Apple under fire for "homophobic" comic censorship, but it's Comixology who's to blame

SAGA 12 is not for sale due to gay sex. Earlier issues, with explicit hetero sex, are still available.

Apple is under fire for blocking the sale of a comic book which features two "postage stamp-sized" images of gay sex, after previous issues of the comic, featuring larger issues of heterosexual orgies, were allowed through its censors.

The comic in question is Brian K Vaughan and Fiona Staples' SAGA, one of the New Statesman's best graphic novels of last autumn. Issue twelve of the series opens with one of the characters, Prince Robot IV, injured on a battlefield. On his TV-screen head (look, it's a thing in the series) images of gay porn are visible, as the damage takes its toll. You can take a look at the pages in question here and here, and while the small visible images are certainly explicit, they're far from erotic. They work in humorous juxtaposition to the chaos of the battleground, and underline the artificial nature of the character in question.

Vaughan, writing on fellow comics author Matt Fraction's tumblr, announced the ban, saying:

As has hopefully been clear from the first page of our first issue, SAGA is a series for the proverbial “mature reader.” Unfortunately, because of two postage stamp-sized images of gay sex, Apple is banning tomorrow’s SAGA #12 from being sold through any iOS apps. This is a drag, especially because our book has featured what I would consider much more graphic imagery in the past, but there you go. Fiona and I could always edit the images in question, but everything we put into the book is there to advance our story, not (just) to shock or titillate, so we’re not changing shit.

As a result of the images, Apple has banned SAGA #12 from being sold through any iOS app. That includes Comixology, fast becoming the monopolist in the digital comics space (as well as its own branded comics app, Comixology provides the back-end to Marvel and DC's apps). This is not the first time the company's over-zealous censorship has hit artistic works. It's refused to allow a comic version of Joyce's Ulysses, and famously rejected an app by a Pulitzer-prize-winning political cartoonist because it "ridiculed public figures".

But the censorship of SAGA #12 has a darker edge because of the content of previous issues which have been allowed through. In issue four of the series, a character visits "Sextillion", a sex-resort planet, where he ends up rescuing a child from prostitution. Needless to say, his initial wonder around the planet is far from safe-for-work, so I'll just link to the most explicit part, which features on-panel penetration and a champagne bottle where a champagne bottle shouldn't be.

It's hard not to conclude that the rejection is homophobic. Even if it doesn't come from explicitly homophobic guidelines on Apple's part – and the company is notoriously opaque about how its App Store approval process works, so we can't know that for certain – the outcome must be judged on its own merits. Gay sex has been treated as worse than straight sex, and unless Apple admits that its reviewers made a mistake (in either of the situations), that is a homophobic standard to impose.

If you're interested in reading SAGA digitally - and it's a fantastic series, so you should be – the best work around is to buy it from Comixology's website directly. That will then sync over to any account on an app linked with it, because Apple can only censor payments which have been made on an iOS device.

As digital markets become increasingly concentrated, the line between private companies exercising their right to not host content they disagree with and outright censorship is blurred. If this is the precedent set, we should be worried what happens if Apple's authority increases further.

Update

There's more to the story than we thought. Comixology has broken its silence and released a statement revealing that it, not Apple, was responsible for blocking the publication of SAGA #12. The company's CEO writes:

In the last 24 hours there has been a lot of chatter about Apple banning Saga #12 from our Comics App on the Apple App Store due to depictions of gay sex. This is simply not true, and we’d like to clarify.

As a partner of Apple, we have an obligation to respect its policies for apps and the books offered in apps.  Based on our understanding of those policies, we believed that Saga #12 could not be made available in our app, and so we did not release it today.

 

We did not interpret the content in question as involving any particular sexual orientation, and frankly that would have been a completely irrelevant consideration under any circumstance.

Given this, it should be clear that Apple did not reject Saga #12.

After hearing from Apple this morning, we can say that our interpretation of its policies was mistaken. You’ll be glad to know that Saga #12 will be available on our App Store app soon.

