Basically more of the same, yeah... this time they've deleted the journals of two well-known HP fanartists for "obscene material", based on the "clarifications" they recently made to their ToS regarding the whole "what is child porn?" hooplah. Thing is, the legalities are rather murky on both sides, and ultimately it comes down more to LJ protecting themselves from being found guilty in any way of harbouring pedophiles and, more to the point, protecting their advertising revenue. And the fact that they're still being pressured by a fringe group of moralistic psychos called "Warriors for Innocence" (on the surface they're crusaders against child sexual abuse, in reality they're a bunch of right wing nutjobs against abortion, homosexuality, probably women's rights... etc etc).
Anyway, legally speaking it's unfortunately rather confusing. There are actually two relevant laws here, from what I gather - a child porn one and an obcenity one. According to the former, child porn only refers to depictions of REAL children. Fair enough. The obscenity one, however, is the problem - it states that fictional/artistic works can be found obscene if they depict children in graphic sexual situations even if the children are clearly fictional and, you know, not REAL. And the real kicker to all of this is a little clause in the obscenity law which states that such materials may be permitted if they have artistic or literary merit. So in short, LJ has put a team together to determine what has artistic merit. Oh joy. In theory the clause is decent, but the problem as always lies in the execution - who decides what has merit? Literary classics such as Lolita are permitted and can be bought in any book store, and artistic masterpieces depicting naked minors are okay and can be seen anywhere (hell, David was only 17, I believe, and that's considered one of the greatest pieces of art there is. And omg, he's nekkid. And as someone rightly pointed out, he may not have been created for sexual gratification but that doesn't mean that people haven't been turned on by him at some point in the last 500 bloody years).
Aaanyway. It's a mess. As usual. LJ/Six Apart are within their rights, technically speaking, since they are backed up by their own ToS (vague and constantly changing as it is). Ultimately, though, fandom is understandably feeling attacked and worried and we're all trying to decide what to do next. A lot of people are talking seriously about moving ship to another journal, but none of the current journals are particularly desirable. So, new plan is to build our own. Fandom is nothing if not determined. And hell, it might even be possible... it'll be an interesting next few monthes, anyway, I predict. I suppose it's always going to be this way for fandom; ultimately, we're a fringe gorup and those in the outside world just don't GET it. And, of course, since they don't get it, it's wrong. Isn't that always the way? Siigh.
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Date: 2007-08-06 01:56 am (UTC)Anyway, legally speaking it's unfortunately rather confusing. There are actually two relevant laws here, from what I gather - a child porn one and an obcenity one. According to the former, child porn only refers to depictions of REAL children. Fair enough. The obscenity one, however, is the problem - it states that fictional/artistic works can be found obscene if they depict children in graphic sexual situations even if the children are clearly fictional and, you know, not REAL. And the real kicker to all of this is a little clause in the obscenity law which states that such materials may be permitted if they have artistic or literary merit. So in short, LJ has put a team together to determine what has artistic merit. Oh joy. In theory the clause is decent, but the problem as always lies in the execution - who decides what has merit? Literary classics such as Lolita are permitted and can be bought in any book store, and artistic masterpieces depicting naked minors are okay and can be seen anywhere (hell, David was only 17, I believe, and that's considered one of the greatest pieces of art there is. And omg, he's nekkid. And as someone rightly pointed out, he may not have been created for sexual gratification but that doesn't mean that people haven't been turned on by him at some point in the last 500 bloody years).
Aaanyway. It's a mess. As usual. LJ/Six Apart are within their rights, technically speaking, since they are backed up by their own ToS (vague and constantly changing as it is). Ultimately, though, fandom is understandably feeling attacked and worried and we're all trying to decide what to do next. A lot of people are talking seriously about moving ship to another journal, but none of the current journals are particularly desirable. So, new plan is to build our own. Fandom is nothing if not determined. And hell, it might even be possible... it'll be an interesting next few monthes, anyway, I predict. I suppose it's always going to be this way for fandom; ultimately, we're a fringe gorup and those in the outside world just don't GET it. And, of course, since they don't get it, it's wrong. Isn't that always the way? Siigh.