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Thread: UK Bans Porn Websites Made In The United States

  1. #1
    You do realize by 'gay' I mean a man who has sex with other men?
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    WTF? UK Bans Porn Websites Made In The United States

    Internet porn suffered a blow this week when a British judge ruled that the content of American Web sites could be subject to British jurisdiction.

    The landmark ruling, issued Wednesday, is a victory for British authorities, who have battled porn on the Internet for years. But privacy advocates worry the ruling could pose a threat to privacy rights.

    "This is a free-speech issue and a privacy issue," said Yaman Akdeniz, director of Cyber-Rights & Cyber-Liberties, UK. "The message the police, courts, and government are sending is, if you are a UK citizen, you won’t be able to sell pornography because anything you sell will be considered obscene."

    British law prohibits the distribution of pornography for financial gain under its Obscene Publications Act of 1959. The law was amended in 1994 to include computer-related pornography. Privacy advocates say the laws are out of touch with the times.

    "[British laws] are very restrictive and far behind the US laws on obscenity," Akdeniz said. "An erect penis would be obscene in the UK. So that would mean that most of the stuff on the Internet itself would be considered obscene."

    Just after the ruling, 28-year-old businessman Graham Waddon pleaded guilty to running Britain's largest Internet porn operation, according to a story by the BBC.

    Waddon ran a group of for-profit US porn sites from his home in Sutton, South of London, with titles such as FarmSex, Europerv, and Schoolgirls-'R'-Us. As such, he argued the porn material was published outside of Britain.

    Southwark Crown Court Judge Christopher Hardy disagreed. He ruled that the publication occurred when Waddon transmitted the material to the Web sites and when British police downloaded it.

    British police were thrilled with the ruling, according to the BBC.

    "The judge’s findings mean [Waddon] and others like him who try to avoid prosecution by placing this material abroad are making a big mistake," Neal Ysart of the Obscene Publications and Internet Unit told reporters. "They will be prosecuted."

    But privacy advocates are concerned that the new law will keep an anachronistic system from changing with the times.

    "The real issue behind the debate is the current state of obscenity laws in the UK," Akdeniz said. "They are very antiquated and do not represent the Information Age -- we’re not in the '50s any more."

    http://www.wired.com/politics/law/news/1999/07/20539

    Ive been saying for a while this was going to happen, i wonder what those from the UK will be doing now they cant sell 'obscene' materials and how many of them will continue to break the law?

    Regards,

    Lee


  2. #2
    marcjacob
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    Im going to have to research this further and consult legal advice. An erect penis is conidered obcene? I find that hard to believe as many big magazine companies openly sell r18 style magazines in every new agents, complete with erections. They have been doing so for years without prosecution.

    I think a trip to a solicitor is in order i think, but if its found that the porn i promote is illegal in the UK, i will either relocate or give it up.

    The Obscene Publications Act seems to be open to interpretation by judge as to what is and what isnt obscene. If this guy ran animal farm sites, that could be a reason why he was prosecuted.


  3. #3
    marcjacob
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    While searching the web, i have just found that UK sites without a warning page may be classed as indecent while not obcene. If you make no attempt to warn people that adult content is ahead, it sounds like you could get prosecuted for that.


  4. #4
    Gay Marriage - It's our Pearl Harbor. Ben's Avatar
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    Has anyone looked at the date?

    07.02.99 | 3:00 AM

    Year 1999.


  5. #5
    You do realize by 'gay' I mean a man who has sex with other men?
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    Quote Originally Posted by Ben View Post
    Has anyone looked at the date?

    07.02.99 | 3:00 AM

    Year 1999.
    Hmm thats interesting because it was sent via Google alerts to me this morning.

    Wonder if it was just a screwup on Googles part.

    Regards,

    Lee


  6. #6
    marcjacob
    Guest
    To be honest i keeo being told my sites are all fine but i think i want to get propper advice regardless. This is a great oppertunity.


  7. #7
    You do realize by 'gay' I mean a man who has sex with other men?
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    Its also still listed on Google News as only being a 10 hour old article too...

    http://news.google.com/news?sourceid...n&sa=N&start=0

    Regards,

    Lee


  8. #8
    Think big. Shoot hard.
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    From my understanding the only law that is of real concern to UK citizens is the shipment of physical product from online sales. I believe that law came up a couple years ago. Even websites that affiliate with sex stores are in a gray area.


  9. #9
    Gay is the new Black
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    Quote Originally Posted by abostonboy View Post
    From my understanding the only law that is of real concern to UK citizens is the shipment of physical product from online sales. I believe that law came up a couple years ago. Even websites that affiliate with sex stores are in a gray area.
    Wasn't there something last year about websites and r18 movie sales?


  10. #10
    marcjacob
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    You have to be a licensed sex shop to sell R18 DVDS or VHS in the UK but a website cannot get licensed. There has been suggestions that UK webmasters shouldnt even put up affiliate links.


  11. #11
    chick with a bass basschick's Avatar
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    that's true. you also can't have bdsm content that leaves marks, and i believe there are several other restrictions that most people simply overlook.

    Quote Originally Posted by marcjacob View Post
    You have to be a licensed sex shop to sell R18 DVDS or VHS in the UK but a website cannot get licensed. There has been suggestions that UK webmasters shouldnt even put up affiliate links.


  12. #12
    marcjacob
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    Ive fired off an email to a UK based internet lawyer who was reccomended to me as adult freindly. I have specificly asked if i can show erections, penetration, ejaculation and non certificated movies as provided by content providers.

    Im 99% certain though that the answer will be yes to all of those questions as long as a warning is in place and as long as performers are 18+.


  13. #13
    Think big. Shoot hard.
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    From what I know there are two laws that affect UK webmasters.

    1. Video sales. I believe even an affiliate of a store that ships a product should be careful.

    2. There is a law on violent porn. As Basschick pointed out, I believe if it leaves a mark on your body, it's a no go. So I wouldn't do a hardcore fetish site, like spanking etc.


  14. #14
    marcjacob
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    To be fair i think your 100% right but it does worry me sometimes as the act is so vauge, ive *tried* reading it

    I think i want a UK legal expert to confirm what i think is true, especially the downloadable video parts.

    You can walk into most uk newsagents and buy magazines with picture content thats what i sell online so im sure thats ok. I think its a wise move if only to stop me panicking whenever i see a thread like this one.

    Im trying to find the court transcript on this waddon guy, it sounds like he was doing animals and im pretty sure you dont do that in the UK!


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