We apologize to Saga creator Brian K. Vaughan, Fiona Staples and Image Comics for any confusion this may have caused.

Comixology is trying to wash its hands of the "chatter", but as David Brothers writes, the company has played this appallingly:

1. Brian K Vaughan releases a statement that Apple has banned Saga #12, specifically citing “two postage stamp-sized images of gay sex.” Fiona Staples cosigns it. They stand behind their comic, which is the only sane choice.

2. These statements are later cosigned by Image Comics and ComiXology via retweets, tweets, and reblogs on Tumblr.

3. People urge others to boycott Apple and to buy Saga from ComiXology or Image Comics directly. ComiXology implicitly supports these actions by spreading word that the comic will be on the website, not the app.

4. Twitter goes ham, understandably, because it looks like Apple is back rejecting gay content for vague or unstated reasons.

5. Websites follow suit, and a widespread discussion about Apple’s past practices follow.

6. This morning, 24 hours later, ComiXology CEO David Steinberger releases a statement that basically says “oh it was us ha ha sorry!”

Apple does not remain entirely blameless. The company's "we'll know it when we see it" approach to explicit content is presumably what led to comixology deciding to not submit the issue in the first place, and the whole experience makes clear the need for strong, reliable guidelines as to what will and won't be allowed through the censors. It also shows the benefit of having a press office which actually talks to the press: a simple "it wasn't us" would have killed the story much earlier.

But Comixology played it particularly badly. It perpetuated, implicitly and explicitly, an entirely false narrative for 24 hours, and will undoubtedly have profited from it (sales on the company's website don't give Apple a 30% cut, and there was a mass campaign to buy the issue from there). It clammed up just like Apple, but without the excuse of being the biggest company in the world dealing with an issue that was only on the fringe of its core business. And, whether it did it because it was projecting concerns Apple didn't have or not, it still must face the same charges of enabling a homophobic outcome.

Again: if censorship is done on an ad-hoc basis, there is always the risk that unconscious biases will affect the outcome. It's not immediately clear whether on-panel ejaculation is worse or better than on-panel penetration; but it is immediately clear that the one presented in a homosexual context is the one that didn't make it through. Simply saying "we did not interpret the content in question as involving any particular sexual orientation" is not enough to explain the differing treatments, and runs the risk of a chilling effect for creators in the future.

 

Photograph: Image Comics/Brian K Vaughan and Fiona Staples

Alex Hern is a technology reporter for the Guardian. He was formerly staff writer at the New Statesman. You should follow Alex on Twitter.

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David Davis interview: The next Conservative leader will be someone nobody expects

The man David Cameron beat on why we should bet on a surprise candidate and what the PM needs to do after the referendum. 

“I’m tired,” says David Davis when I greet him. The former Conservative leadership candidate is running on three hours’ sleep after a Question Time appearance the night before. He is cheered, however, by the coverage of his exchange with Ed Miliband. “Which country would it be be like?” the former Labour leader asked of a post-EU UK. “The country we’re going to be like is Great Britain,” the pro-Brexit Davis retorted

The 67-year-old Haltemprice and Howden MP is at Hull University to debate constituency neighbour Alan Johnson, the head of the Labour In campaign. “As far as you can tell, it’s near to a dead heat,” Davis said of the referendum. “I think the run of events will favour Brexit but if I had to bet your salary, I wouldn’t bet mine, I’d place it on a very narrow victory for Brexit.”

Most economists differ only on how much harm a Leave vote would do. Does Davis believe withdrawal is justified even if it reduces growth? “Well, I think that’s a hypothetical question based on something that’s not going to happen ... One of the arguments for Brexit is that it will actually improve our longer-run economic position. In the short-run, I think Stuart Rose, the head of Remain, had a point when he said there would be very small challenges. In a few years probably nothing.

“The most immediate thing would likely be wage increases at the bottom end, which is very important. The people in my view who suffer from the immigration issue are those at the bottom of society, the working poor, which is why I bridle when people ‘oh, it’s a racist issue’. It’s not, it’s about people’s lives.”

