It's time to abolish the obscenity law

Obscenity law robs us of agency. And it tells us that we are depraved.

"Do they even HAVE obscenity trials any more?!' my old editor at the Erotic Review exclaimed, when I told him I was live-tweeting from one this week (read David Allen Green on the not guilty verdict here).

Well, yes, they do, and it's a pretty surreal experience to think that statute from the burgeoning permissive society is still being used to make judgments about life in Britain 2012, a place where it's all too easy to have an expectation of sexual liberty and free speech, and a sense that the only person you need to gain permission from is the one you're doing something with.

That the precedent for obscenity trials quoted is still the Lady Chatterley trial of 1960 (R v Penguin Books) is even more bizarre, particularly if, like me, you studied the case at university. It's evidence of a time where artistic merit had barely evolved as a defence for literature with dirty bits.

Clearly, the artistic merit of pure pornography is even more contentious, where it's even appropriate, and while the evolution of English obscenity law has been marked by two seminal cases since - the Oz magazine trials of 1971, and the trial of Inside Linda Lovelace in 1977 - neither of these offer much in the way of obvious and direct relevance to prosecutors and jurors examining the kind of internet and DVD porn comprising obscenity trials today.

Take a look at the Crown Prosecution Service's directions on the OPA 1959 if you want to see what now constitutes 'obscene'. The list is 'not exhaustive' but includes sex with animals; sex with minors; fisting; torture, activities involving perversion and degradation (urination, vomiting and excretion). We've certainly moved on from being mortified by the egregious use of the word 'fuck', as those who brought the Lady Chatterley to trial were.

But the test of obscenity - whether something 'depraves and corrupts' - remains the same: 'to deprave means to make morally bad, to debase or to corrupt morally. To corrupt means to render morally unsound or rotten, to destroy the moral purity or chastity, to pervert or ruin a good quality; to debase; to defile it.'

Obscenity law posits that boundaries of decency must be drawn somewhere. Obscenity is culturally relative. It is about moral judgment. It has to be in order to protect the moral fibre of the society it is serving. It just so happens that this frequently means castigating sexual subcultures by labelling their activities as debased, often with little attempt to understand practices which are outside the average person's experience.

Perhaps most curiously, the OPA 1959 makes a crime of publishing material featuring acts which are not illegal in themselves. Prosecuting those who distribute obscene material isn't about preventing physical or sexual harm, nor is it about avoiding provocation of crime, or illicit behaviour. It's about deciding whether the sanctity of a mind and character of the person exposed to the so-called obscene materials is at stake. Go back to the CPS definition of what constitutes obscene and you'll see we're not talking about mainstream porn, but the kind you only find when you know what you're looking for.

In its bid to establish moral standards, Obscenity law robs us of agency. And it tells us that we are depraved merely because we have thoughts about the acts designated as depraved; thoughts other than revulsion.

Does obscenity law even have any place in 21st century English law then? Should it perhaps not be abolished, as blasphemy law was in 2008, and treated as a similar cultural and legal anachronism? Surely yes, if the precedent for it is still a trial in which a conservative white male establishment failed to grasp the concept of artistic expression as a means of defence, and instead sought to impose standards on a society that was relaxing its morals faster than it raised its hem lines.

The outcome of R v Peacock -- a landmark because the defendant pleaded not guilty -- sets a contemporary precedent for discussing pornographic obscenity which should have little to do with its potentially degenerative effect on wives and servants as the Chatterley trial did - unless that's the point, of course.

Nichi Hodgson is a 28-year-old freelance journalist specialising in sexual politics, law and culture.

Nichi Hodgson is a writer and broadcaster specialising in sexual politics, censorship, and  human rights. Her first book, Bound To You, published by Hodder & Stoughton, is out now. She tweets @NichiHodgson.

COREY HOCHACHKA/ALAMY
Show Hide image

He went in to report on crystal meth – before long, Luke Williams was hooked

The journalist moved into a house of meth addicts to investigate the drug. Within a month, he was using, too.

“I got a story, a very good story,” writes the young Australian journalist Luke Williams in the first chapter of his new book, The Ice Age. “Only it wasn’t the one I was expecting.” For three months in 2014, he lived in a house of crystal meth addicts in a suburb of Melbourne, Australia, to investigate the drug. Within a month, he had forgotten why he was there. He had become addicted himself.

