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Draft: Pornography and Consent
Topic Started: Oct 6 2004, 09:11 PM (91 Views)
_Myopia_
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I've been working on this proposal in the UN forum in this thread. It's an attempt to approach the issue of pornography, especially child pornography, from the point of view of protecting the rights of those featured and having an age of consent, whilst supporting freedom of expression, but also respecting national sovereignty and social differences by making the whole thing only a strong recommendation.

I was just wondering if anyone might have some feedback who hasn't commented on it on the UN forum.

This is the current draft:



Pornography and Consent

Category: Probably Moral Decency/Mild

The General Assembly,

Recalling its resolution The Child Protection Act, adopted Aug. 2, 2003, which stated that "States Parties shall take all appropriate legislative, administrative, social and educational measures to protect the minor from all forms of ... exploitation, including sexual abuse, while in the care of parent(s), legal guardian(s) or any other person(s)",

Recognising that some nations prefer to prohibit the production, distribution and possession of all pornographic material (defined for the purposes of this resolution as media used to provoke sexual excitement),

Believing that freedom of expression is important,

Believing that it is the basic right of every individual not to be featured in pornographic visual and/or audio recordings (such as, but not limited to, photographs and film) (as opposed to drawn or similar depictions, or written fiction) without their explicit consent having first been obtained,

Believing that those too young to consent to sexual intercourse are also too young to be featured in pornographic recordings,

Recognising that for the different cultures, societies and species of UN member nations, different approaches to various features of the problem of consent in this context (including, but not limited to, methods of enforcement, exactly what is regarded as pornography, and specific ages of consent) will be appropriate,

The United Nations,

1) Reluctantly re-affirms member nations' right to prohibit any pornographic material, subject to any restrictions placed by previous resolutions and until such time as the UN decides to legislate further on the matter;

2) Strongly urges member nations to enact laws outlawing the production of pornographic recordings (as defined above) when done without the consent of those persons featured in said recordings;

3) Strongly urges member nations to enact laws declaring that children (to be defined for the purposes of this legislation by each member nation - it is recommended that the age of consent for pornography be at least as high as that for sexual intercourse) are not able to give consent to be featured in a sexual role in pornographic material, and that no adult may give consent on behalf of a child in this matter, and to do their utmost within reason to stop the production, distribution and possession of child pornography (defined as pornographic recordings featuring individuals unable to give consent to be featured by reason of age);

4) Notes that clauses 2 and 3 do not refer to material which does not feature recordings of real individuals (e.g. drawn animations, or written descriptions).

5) Urges national governments to legislate upon possible exceptions such as warranted law enforcement-related surveillance in such a way as to maintain the spirit of this resolution as far as is deemed reasonable.
The Liberal not-quite-Utopia of _Myopia_
Liberty with Compassion - La liberté et l'humanité
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Rehochipe
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Works for me; however, I'd change 'production' to 'production and distribution'.

I'd probably extend this a little to all nonconsensual porn, rather than just those under-age; there's no qualitative ethical difference.
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Mikitivity
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It still looks good to me, as you are trying to skirt both sides / positions in a single document and I respect that.

Minor formatting suggestion:

Quote:
 

4) Notes that clauses 2 and 3 do not refer to material which does not feature recordings of real individuals (e.g. drawn animations, or written descriptions).


Change that to a "; and" since it is the next to last clause. Just a suggestion, and I'm probably one of the few people who actually notices these things. Kom might too know that he reformatted so many resolutions. ;)
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_Myopia_
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Quote:
 
Works for me; however, I'd change 'production' to 'production and distribution'.


Good point.

Quote:
 
I'd probably extend this a little to all nonconsensual porn, rather than just those under-age; there's no qualitative ethical difference.


It is dealt with in clause 2, although the encouraged measures aren't as stringent as with child porn. See below for changes - that ok?

Mik, format errors duly noted and corrected - thanks.

So it's now:



Pornography and Consent

Category: Probably Moral Decency/Mild

The General Assembly,

Recalling its resolution The Child Protection Act, adopted Aug. 2, 2003, which stated that "States Parties shall take all appropriate legislative, administrative, social and educational measures to protect the minor from all forms of ... exploitation, including sexual abuse, while in the care of parent(s), legal guardian(s) or any other person(s)",

Recognising that some nations prefer to prohibit the production, distribution and possession of all pornographic material (defined for the purposes of this resolution as media used to provoke sexual excitement),

Believing that freedom of expression is important,

Believing that it is the basic right of every individual not to be featured in pornographic visual and/or audio recordings (such as, but not limited to, photographs and film) (as opposed to drawn or similar depictions, or written fiction) without their explicit consent having first been obtained,

Believing that those too young to consent to sexual intercourse are also too young to be featured in pornographic recordings,

Recognising that for the different cultures, societies and species of UN member nations, different approaches to various features of the problem of consent in this context (including, but not limited to, methods of enforcement, exactly what is regarded as pornography, and specific ages of consent) will be appropriate,

The United Nations,

1) Reluctantly re-affirms member nations' right to prohibit any pornographic material, subject to any restrictions placed by previous resolutions and until such time as the UN decides to legislate further on the matter;

2) Strongly urges member nations to enact laws outlawing the production and distribution of pornographic recordings (as defined above) when done without the explicit consent of those persons featured in sexual roles said recordings, and to do their utmost within reason to stop the production, distribution and possession of pornography produced in contravention of such laws;

3) Strongly urges member nations to enact laws declaring that children (to be defined for the purposes of this legislation by each member nation - it is recommended that the age of consent for pornography be at least as high as that for sexual intercourse) are not able to give consent to be featured in a sexual role in pornographic material, and that no adult may give consent on behalf of a child in this matter, and to do their utmost within reason to stop the production, distribution and possession of child pornography (defined as pornographic recordings featuring individuals unable to give consent to be featured by reason of age);

4) Notes that clauses 2 and 3 do not refer to material which does not feature recordings of real individuals (e.g. drawn animations, or written descriptions); and

5) Urges national governments to legislate upon possible exceptions such as warranted law enforcement-related surveillance in such a way as to maintain the spirit of this resolution as far as is deemed reasonable.
The Liberal not-quite-Utopia of _Myopia_
Liberty with Compassion - La liberté et l'humanité
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Sophista
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No qualms here. I was going to make the same comment about discouraging non-consensual pornography, but you've covered it. Another good one.
Daniel M. Hillaker
Minister of Foreign Affairs
Chief Ambassador to the United Nations
Chairman of the UN Commission on Flowery Prose and Cutting Remarks
United Nations Resolution Writing Guide Author

The Federated States of Sophista
"Never attribute to malice what can be explained by stupidity."
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_Myopia_
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Thanks. There have been further edits on the UN forum, the current text is here
The Liberal not-quite-Utopia of _Myopia_
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