UK government’s extreme porn ban is ‘unfairly targeting’ gay men, report warns
A leading think tank that a UK-wide ban on extreme porn is unfairly targeting gay men.
SuccessiveĀ governments haveĀ clamped down on ‘extreme’ pornography – with theĀ ConservativesĀ introducingĀ introducing harsh new rules inĀ 2015 banning the possession of images or videos of “acts likely to cause serious harm to the breasts, genitals or anus”
The current interpretation of the law means that even some acts that are legal to carry out,Ā including fisting and some BDSM practises, can lead to prosecution if filmed.
AĀ leading think tank has produced a report which warns that some of the acts are more common in male gay porn – despite the law’s stated purpose being intendedĀ to address violence against women.
The Adam Smith Institute report, produced byĀ Nicholas Cowen of Kings College London, alleges the law encompasses “a particular legalĀ vulnerability for gay men and other sexual minorities”.
It notes: “In August 2012, Simon Walsh, a prominent barrister, City of London alderman,Ā and former aide to mayor Boris Johnson, was prosecuted for possession of āextremeĀ pornographyā.
“His alleged crime was possession of photographs depicting āfistingāĀ and āurethral soundingā taken at a private all-male sex party where Walsh was aĀ participant.
“The prosecution claimed that the acts depicted were extreme becauseĀ they could cause serious harm.
“The jury heard from a surgeon who gave expertĀ evidence that the acts, which are relatively commonly practiced within the LGBTĀ community, could be conducted safely. It took the jury just a few minutes of deliberationĀ to reject all charges.”
He said: “Despite the ānot guiltyā verdict, the trial came at great personal cost to Walsh. IntimateĀ details of his sex life were exposed to judgement in a very public forum.
“Moreover, the Crown Prosecution Service has continued to argue that the groundsĀ for prosecution were sound and that the images were āextremeā, leaving depictionsĀ of these practices open to further prosecutions.
“This suggests a particular legal vulnerability for gay men and other sexual minorities. For a law that was originallyĀ intended to address violence against women, this is a perverse result indeed.”
Sam Bowman, executive director of the Adam Smith Institute said: “Most people donāt want the government in their bedrooms, but thatās what extreme porn laws do. This report highlights just how bad these laws really are ā they turn millions of law-abiding adults into potential criminals simply for enjoying consensual spanking or dressing up in the bedroom.
“The evidence is very clear that pornography does not drive violence, and indeed it may reduce it. These are badly drafted laws that should never have made it to the statute books, and this report confirms the urgent need for the government to scrap them.”