More than a decade has passed since David Cameron defeated Davis by 68-32 in the 2005 Conservative leadership contest. The referendum has pitted the two men against each other once more. I asked Davis whether he agreed with the prime minister’s former strategist, Steve Hilton, that Cameron would be a Brexiter were he not in No.10.

“I think it might be true, I think it might be. When you are in that position you’re surrounded by lot of people: there’s the political establishment, the Whitehall establishment, the business establishment, most of who, in economic parlance, have a ‘sunk cost’ in the current set-up. If changes they stand to lose things rather than gain things, or that’s how they see it.

“Take big business. Big business typically gets markets on the continent, maybe distribution networks, supply networks. They’re going to think they’re all at risk and they’re not going to see the big opportunities that exist in terms of new markets in Brazil, new markets in China and so on, they’re naturally very small-C Conservative. Whitehall the same but for different reasons. If you’re a fast-track civil servant probably part of your career will be through the Commission or maybe the end of your career. Certainly in the Foreign Office. When I ran the European Union department in the Foreign Office, everybody wanted a job on the continent somewhere. They were all slanted that way. If all your advice comes from people like that, that’s what happens.”

Davis told me that he did not believe a vote to Leave would force Cameron’s resignation. “If it’s Brexit and he is sensible and appoints somebody who is clearly not in his little group but who is well-equipped to run the Brexit negotiations and has basically got a free hand, there’s an argument to say stability at home is an important part of making it work.”

He added: “I think in some senses the narrow Remain is more difficult for him than the narrow Brexit. You may get resentment. It’s hard to make a call about people’s emotional judgements under those circumstances.”

As a former leadership frontrunner, Davis avoids easy predictions about the coming contest. Indeed, he believes the victor will be a candidate few expect. “If it’s in a couple of years that’s quite a long time. The half life of people’s memories in this business ... The truth of the matter is, we almost certainly don’t know who the next Tory leader is. The old story I tell is nobody saw Thatcher coming a year in advance, nobody saw Major coming a year in advance, nobody saw Hague coming a year in advance, nobody saw Cameron coming a year in advance.

“Why should we know two years in advance who it’s going to be? The odds are that it’ll be a Brexiter but it’s not impossible the other way.”

Does Davis, like many of his colleagues, believe that Boris Johnson is having a bad war? “The polls say no, the polls say his standing has gone up. That being said, he’s had few scrapes but then Boris always has scrapes. One of the natures of Boris is that he’s a little bit teflon.”

He added: “One thing about Boris is that he attracts the cameras and he attracts the crowds ... What he says when the crowd gets there almost doesn’t matter.”

Of Johnson’s comparison of the EU to Hitler, he said: “Well, if you read it it’s not quite as stern as the headline. It’s always a hazardous thing to do in politics. I think the point he was trying to make is that there’s a long-running set of serial attempts to try and unify Europe not always by what you might term civilised methods. It would be perfectly possible for a German audience to turn that argument on its head and say isn’t it better whether we do it this way.”

Davis rejected the view that George Osborne’s leadership hopes were over (“it’s never all over”) but added: “Under modern turbulent conditions, with pressure for austerity and so on, the simple truth is being a chancellor is quite a chancy business ... The kindest thing for Dave to do to George would be to move him on and give him a bit of time away from the dangerous front.”

He suggested that it was wrong to assume the leadership contest would be viewed through the prism of the EU. “In two years’ time this may all be wholly irrelevant - and probably will be. We’ll be on to some other big subject. It’’ll be terrorism or foreign wars or a world financial crash, which I think is on the cards.”

