Nelson Jones

Belief, disbelief and beyond belief

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This censored isle

Our very British attitude to porn.

Photograph: Getty Images
Photograph: Getty Images

There's a reason that the story of King Canute is so familiar.  The image of a monarch vainly trying to hold back the inflowing sea resonates strongly because that is the way in which authorities in this country have always behaved.  Nowhere is this clearer than in the history of official attempts to to stem the tide of (usually foreign) erotic literature and film. 

In the legend, Canute was trying to make the point that, king though he was, he remained a mortal.  He was demonstrating the folly of his courtiers' flattery.  His successors, though, have rarely demonstrated such wisdom.  No doubt because Great Britain is an island, the authorities -- politicians, police, customs officials, film censors -- have tended to behave as though it is possible to preseve the country inviolate: a censored isle set in a sinful sea.  They may only have been delaying the inevitable, but it was at times a very long delay.

In the repressive 1950s, works by such authors as Henry Miller had to be printed abroad and smuggled into Brtain, where they were liable to be seized by the police.  Copies of Madame Bovary and even Moll Flanders were burned on the orders of overzealous local magistrates, along with more than 30,000 "saucy" seaside postcards in 1953 alone.  A new Obscene Publications Act in 1959 introduced a defence of artistic merit, famously tested the following year with the prosecution of Lady Chatterley's Lover, DH Lawrence's novel first published (in Italy) in 1928.  That case is remembered as a great watershed in the history of British censorship, the moment when a new age of permissiveness dawned, or else when the floodgates opened to an unstoppable tide of pornography and moral degeneration.  But it can equally be seen as one stage in a much longer struggle for control over what people in the UK were allowed to read, see and even think.

Looking back, the forces of liberalisation might seem to have prevailed.  One wonders what Mervyn Griffith-Jones QC, who asked the Lady Chatterley jury whether they would want their wives or servants to read the book, would have made of Fifty Shades of Grey, to say nothing of the hardcore material that can be accessed in almost every modern home with a couple of clicks of a mouse.  But the censors did not simply give up in 1960.  They merely turned their attention to other things. 

Offical censorship was always imposed in the name of public standards of decency, yet the British public has often been more liberal than their rulers.  One of the striking features of prosecutions under the Obscene Publications Act, which are now extremely rare, has been a repeated reluctance by juries to convict.  The Lady Chatterley case was thrown out.  So, at the start of this year, was the attempt to convict Michael Peacock for distributing videos featuring anal fisting.  It was because it became almost impossible to secure convictions, rather than any official permissiveness, that OPA prosecutions of the written word died out. (One problem, according to the late John Mortimer, who acted as defence barrister in OPA cases, is that it was difficult to find anyone who would admit to having been "depraved and corrupted" by reading a book.)  As for the moving image, the British Board of Film Classification conducts regular surveys to check that its guidelines bear at least an approximate relationship to popular taste, and usually discovers that adults are less horrified by depictions of sex and nudity than they expected.

The BBFC held the line against explicit sexual imagery until the late 1990s.  Thirty years after hardcore pornography became widely available in Europe it was still officially banned in Britain, even from sale in sex shops.  An experiment in liberalisation was eventually given the green light by Michael Howard as Home Secretary.  The theory, as the former BBFC director James Ferman told a 1998 edition of Panorama, was to "draw the line between sexual portrayals which are simply within the range of normal sexual practice and sexual portrayals which are degrading particularly bestiality or lavatorial practices or force, or violence or restraint".  But, in a foretaste of the moralism that was to come, the incoming Labour Home Secretary Jack Straw called a halt, describing Ferman's attempt to distinguish standard porn fare from the extreme variety as "circular and risible".

Ironically, that is precisely what his government went on to do in its 2008 legislation against "extreme pornography", defined as anything involving animals, dead bodies or threat of "serious injury to a person's anus, breasts or genitals".  The BBFC, for its part, now allows sex to be shown in "sex works" (and arthouse movies, preferably in French, intended for viewing by an elite audience of middle class film buffs) but continues to cut scenes of sexual violence and other material that it considers obscene, including fisting and urination. (In one typical case, a distributor was offered a choice between keeping the sex and removing the urination, and keeping the urination but removing the sex.  They couldn't have both.)

