First Brexit, Now Sexit

Once upon a time (the present), in a kingdom far far away (the UK), a bunch of old men and women wrote a law, the Digital Economy Bill 2016-17. The House of Lords is currently in the process of approving it. The bill relates directly to us 3DX fans as it proposes measures that would control adult material in the UK.

The proposed legislation would create a unique situation in which British sites have virtually no external competition. Not only this, but it follows in the footsteps of the new Investigatory Powers Act (try saying that ten times fast), which deals with digital data, how it’s processed, shared and protected by the government. Both these laws will regulate and profile what UK citizens are able to view on adult sites. It will create a world precedent for online pornographic censorship and cut many adult websites out of the British Isles entirely.

The Digital Economy Bill

Nothing is clear about this law. Its text is vague, dry beyond belief and opaque as to how the country will enforce it.

The bill is an update of the 2003 Communications Act and the 2010 Digital Economy Act. Essentially it’s both those laws combined, on steroids, and brings the UK up to speed in today’s digital era. The upper house is debating the text before it can be approved.

Another important law to note is the 2016 Investigatory Powers Act, passed in November last year. That law legalizes any form of invasive data gathering by policing bodies. Add it to the Digital Economy Bill, and they’ve created the porn version of Big Brother.

Part 3 of the Digital Economy Bill is where things get fun. It aims to put in place more robust age-verification controls, or age gates, in porn sites. It’s also designed to control the amount and nature of adult material present online. Part 3 of the bill would come into effect one year after it is passed, likely sometime in the first half of 2018.

Of course, it’s unclear what shape the new age gate rules would take. For example, these could be as intrusive as credit card or background checks rather than the typical wall prompt. The government could also use data gathered by organizations such as the NHS (National Health Service) or banks to verify a person’s identity and age. This would effectively allow the powers that be to profile pornography viewers.

Under the new law, sites in the UK that fail to implement the age checks face a 250,000-pound fine. The bill would also bar foreign websites that didn’t fit the new legislation from the local market. In short, it’s a porn tariff.

The bill is also very vague with regards to what adult material and sex acts it deems taboo. More on this later.

Many view the law’s approach as old-fashioned and, according to an article in Arstechnica, Orwellian. Indeed most of the current legislation actually has its origins in 1984, with the Electronics Communications Code. Think of the first Death Star vs the one in Return of the Jedi. Both are deeply flawed, cost a fortune and serve evil purposes.

Thoughtcrime = Porncrime

Part 3 defines porn as anything that achieves “sexual arousal.” When reading through the text, you can’t help but squirm at how vague it is. By doing so the government is simply allowing room for censorship and not limiting itself to specific sexual acts. Additionally, the age regulator would force viewers and porn providers alike to give more information than comfortable to be able to access their favorite sites and publish material.

Moreover, the BBFC (the British agency responsible for media regulation) would be given sole power to determine what it deems acceptable in porn and adult material. This is done by applying the R18 certification (an existing classification that determines what is or isn’t adult material). Under the Digital Economy Bill, any website whose content fell under the R18 rating would have to meet the new age control standards.

Comply (scifigiant) – when 2 + 2 = 5

The primary amendment to the bill is heavily driven by Claire Perry (a Conservative MP infamous for her support of internet censorship). The amendment specifies adult websites themselves would have to shoulder the costs of implementing the age verification controls, not ISPs. It also gives the BBFC the power to order ISPs to block any websites that fail to do so.

This approach gives the government’s outlook on its online porn market a distinct vibe that’s like that of a strict, rich nanny. You see, Ms Perry happens to be an ex-investment banker. In fact, many of her fellow Conservative MPs driving the bill and its amendments have backgrounds in investment and economics. It’s another attempt to crush small business and favor the big providers as smaller websites wouldn’t have the means to meet the law’s new measures.

The bill also mainly favors and is supported by the UK adult industry. Indeed, according to an article in The Guardian, “If overseas sites were blocked it would be boom time for homegrown pornographers.” The favoritism adds a protectionist feel to the whole shebang.

Not only this, but the law would introduce wide sweeping bans on adult sites that featured or referenced sexual acts such as spanking, whipping or caning, urination or female ejaculation (someone say sexist?). It is also likely that topics merely relating to sex such as LGBT chats, sexual abuse, and survivor networks would be targeted.

Goodbye good times (3DZen)

Supposedly this aims ay enforcing the Obscene Publications Act (a law dating back to the 60s designed to protect UK citizens from unseemly acts and images). The government is effectively attempting to dictate people’s sex lives and preferences even when these are perfectly legal and healthy.

