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.


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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Theresa May can play big fish with devolved nations - in the EU she's already a nobody

The PM may have more time for domestic meetings in future. 

Theresa May is sitting down with representatives from Scotland, Northern Ireland and Wales on Monday to hear their concerns about Brexit. 

For the devolved nations, it is the first chance since the seismic vote in June to sit down at a table and talk to the Prime Minister together. 

May has reportedly offered them a "direct line" to Brexit secretary David Davis. It must be a nice change for her to be the big fish in the small pond, rather than the small fish in the big pond that everyone's already sick of. 

Because, when it comes to the EU, the roles of Westminster and other nations is reversed. 

Brexit was small potatoes on the menu of Theresa May’s first European Council summit. It may hurt British pride but the other 27 heads of state and government had far more pressing issues on their plate to worry about.

So, it was an awkward debut Council evening meal of lamb and figs for Prime Minister Theresa May and dinner was served with a large reality check.

As May was later asked at her press conference, why would anyone listen to someone who already has one foot out the door?

Britain is in limbo until it triggers article 50, the legal process taking it out of the EU. Until that happens, it will be largely and politiely ignored.

May’s moment to shine didn’t come until 1am. She spoke on Brexit for “five minutes maximum” and said “nothing revolutionary”, EU sources briefed later.

May basically did that break-up talk. The one where someone says they are leaving but “we can still be friends”. The one where you get a divorce but refuse to leave the house. 

It was greeted in the way such moments often are – with stony silence. Brexit won’t be seriously discussed until article 50 is triggered, and then the negotiations will be overseen by the European Commission, not the member states.

As became rapidly clear after the vote to leave and in sharp contrast to the UK government, the EU-27 was coordinated and prepared in its response to Brexit. That unity, as yet, shows no sign of cracking.

German Chancellor Angela Merkel later damned May with faint praise. She hadn’t said anything new but it was nice to hear it in person, she told reporters.

Merkel, as she often does, had a successful summit. She needed Council conclusions on migration that would reassure her skittish voters that the doors to Germany are no longer thrown wide open to migrants. Germany is one of the member states to have temporarily reintroduced border checks in the passport-free Schengen zone

The conclusions said that part of returning to Schengen as normal was “adjusting the temporary border controls to reflect the current needs”.

This code allows Merkel and her Danish allies to claim victory back home, while allowing Slovakia, which holds the rotating Presidency of the EU, enough of an excuse to insist it has not overseen the effective end of Schengen.

But Merkel’s migration worries did not provide hope for the British push for immigration controls with access to the single market. The Chancellor, and EU chiefs, have consistently said single market access is conditional on the free movement of people. So far this is a red line.

Everyone had discussed the EU’s latest responses to the migration crisis at a summit in Bratislava. Everyone apart from May. She was not invited to the post-Brexit meeting of the EU-27.

She tried to set down a marker, telling her counterparts that the UK wouldn’t just rubberstamp everything the EU-27 cooked up.

This was greeted with a polite, friendly silence. The EU-27 will continue to meet without Britain.

Francois Hollande told reporters that if May wanted a hard Brexit, she should expect hard negotiations.

Just the day before Alain Juppe, his likely rival in next year’s presidential election, had called for the UK border to be moved from Calais to Kent.

Hollande had to respond in kind and the Brussels summit gave him the handy platform to do so. But once inside the inner sanctum of the Justus Lipsius building, it was Syria he cared about. He’s enjoyed far more foreign than domestic policy success.

May had called for a “unified European response” to the Russian bombing of Aleppo. It was a break in style from David Cameron, who is not fondly remembered in Brussels for his habit of boasting to the news cameras he was ready to fight all night for Britain and striding purposefully into the European Council. 

Once safely behind closed doors, he would be far more conciliatory, before later claiming another triumph over the Eurocrats at a pumped-up press conference.

May could point to Council conclusions saying that all measures, including sanctions, were on the table if the Russian outrages continue. But her victory over countries such as Italy and Greece was only achieved thanks to support from France and Germany. 

The national success was also somewhat undermined by the news Russian warships were in the Channel, and that the Brexit talks might be in French.

But even warships couldn’t stop the British being upstaged by the Belgian French-speaking region of Wallonia. Its parliament had wielded an effective veto on Ceta, the EU-Canada trade deal.

Everyone had skin in this game. All the leaders, including May, had backed CETA, arguing the removal of almost all custom duties would boost trade the economy. Belgium’s Prime Minister Charles Michel was forced to tell exasperated leaders he could not force one of Belgium’s seven parliaments to back CETA, or stop it wrecking seven years of painstaking work.

As the news broke that Canada’s trade minister Chrystia Freeland had burst into tears as she declared the deal dead, everyone – not the first time during the summit – completely forgot about Britain and its referendum.

Even as the British PM may be enjoying a power trip in her own domestic union of nations, on the international stage, she is increasingly becoming irrelevant. 

James Crisp is the news editor at EurActiv, an online EU news service.