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- Title
DIRTY LAWS: A CRITIQUE OF THE AUDIOVISUAL MEDIA SERVICES REGULATIONS 2014 AND SECTION 63 OF THE CRIMINAL JUSTICE AND IMMIGRATION ACT 2008.
- Authors
HALEY, DANIEL
- Abstract
The United Kingdom's recently enacted anti-pornography laws, the Audiovisual Media Services Regulations 2014 and section 63 of the Criminal Justice and Immigration Act 2008, are inconsistent with the European Convention on Human Rights, United Kingdom case law, and United Kingdom public policy. The Audiovisual Media Services Regulations 2014, which bans the sale of a wide array of domestically produced pornography, and the Criminal Justice and Immigration Act 2008, which criminalizes the possession of "extreme pornography," are among the most restrictive anti-pornography laws in the democratic world. These laws were passed in response to the rise of the Internet, which introduced material into the United Kingdom's pornography marketplace that defies traditional state regulation. The European Court of Human Rights case law suggests these anti-pornography laws are potentially inconsistent with the Convention's article 10 provisions for the protection of free expression and article 8 provisions for the protection of privacy. In addition, United Kingdom case law indicates that the government is interpreting and enforcing these anti-pornography laws in a manner that is overly broad. Insofar as these anti-pornography laws target marginalized communities, stifle business innovation, and burden freedom of expression, they are contrary to United Kingdom public policy. For these reasons, the Audiovisual Media Services Regulations 2014 and Criminal Justice and Immigration Act 2008 should be repealed.
- Subjects
AUDIOVISUAL materials; PORNOGRAPHY laws; MASS media &; criminal justice; LAW
- Publication
Cardozo Journal of Law & Gender, 2016, Vol 22, Issue 3, p493
- ISSN
1074-5785
- Publication type
Article