Many rights movements such as Big Brother Watch or Open Rights Group are already saying that the bill has no equivalent. Additionally, the opposition (chiefly the Labour party) has voiced concerns in the House of Lords, stating that the age-regulator is merely a front for the censorship of legal adult material. By broadening the R18 scope, the government is making sure that websites such as Tumblr or any blog that even talks about sex could and would be partially or completely banned.

I don’t know why, but personally, I just can’t get that scene from Star Wars out of my head – you know when the emperor takes over the senate in Revenge of the Siths.

Does that technically make porn the new Jedi?

If people in the upper house are voicing concerns during the reading stages about too much control and censorship, you know you’ve got a problem, especially when it’s supposedly in the people’s best interest.

What About 3DX?

So, does this directly concern 3DX? You’re damn certain it does. If the government intends on banning spanking, you can be damn sure that dickgirls won’t cut it. As previously mentioned, many mainstream adult websites such as Tumblr, Deviantart or Blogspot would see whole see whole sections of their material blocked to UK viewers.

Porn would be chained up (MkGrr) – and not in a good way

It’s certainly bad news for Affect3D, a website and small business that would qualify for this ban. That and the high price for implementing the new age checks would mean skipping out on the British market entirely. This is an issue that most non-UK based providers face as the new law would be applicable to external websites when being viewed from the UK. The country would cut itself off from the rest of the world – in effect performing a Sexit. It would affect writers and creatives like myself working for sites such as Affect3D. We would no longer be able to provide content or access it following the new measures.

The situation is somewhat similar to what we saw in California last year with Prop 60, but more heinous. This failed state referendum attempted to enforce the compulsory use of condoms in porn within the state and the prosecution of providers that did not. The prop would have caused a mass exodus of porn producers, providers and actors from California to states like Florida where the rule didn’t apply.

On the bright side, by failing to pass, Prop 60 provides a bit of hope for the refusal of parts of the Digital Economy Bill. In any case, some remain optimistic that the bill will be met with sufficient resistance to force a re-write or boycott. A spokeswoman for MindGeek was quoted in an article in The Guardian saying she expects structures will be put in place to “maintain the rights of adults to view adult content”.

That same spokeswoman also made clear most of the sexual acts banned by the BBFC’s R18 certification are perfectly healthy parts of many people’s sexuality.

Let’s be honest, who doesn’t enjoy a bit of spanking?

Conclusion – More Bad and Ugly than Good

Porn would be on its knees (jakefraus) – but not in a fun way

The Digital Economy Bill is a means for the government to follow up on easy promises made during the 2015 elections. In theory, what it offers can seem endearing, with a desire to create a more accessible online world for all.

When you dive into the details, however, it’s both absurd and tyrannical. What it proposes is simply unprecedented in digital law and would provide a basis for more totalitarian-style censorship laws.

The bill would transform the UK online market and create a world precedent of limiting adult content. Residents and citizens here would literally have their erotic and pornographic preferences dictated to them. Not only this but legal, perfectly healthy sexual acts would become taboo.

It seems as though the government is attempting to apply antiquated rules based on the physical world on the digital one to achieve more control over its online and adult market. The Conservatives are effectively taking the country back fifty years. The law is undemocratic, deliberately vague and harsh in nature.

The UK’s Sexit will be a hard one, literally.

Web Articles:

Gayle, D. (2015). UK Pornography Industry Proposes User ID Checks for Adult Websites. The Guardian, [online]. Available at: https://www.theguardian.com/culture/2015/may/26/pornography-industry-user-id-checks-adult-websites-privacy

Gayle, D. (2016). UK to Censor Online Videos of ‘Non-Conventional’ Sex Acts. The Guardian, [online]. Available at: https://www.theguardian.com/technology/2016/nov/23/censor-non-conventional-sex-acts-online-internet-pornography

Gayle, D. (2016). Pornography Sites Face UK Block Under Enhanced Age Controls. The Guardian, [online]. Available at: https://www.theguardian.com/culture/2016/nov/19/pornography-sites-face-uk-block-under-enhanced-age-controls

Davies, C. (2010). Broadband firms urged to block sex websites to protect children. The Guardian, [online]. Available at: https://www.theguardian.com/society/2010/dec/19/broadband-sex-safeguard-children-vaizey

MacAskill, E. (2016). Extreme Surveillance’ Becomes UK Law With Barely a Whimper. Ewan MacAskill, The Guardian, [online]. Available at: https://www.theguardian.com/world/2016/nov/19/extreme-surveillance-becomes-uk-law-with-barely-a-whimper

Fiveash, K. (2016). Digital Economy Bill: Why the Tories Want to Police More of the Online World. Arstechnica, [online]. Available at: http://arstechnica.co.uk/tech-policy/2016/10/digital-economy-bill-explainer/