What follows is a dizzying retelling of his experiences, which veers between stories of Williams’s psychotic episodes and facts about his drug of choice. His descent into addiction happened in a nondescript house in Pakenham, a suburb to the south-east of Melbourne – “one of the most badly affected meth areas in Australia”.

Williams, now 36, grew up nearby and went to school there. He already knew two meth users in the area well enough to rent a room with them – an out-of-work labourer called Smithy and his live-in ex-girlfriend Beck. It was they who gave Williams his first shot of crystal meth, less than three weeks into his stay.

The crystal form of methamphetamine, also known as “ice”, is an addictive and powerful stimulant that causes euphoria. It heightens alertness, energy and arousal, with comedowns that can lead to aggression and violence.

It has gained cultural significance in recent years because of the US television drama Breaking Bad, in which an otherwise mild-mannered and law-abiding chemistry teacher “cooks” and sells crystal meth. Yet not much is known about the long-term effects of the drug, which in some countries – such as the Czech Republic – is a graver problem than heroin. In the UK, crystal meth activity is low and mainly linked to the gay chemsex party scene, where drugs are used to enhance group sex experiences.


Photo: Scribe

The drug is linked to severe psychosis, which Williams experienced first hand. Detailed in his book in a neat little list, like a morbid twist on a teenage diary, are Williams’s delusions, entitled: “My psychotic ideas”. Some are harrowing. His conviction that his parents are trying to poison him, for example, which results in him threatening to kill them “with my bare f***ing hands”. Others are amusing: he abandons his journalistic endeavour almost immediately in the belief that his calling is to become a famous rap star.

“I think that I could maybe do spoken word, but rapping? No, no,” he chuckles, when he speaks to me via Skype from Nepal, where he is researching another story. He says that he wanted to investigate crystal meth use partly because he was bored. He had left journalism to work at a law firm, and his life “lacked a bit of kick”.

Although he describes himself as “white, middle-class [and] educated”, he was fixated by the characters from his youth on the city’s outskirts. “I missed [them] in the middle-class world; it seemed so polite and clean . . . I looked forward to getting back there, living cheap, and when I saw the state some of my friends were in, I was very curious to know what was going on with them. Nobody was writing about the working class and the underclass.”

Williams quickly shifted from observer to addict. In alarming and frank detail, his book tells of marathon masturbation sessions (his record was 16 hours), physical altercations and a thick fog of paranoia. He would search his name online and become convinced that anything written by, or about, the name “Luke Williams” involved him.

He became so obsessed with the memory of an ex-boyfriend called Nathaniel that he believed that Smithy had turned his ex “into a transsexual, so that he and his mates could have their way with the new female Nathaniel”.

After three months, Williams was kicked out of the house by an aggressive Smithy, who thought the journalist was stealing his cannabis (he wasn’t). The nearby hospital gave him no help, so Williams ended up on the streets. After a lot of persuasion, he eventually returned to safety with his parents. He has been recovering ever since.

There is talk of a crystal meth “epidemic” in rural and suburban areas of Australia, which has among the highest usage of the drug in the world. The number of people using it there tripled from 2011 to 2016, and 7 per cent of Australians over the age of 14 have reported using amphetamines or methamphetamines (in the UK, it’s 1 per cent).

Although Luke Williams’s story is an insight into one of the world’s most dangerous substances, it’s also a lesson in doing your research. The first time Williams took crystal meth, it was injected by one of his housemates and he believed that it was no different from powdered meth – more commonly known as speed – which he had been using occasionally to give him the energy to write.

The group called everything “meth”, regardless of what they were taking. “Our lingo just didn’t differentiate,” Williams tells me. “People don’t really understand the difference. I got the opportunity to say in the public domain that [crystal meth] is different . . . It eats away at your inside.”

The Ice Age: A Journey Into Crystal-Meth Addiction by Luke Williams is published by Scribe.

Anoosh Chakelian is deputy web editor at the New Statesman.

This article first appeared in the 19 January 2017 issue of the New Statesman, The Trump era