Scotland Has a New Pornography Law, but You Will Need to Be Arrested to Find Out What it Is

Scotland has toughened up its pornography laws. Unfortunately, no one is quite sure what that means.

The new law imposes punishment on extreme pornography which must be obscene, pornographic and extreme. The law defines pornographic:

An image is pornographic if it is of such a nature that it must reasonably be assumed to have been made solely or principally for the purpose of sexual arousal.

Creating sexual arousal is a crime? The Scottish government is almost saying that.

The law becomes more focused by defining extreme:

An image is extreme if it depicts, in an explicit and realistic way any of the following-.

(a)an act which takes or threatens a person's life,.

(b)an act which results, or is likely to result, in a person's severe injury,.

(c)rape or other non-consensual penetrative sexual activity,.

(d)sexual activity involving (directly or indirectly) a human corpse,.

(e)an act which involves sexual activity between a person and an animal (or the carcase of an animal).

Yet their remains a few questions on where the boundaries are crossed between legal porn and illegal porn. Defining what "threatens a person's life," "likely to result, in a person's severe injury" and a clear description of "non-consensual" could use further clarification. For example, if the image appears as "non-consensual" but was consensual, then how does that relate to the law?

Questions were posed to the Scottish legal authorities. Their reply is troublesome.

"We do not publicly disclose our prosecution policy in relation to specific offences as to do so may allow offenders to adapt or restrict their behaviour to conduct which falls short of our prosecution threshold."

In other words, the Scottish authorities do not want people to know where the line is at breaking the law because people will be less likely to cross the line and break the law.

Go ahead and try to make sense out of that one. This is like driving down the highway with no speed limit signs. The cop pulls the driver over and writes a ticket for speeding, even if there is no way for the driver to know if he or she violated speeding laws.

The Scottish courts are going to get a good workout on this, along with the waste of a lot of police time.

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Published by Glenn Church

Glenn Church lives along the coast of Central California. He has worked as a businessman, farmer, human rights advocate and political activist.  View profile