty of unlawful censorship and human rights abuses as were the BBFC in 2000.