That the forces of official censorship have moved from banning works of literature featuring rude words (or even seaside postcards) to cutting out scenes of erotic strangulation from porn videos may suggest that there has been a headlong retreat from the overt moralism of the 1950s.  Now censors and proponents of censorship cite potential harm to viewers, rather than public morality, as justification for banning things.  Harm, though, remains ill-defined, and British censorship remains by modern Western standards fairly strict.  Last year it banned outright a US horror film The Bunny Game, citing its "strict policy on sexual violence and rape".  The DVD is now on sale in the USA and in continental Europe, with "Banned in Britain" featuring strongly in the publicity material.  Are British people uniquely vulnerable to such harm?

It seems that someone thinks so.  The view from the Daily Mail has always been of a conspiracy by liberal elites to unleash a tide of depravity on an innocent and unwilling British populace -- with only themselves, or eccentric campaigners such as the late Mary Whitehouse, standing between ordinary people and the deluge of filth.  Yet official censoriousness and desire for control has been remarkably consistent.  Regulated sectors such as broadcasting and adversing still enforce standards of "decency" that are, by international standards, remarkably strict.  The interent might, as yet, be beyond the censors' control.  That's what makes it so frightening, and so tempting for lawmakers.  But the Canutes haven't given up just yet.

13 comments

Ron Graves's picture

"The image of a monarch vainly trying to hold back the inflowing sea resonates strongly . . ."

And once again someone gets the Canute tale completely wrong. Canute wasn't vainly trying to hold back the rising tide, merely demonstrating to followers who were in danger of deifying him that he wasn't infallible, and some things simply were beyond him.

-Catch-'s picture

That would be a very good point, were it not for this bit in the next paragraph:

"In the legend, Canute was trying to make the point that, king though he was, he remained a mortal. He was demonstrating the folly of his courtiers' flattery. "

Richard James's picture

And once again someone who doesn't read beyond the first paragraph.

SPUCMember's picture

If they made most porn illegal as anti-woman then East End criminals who choose to use racist and homophobic language (but would never, ever hit or rape a woman and specialise in taking down nonces) would sell hardcore porn anyway underground, like the scene was in the 1970s to 1990s. And with the number of men who like it, I predict huge numbers of police will choose to go corrupt and support them, just like in those days of the "Dirty Squad" (the anti-obscene publications squad, who were also known as that due to their fiendish levels of corruption- any honest John who tried to join that branch of the police quickly realised it wasn't for them and moved on, and they even allowed child and animal porn to be sold by the mob).

People won't just do as they are told by "society" on sex, or else we'd still have everyone waiting for marriage and staying faithful for life and we'd never have had any porn industry at all. If you have the right connections in Islam- not so difficult to make- you can obtain UK produced material which falls way outside current UK hate laws on homosexuality, and these people are the type who'd rather die blowing up a building than obey a UK law they saw to be anti-Islamic. Racist material is still sold in several bookshops I know and the police aren't going to be stopping it any time soon, and is easily ordered from online- just like golden shower porn and "The Bunny Game".

Public executions are a different matter as they are done by the government. They are banned because the government is against capital punishment full stop, like all EU governments, NOT because of people getting kicks from watching it. You can buy videos of executions legally. Animal cruelty and murder are not "hate crimes" so cannot be compared to a feminist analysis of porn. In the same way, you can't have group sex in public without the risk of being arrested for outraging public decency but it is legal to buy images.

I am a SPUC member because I believe abortion should be illegal, but I know that many women would choose to break the law and have abortions anyway and many corrupt police would not be prepared to go after them or their doctors and/or would actively help set up networks like "Jane" and the Abortion Support Network of the 60s. The biggest threat to the law would be jury equity/nullification.The majority is pro-choice and would acquit people who had clearly committed the crime, which could not be changed short of abolishing the jury system. If you think juries composed on average of six men and six women would convict people for "misogynist" porn just because Parliament said so, I'll wager that many would not.

SPUCMember's picture

If they made most porn illegal as anti-woman then East End criminals who choose to use racist and homophobic language (but would never, ever hit or rape a woman and specialise in taking down nonces) would sell hardcore porn anyway underground, like the scene was in the 1970s to 1990s. And with the number of men who like it, I predict huge numbers of police will choose to go corrupt and support them, just like in those days of the "Dirty Squad" (the anti-obscene publications squad, who were also known as that due to their fiendish levels of corruption- any honest John who tried to join that branch of the police quickly realised it wasn't for them and moved on, and they even allowed child and animal porn to be sold by the mob).

