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» Scarleteen Boards: 2000 - 2014 (Archive) » SCARLETEEN CENTRAL » Sexual Ethics and Politics » Child porn court ruling in British Columbia

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Author Topic: Child porn court ruling in British Columbia
Dzuunmod
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Violent sexual fantasies about children, written down on paper do not constitute child pornography, the Supreme Court in the Canadian province of British Columbia ruled yesterday.

Predictably, anti-child pornography advocates are none too pleased with the court's decision.

I think it's clearly the right one. If you open the second link I posted, on the right side of the screen you'll find a link to a Real video interview with Hal Niedzviecki, who edits a magazine about 'zine culture in Canada. He argues that the contents of John Robin Sharpe's (Sharpe being the accused in this case) writings shouldn't have anything to do with the law, because they aren't hurting anyone. He's quite right, methinks, but what do you think?

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I want to break my legs just so I won't forget to be nice to you.
-Moneen


Posts: 1515 | From: Montreal, Quebec, Canada | Registered: Jun 2000  |  IP: Logged | Report this post to a Moderator
sangre_red
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i think it is the WRONG one!!!

how can the supreme court be so hypocritical??? the ruling stipulated that sharpe is guilty of having child pornography, but the text is ok because it's art. who gets to decide what constitutes art? the 'artistic merit defince' is absolute bullshit. "rt" is subjective. justice shaw said he found "evidence of artistic merit" because sharpe's "portrayal of people, events, scenes and ideas are reasonably well written". so if someone else composed a badly written story of the same type he/she would be found guilty instead?

does that mean sharpe takes bad pictures then? i am in no way against free speech at all, i just wish they would make up their minds.

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masturbation: (n.) sex with someone i love.


Posts: 18 | From: canada | Registered: Mar 2002  |  IP: Logged | Report this post to a Moderator
Dzuunmod
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I think, and I could be wrong, that the difference between the pictures that Sharpe posessed and the stories that he wrote is that no child was harmed in the production of his stories - they came entirely out of his mind.

I think as long as his production of child pornography doesn't actually hurt another child, there's nothing wrong with it.

But, sangre, I'm inclined to agree with you on the court's reasoning. It shouldn't matter what the artistic merits of his stories are, it should just matter that he didn't hurt anyone in their production. The court really be deciding what's art, and what isn't.

So, I suppose with regards to the pictures, because they harmed children, it doesn't matter how artistic they are. That whole argument goes out the window when it's clear that children were involved in the production of child pornography.

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I want to break my legs just so I won't forget to be nice to you.
-Moneen

[This message has been edited by Dzuunmod (edited 03-27-2002).]


Posts: 1515 | From: Montreal, Quebec, Canada | Registered: Jun 2000  |  IP: Logged | Report this post to a Moderator
Celtic Daisy
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i agree with the decision. There wasn't any victem when he wrote the stories. I don't think people should be put on trial for what goes on inside there head, especially when no one was hurt (in the case of the stories). You can't force someone not to think about something, and if they write it down that's their business.

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'You've got the eyes of ten women. Not in a jar! I wasn't accusing you. I just mean your eyes are really nice'-coupling

Erin Jane
~Scarleteen Advocate~


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Bobolink
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Pornographic photos of children are illegal because children cannot, by law, give informed consent.Fictional writing, on the other hand, is purely the product of a person's imagination. Can we outlaw imagination? Must thought be politically correct? One of the problems with defending freedom of expression is that one finds oneself defending some pretty revolting ideas and people whom you would not wish to invite to dinner.

But to convict a person on behalf of his/her writing is a long slippery slope. Should murder mystery writers have their writing banned and themselves incarcerated because real people do get murdered?

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We can't solve problems by using the same kind of thinking we used when we created them.

- Albert Einstein


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Celtic Daisy
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That's exactly what i was thinking. It's ridiculous to try and tell people what to think. What goes on in someone's mind is personal and if they decide to write it down, so be it. It's not a crime, and it is victimless.

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'You've got the eyes of ten women. Not in a jar! I wasn't accusing you. I just mean your eyes are really nice'-coupling

Erin Jane
~Scarleteen Advocate~


Posts: 1747 | From: Winnipeg, Manitoba, Canada | Registered: Mar 2001  |  IP: Logged | Report this post to a Moderator
   

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