Audiovisual Media Services Regulations 2014
Statutory Instrument | |
Other legislation | |
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Made under | Communications Act 2003 |
Status: Current legislation | |
Text of statute as originally enacted | |
Text of the Audiovisual Media Services Regulations 2014 as in force today (including any amendments) within the United Kingdom, from legislation.gov.uk. |
The Audiovisual Media Services Regulations 2014 is a statutory instrument of the Parliament of the United Kingdom that applies regulations to R18-rated pornography that is available through paid video on demand or other streaming platforms. Prior to the regulations coming into force, neither Ofcom nor the British Board of Film Classification (BBFC) had jurisdiction over such content. In force from 1 December 2014[update], these regulations were made by the Secretary of State in exercise of the powers conferred by section 2(2) of the European Communities Act 1972.
The regulations originally prohibited the depiction of a number of specific sexual acts in online pornography based in the UK. In 2019 the regulations were changed after a review of obscenity laws, legalising the depiction of these acts provided they are performed consensually, do not harm the participants and are unlikely to be viewed by anyone aged under 18.[1]
Content
British obscenity law prohibits obscene publications, including pornography that may seriously harm the performer or threaten their life. Prior to the regulations coming into force, online pornography was not subject to the same regulations as pornography available for purchase in sex shops; the intention of the regulations was to create a parity between the two forms. Material that was already banned by the BBFC in home video – and therefore restricted under the regulations – included:[2]
- Sadomasochistic material going beyond the "trifling or transient" infliction of pain or injury.
- Physical restraint which prevents participants from indicating a withdrawal of consent.
- Urolagnia
- Erotic asphyxiation
- Facesitting
- Fisting
The
Protests
Upon going into force on 1 December 2014, the regulations were subject to immediate criticism, much of it arising from the debates around
The regulations were subject to a protest by opponents in
In response to the controversy,
Feminist opposition
Following the December 2014 face-sitting protest outside of Parliament, the feminist magazine
For example, while female ejaculation is banned, male ejaculation and its consumption remain acceptable. Although the British Board of Film Classification reports that the pornographic act it most regularly censors is "scenes of choking and gagging during deep throat fellatio", there is no suggestion of banning these acts—only ones that see a woman receiving pleasure from sitting on a man's face.
Pandora Blake, webmaster of the BDSM-themed site Dreams of Spanking, insinuated that the sites shut down for failure to comply with the regulations "have been gay sites and female domination. No BDSM sites with female submissives have been targeted because that [women's subordination] is apparently fine."[9]
See also
- Censorship in the United Kingdom
- Digital Economy Act 2017
- Operation Spanner
- Pornography in the United Kingdom
- Section 63 of the Criminal Justice and Immigration Act 2008
Notes
- ^ Long, Matilda (31 January 2019). "Ban on fetish porn including BDSM overturned in England in landmark ruling". Yahoo News UK.
- ^ a b Hooton 2014.
- ^ a b Jackman 2014.
- ^ Golby 2014.
- ^ New Statesman 2014.
- ^ a b c Silverman 2014.
- ^ a b Simm 2014.
- ^ Graham 2014.
- ^ a b Scott 2015.
References
- Hooton, Christopher (2 December 2014). "A long list of sex acts just got banned in UK porn". The Independent. Retrieved 17 December 2014.
- Jackman, Myles (4 December 2014). "The UK's sexist new pornography restrictions aren't just an act of state censorship, but could be the first step towards something even worse". The Independent. Retrieved 17 December 2014.
- Golby, Joel (2 December 2014). "We Called the UK Ejaculation Police to Find Out Why Squirting Vaginas are Illegal and Jizzing Cocks Are Fine – United Kingdom". VICE. Retrieved 17 December 2014.
- "No spanking or bondage: why the government's new porn laws are arbitrary and sexist". New Statesman. 2 December 2014. Retrieved 17 December 2014.
- Silverman, Rosa (12 December 2014). "Porn protest: 'Remember to keep hydrated, face to sit on and some smiles'". Telegraph.co.uk. Retrieved 17 December 2014.
- Simm, Pippa (11 December 2014). "MP seeks debate on new porn laws". BBC News. Retrieved 17 December 2014.
- Graham, Georgia (15 December 2014). "Porn ban goes too far, Nick Clegg says, as he backs 'face-sitting' protesters". Telegraph.co.uk. Retrieved 17 December 2014.
- Scott, Catherine (2015). "Banning Cheek to Cheek: Are the U.K.'s new porn laws anti-woman?", Bitch. Spring 2015.