[Still thinking about cases from the Comic Book Legal Defense Fund...]
I wonder if somebody can enlighten me:
Why do many countries have draconian laws about erotic art being sent in the post?
It seems to me that very often when there's a law suit or a seizure of materials being called "obscene" (or "indecent" in the UK), the whole thing hinges not so much on the fact of the materials existing, but on the fact that they were shipped in the post.
Why the heck would this matter? It's illegal to open other people's mail, so shouldn't it be a private matter what's in the mail? I don't get it.
One example amongst many is that in the UK, it is legal (since a few years) to sell pornography from a store... and it is legal to send pornography from abroad to a UK address... but it is illegal to send porn in the post from one UK address to another! See what I mean? If it's OK to sell it in a store, why would they be upset about it being sent in the mail?
Pascal commented:
Very soon, in Europe, the postal service will be opened to free competition. When this happens, I'm betting the private postage and distribution companies won't be too enthusiastic on opening the mail and violating their customers' privacy, since this would lose them a significant part of the market.
Ergo, I foretell that in the near future, such legislations will become moot. Anyway, it's already pretty much established that you can't make mail orders without a credit card or a checkbook, therefore you HAVE to be a free consenting adult.
All those laws, I find, have one thing in common: they deliberately target sexually-connoted matters, on the sneaky but safe bet that very few citizens will dare confront the judgement of the public eye by stepping forward and saying: "HEY! I demand my free constitutional right to view porn if I damn well please."
6 comments:
I remember watching a documentary about photography. The model from this picture by Edward Weston was being interviewed.
She said she remembered seeing the print and thinking it was wonderful, and all Weston could focus on was whether it was legal to send by the mail. It all depended on pubic hair visibility.
"Why does many countries have draconian laws about erotic art being sent in the post?"
Probably something to do with contributing to the delinquency of a minor - Stores selling it can decide if a recipient is old enough, and it
can be sent into the country because
you can't regulate foreign laws, only your own. That's my theory...
It's easier to trick people into violating "the law" if the "law" is confusing and arbitrary. The state depends upon "crime" for its power, therefore it is important to have as many "criminals" as possible. Non-violent "criminals" are safer to arrest (kidnap) and fine (extort money from) than are the violent aggressors. So of course, these are the types of "crimes" the state encourages.
I think it might go back to freedom of speech - at least in the US. The gov't can't legislate what you can say, but they can legislate what you can send through the gov't operated mail.
And here's how tired I am: I came back to look at this again for a second before closing the tab and noticed that my comment is listed as being posted at 1:11 am. I groaned, knowing I was up too late but being honestly surprised it was really that late. Then I looked at the time on my computer - 7:30 pm. Duh...different time zone I guess. But either way, I haven't gotten enough sleep this week!
Very soon, in Europe, the postal service will be opened to free competition. When this happens, I'm betting the private postage and distribution companies won't be too enthusiastic on opening the mail and violating their customers' privacy, since this would lose them a significant part of the market.
Ergo, I foretell that in the near future, such legislations will become moot. Anyway, it's already pretty much established that you can't make mail orders without a credit card or a checkbook, therefore you HAVE to be a free consenting adult.
All those laws, I find, have one thing in common: they deliberately target sexually-connoted matters, on the sneaky but safe bet that very few citizens will dare confront the judgement of the public eye by stepping forward and saying: "HEY! I demand my free constitutional right to view porn if I damn well please."
It reminds me of that timeless bit in the very first Leisure Suit Larry game, Land of the Lounge Lizards:
Larry can buy a condom in the general store. Very useful if he wants to, um, "employ" the hooker without catching a disease that'll make his genitals explode, and to complete the adventure with the box of chocolates in said hooker's room and the hammer outside her window (don't ask!). The store appears deserted. Larry shyly asks the clerk for a "lubber", and gets bombarded with a list of very precise, and hugely embarrassing questions, forcing you to click each time on a pointless choice:
- Lambskin or latex?
- Smooth or ribbed?
- With or without spermicide?
- Plain or lubrified?
- Ordinary or colored?
- Standard size or extra large?
- With or without reservoir tip?
- etc...
When you're FINALLY done answering, the clerk sells you the damn lubber. But not before hollering, citing precisely each of your answers: "Hey! You hear that, people? That guy here wants to buy a latex, smooth, with spermicide, lubricated, colored, standard size, reservoir tip, etc... prophylactic!"
At which point, in the seemingly empty store, heads pop out from behind every possible place, and the crowd exclaims in a chorus: "WOW! WHAT A PERVERT!!!"
You'd think you get spared the dubious incident when you use it and return to buy another one? Think again!
Man, that was the only time in my life I almost felt embarrassed while playing a video game. Poor Larry. :`(
But, as with every legend, myth, rumour or classic media production, there's a part of truth in it... :-P
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