JCHR
Paul Tavener, 14 Sep 2006 20:13:33
I thought it was a good idea to write to the JCHR as suggested here previously, so I have just sent this document to:
jchr@parliament.uk
Dear Mr Dismore,
I am one of many people in this country with growing concerns regarding human rights issues in the UK. Recent Government proposals to criminalise the possession of some forms of extreme pornography have increased this concern to a point where I felt it was necessary to write to you.
Given the comment from human rights minister, Baroness Cathy Ashton, that the JCHR would be more effective in influencing government policy if it were able to review aspects of the government's agenda that clearly impact on human rights before Bill stage, it would seem particularly relevant to bring this matter to your attention now, after the Government has stated it’s intent, but before any Bill has been drafted.
I have many concerns over the Government’s proposals concerning extreme pornography; however chief amongst these is the suggested criminalisation of people who merely possess images that depict activity that is both violent and pornographic. In particular images that contain “realistic depictions” of consenting adults engaged in what appears to be non-consensual activity, but where no criminal act has taken place.
The Government’s proposals would directly interfere with the personal sexuality of tens of thousands of adults in the privacy of their own homes. I suggest that this amounts to a very serious and disproportionate interference with their right to a private life under article 8 that could only be justified by the strongest evidence of harm, evidence which the proposals themselves admit does not exist.
The main motivation behind these proposals appears to be personal revulsion over “abhorrent” images and a wish to create a tribute to murdered schoolteacher Jane Longhurst. Feelings of personal abhorrence over what other people choose to look at cannot possibly justify such action. And the destruction of people’s lives that would result from the implementation of these proposals would serve as the most ghastly tribute imaginable.
Contrary to what the Government claims, the criminalisation of many UK citizens under the new proposals would do nothing to prevent harm to those involved in the creation of abhorrent images because virtually all such images are created abroad and the overwhelming majority involve consenting actors who are as likely to suffer harm as the actors who play the ‘dead’ bodies uncovered by TV detectives. Nor would the proposals remove the images from the internet as their sale (let alone possession) is legal in their country of origin. The UK Government stands alone in the civilised world in this matter.
These concerns were raised with the Home Office during the public consultation over this issue last year, but the Government response on the 30th August this year failed to address these concerns, indeed it avoided commenting on these specific points in a way that only served to underline the seriousness of the threat to human rights that now exists in this area.
A further issue that gives rise to great concern is the clarity of the words used in the proposal. Despite some limited adjustments that were included in the Government’s response on the 30th August, the use of subjective phrases such as “realistic depiction” and “pornographic” will still make it impossible for many members of the public to determine if they are breaking the law or not leading to a breach in article 7.
It is a great pity that the Government now feels so compelled to legislate and be seen to be “doing something” that nobody at the Home Office is prepared to engage in any meaningful debate, let alone foster a balanced discussion on these matters. But even I was surprised to hear a Government minister (Vernon Coaker) misrepresent the results of the Government’s own public consultation on national radio to such an extent that any listeners would believe that the majority of respondents were in favour of the Governments plans.
I would ask that these matters are brought to the attention of the JCHR and hope that there is still time to amend the proposals. If the current proposals were to be implemented as they now stand it would lead to a serious infringement of human rights and a guaranteed challenge in the ECHR as soon as the bill received royal assent.
Yours sincerely
Paul Tavener