One of those spoken of as a dark horse candidate is Dominic Raab, the pro-Brexit justice minister and Davis’s former chief of staff. “You know what, if I want to kill somebody’s chances the thing I would do is talk them up right now, so forgive me if I pass on that question,” Davis diplomatically replied. “The reason people come out at the last minute in these battles is that if you come out early you acquire enemies and rivals. Talking someone up today is not a friendly thing to do.” But Davis went on to note: “They’re a few out there: you’ve got Priti [Patel], you’ve got Andrea [Leadsom]”.

Since resigning as shadow home secretary in 2008 in order to fight a by-election over the issue of 42-day detention, Davis has earned renown as one of parliament’s most redoubtable defenders of civil liberties. He was also, as he proudly reminded me, one of just two Tory MPs to originally vote against tax credit cuts (a record of rebellion that also includes tuition fees, capital gains tax, child benefit cuts, House of Lords reform, boundary changes and Syria).

Davis warned that that any attempt to withdraw the UK from the European Convention on Human Rights would be defeated by himself and “a dozen” other Conservatives (a group known as the “Runnymede Tories” after the meadow where Magna Carta was sealed).

“They’ve promised to consult on it [a British Bill of Rights], rather than bring it back. The reason they did that is because it’s incredibly difficult. They’ve got a conundrum: if they make it non-compliant with the ECHR, it won’t last and some of us will vote against it.

“If they make it compliant with the ECHR it is in essence a rebranding exercise, it’s not really a change. I’d go along with that ... But the idea of a significant change is very difficult to pull off. Dominic Raab, who is working on this, is a very clever man. I would say that, wouldn’t I? But I think even his brain will be tested by finding the eye of the needle to go through.”

Davis is hopeful of winning a case before the European Court of Justice challenging the legality of the bulk retention of communications data. “It’s a court case, court cases have a random element to them. But I think we’ve got a very strong case. It was quite funny theatre when the ECJ met in Luxembourg, an individual vs. 15 governments, very symbolic. But I didn’t think any of the governments made good arguments. I’m lucky I had a very good QC. Our argument was pretty simple: if you have bulk data collected universally you’ve absolutely got to have an incredibly independent and tough authority confirming this. I would be surprised if the ECJ doesn’t find in my favour and that will have big implications for the IP [Investigatory Powers] bill.”

Davis launched the legal challenge in collaboration with Labour’s deputy leader Tom Watson. He has also campaigned alongside Jeremy Corbyn, last year travelling to Washington D.C. with him to campaign successfully for the release of Shaker Aamer, the final Briton to be held in Guantanamo Bay.

“I like Jeremy,” Davis told me, “but the long and the short of it is that not having been on the frontbench at all shows. I’m not even sure that Jeremy wanted to win the thing. He’s never been at the Despatch Box. He’s up against a PM who’s pretty good at it and who’s been there for quite a long time. He’s playing out of his division at the moment. Now, he may get better. But he’s also got an incredibly schismatic party behind him, nearly all of his own MPs didn’t vote for him. We had a situation a bit like that with Iain Duncan Smith. Because we’re a party given to regicide he didn’t survive it. Because the Labour Party’s not so given to regicide and because he’d be re-elected under the system he can survive it.”

At the close of our conversation, I returned to the subject of the EU, asking Davis what Cameron needed to do to pacify his opponents in the event of a narrow Remain vote.

“He probably needs to open the government up a bit, bring in more people. He can’t take a vengeful attitude, it’s got to be a heal and mend process and that may involve bringing in some of the Brexiters into the system and perhaps recognising that, if it’s a very narrow outcome, half of the population are worried about our status. If I was his policy adviser I’d say it’s time to go back and have another go at reform.”

Davis believes that the UK should demand a “permanent opt-out” from EU laws “both because occasionally we’ll use it but also because it will make the [European] Commission more sensitive to the interests of individual member states. That’s the fundamental constitutional issue that I would go for.”

He ended with some rare praise for the man who denied him the crown.

“The thing about David Cameron, one of the great virtues of his premiership, is that he faces up to problems and deals with them. Sometimes he gets teased for doing too many U-turns - but that does at least indicate that he’s listening.”

George Eaton is political editor of the New Statesman.