What Are 'Community Standards' When It Comes To Obscenity Online?

from the time-to-fix-the-definition dept

With a guy found guilty of distributing hardcore pornography online sentenced to 46 months in prison, plenty of people are beginning to question obscenity laws and how they apply to the internet. As you probably know, the standard for "obscenity" is a bit subjective -- as it's supposed to be based on local "community standards." That may have made sense when a local community was clearly definable, but it becomes a lot trickier when communities are a lot more complex. Not only does the internet challenge traditional concepts concerning legal jurisdiction, but it also changes how you define a "community." Choosing a local community based on geography makes very little sense when it comes to an online obscenity case, as there's probably not much of a chance that folks in that community were actually impacted by the content. Yet, in this case, prosecutors did some jurisdiction shopping, and found a conservative local community in which to file the case. That could lead to some very dangerous precedents, where "community standards" are based on the lowest common denominator, rather than the actual community involved.

What makes this tricky, also, is the fact that obscenity laws, like copyright laws are actually designed for a "broadcast media" world, where the worry is how a "publisher" produces some kind of content and pushes it out to a mass audience. Yet, the internet isn't designed as a broadcast media, but a communications one -- and suddenly the line gets a lot more blurry. Can you be thrown in jail for sending an obscene joke to a friend? Most people would think that's silly. But when the "audience" gets bigger, then the questions start to creep in, and the law is not equipped to handle it. If this content is only seen by those who seek it out, then is it really doing any actual "damage" to innocent people who are worried about being corrupted by obscenity? Either way, it looks like we may once again need to struggle with adapting laws to the very different nature of the internet.

Filed Under: community standards, internet, jurisdiction, obscenity

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  1. identicon
    Anonymous Coward, 13 Oct 2008 @ 9:02am

    The U.S. perverted view

    If naked breasts are so dangerous that a quick flash of one on TV requires a multi-million dollar fine, then half the population is being damaged every day, and women should be prevented from owning mirrors.

    A child was arrested for producing kiddy porn because she took a picture of herself.

    While channel surfing, I stumbled upon a movie in which a woman's ear was being removed without anaesthetic in graphic detail with convincing screams, but on the next channel, a married couple being loving was censored. What kind of perverts think cruelty is acceptable and sanctioned love is not?

    If sexual activity weren't this big secret, this forbidden sin, this scandalous thrill--if it were just a bodily function that might be shared--porn would lose it's draw.
    Are there dining porn sites? Forbidden foods for dieters to view and wish for? Should they be banned?

    Porn isn't intrinsic, it isn't even something that can be measured, specified, or evaluated on a scale. Censorship changes sexual images into to porn.

    My dad said no one ever tried to steal his briefcase until the day he was chained to it. If we censor here, where the message is not delivered with push technology, are we locking up something without value to make it desirable?

    Maybe the judge in this case owns a porn site and wants to make it more profitable by creating false scarcity.

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