People won't just do as they are told by "society" on sex, or else we'd still have everyone waiting for marriage and staying faithful for life and we'd never have had any porn industry at all. If you have the right connections in Islam- not so difficult to make- you can obtain UK produced material which falls way outside current UK hate laws on homosexuality, and these people are the type who'd rather die blowing up a building than obey a UK law they saw to be anti-Islamic. Racist material is still sold in several bookshops I know and the police aren't going to be stopping it any time soon, and is easily ordered from online- just like golden shower porn and "The Bunny Game".

Public executions are a different matter as they are done by the government. They are banned because the government is against capital punishment full stop, like all EU governments, NOT because of people getting kicks from watching it. You can buy videos of executions legally. Animal cruelty and murder are not "hate crimes" so cannot be compared to a feminist analysis of porn. In the same way, you can't have group sex in public without the risk of being arrested for outraging public decency but it is legal to buy images.

I am a SPUC member because I believe abortion should be illegal, but I know that many women would choose to break the law and have abortions anyway and many corrupt police would not be prepared to go after them or their doctors and/or would actively help set up networks like "Jane" and the Abortion Support Network of the 60s. The biggest threat to the law would be jury equity/nullification.The majority is pro-choice and would acquit people who had clearly committed the crime, which could not be changed short of abolishing the jury system. If you think juries composed on average of six men and six women would convict people for "misogynist" porn just because Parliament said so, I'll wager that many would not.

mr jones's picture

welcome to idiot land

Pavlova's picture

There are many people in this world who are willing to allow themselves to be misused in return for attention or money. Whether that's for financial reasons or psychological ones. There are those who will try to televise their suicides, those who will come to arrangements with cannibals, those who will would like their executions to be televised, people who will wound themselves for artistic installations, tramps who will drink urine on camera, black people who will play demeaning roles in films, who used to play much more demeaning roles on the stage, big brother contestants who will emote to the nation, people who will sell their blood, eggs and organs, and many many thousands if not millions of women with shaky self-esteem who are willing to share their distended body parts and total humiliation with the world for what they think might be love.

The question for society is not whether there are people like this, or whether it will always go on, or whether it sells, but whether we condone it and encourage it.

I would have thought that it's perfectly possible to have erotic material without this brutality and dehumanisation, if some people's tastes aren't catered to by that, well that's the whole point.

Ms Sceptical's picture

'it's not, it's entertainment overwhelmingly for male pre-adults'

How inaccurate can you be?

Pavlova's picture

"How inaccurate can you be?"
The statistics prove it.

Pavlova's picture

"Nowhere is this clearer than in the history of official attempts to to stem the tide of (usually foreign) erotic literature and film. "

Well firstly an interesting conflation of erotica and porn.
Secondly, so far, so similar to the drugs/illegal organ/child porn/gun trade.

"the British public has often been more liberal than their rulers"
Well firstly, it's a section of the British public.
Secondly, so far so similar to the popular taste for racist/homophobic/voyeuristic/murderous/suicidal media.

So, the problem with porn as I see it is not its sexual content, but its sexist/misogynistic content. We have confused ourselves by calling it all adult entertainment (it's not, it's entertainment overwhelmingly for male pre-adults), and we have confused ourselves by getting on the wrong side of the free expression debate with it. The country bans racist, anti-semitic, homophobic, Islamophobic material, freak shows, animal circuses, public executions and suicides and society functions perfectly well without it. The tide has been successfully turned as it were. The question is why aren't we showing the same concern for women? Is it because men get a personal reward when they watch their abuse?

mark12345678's picture

But we don't ban images of circuses etc. Abuse that occurs in the production of po rn is illegal. The laws against po rn images are nothing to do with protecting participants.

Pavlova's picture

We do ban the use of disfigured and disabled people in circuses (in terms of them being part of a freak show) and many animals in circuses though don't we, despite there being a public appetite to see them.

Clearly the benchmark for pornographic abuse and the incitement of it is extremely high. Most things which would be illegal if they were racist or homophobic, etc are not illegal if they are sexist. For example it is absolutely generic that women will be referred to and used in misogynist ways. Much of porn makes use of depictions of (or actual) illegal activity against them such as voyeurism, sexual assaults, abduction, rape, torture will be included.

If gender/sex were included in the anti-hate legislation (for some reason it is excluded), things would become alot clearer for alot of people.

longza's picture

good

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