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Section 63 of the Criminal Justice and Immigration Act 2008 is a law in the United Kingdom criminalising possession of what it refers to as "extreme pornographic images".〔(【引用サイトリンク】work=Criminal Justice and Immigration Act 2008 )〕 The law was enacted from 26 January 2009. It refers to pornography (defined as an image "of such a nature that it must reasonably be assumed to have been produced solely or principally for the purpose of sexual arousal") which is "grossly offensive, disgusting or otherwise of an obscene character" and portrays "in an explicit and realistic way" any of the following: * An act threatening a person's life * An act which results (or is likely to result) in serious injury to a person's anus, breasts or genitals * An act which involves (or appears to involve) sexual interference with a human corpse * A person performing (or appearing to perform) an act of intercourse (or oral sex) with an animal (whether dead or alive) and a reasonable person looking at the image would think that any such person (or animal) was real. The term covers staged acts, and applies whether or not the participants consent.〔The (Government consultation ) states "whether or not they notionally or genuinely consent to take part"; and "actual scenes or realistic depictions".〕〔The (Explanatory Notes ) state the Government's opinion that the participants' consent is not legally valid (see Operation Spanner) and hence not a justification under this new law (803); and states "In the case of images of staged activity , the Government believes that banning possession is justified..." (804).〕 Classified works are exempt, but an extract from a classified work (if the image was extracted for the purpose of sexual arousal) would not be exempt. Whether an image is "pornographic" or not is up to the magistrate (or jury) to determine by looking at the image; it is not a question of the intentions of those who produced the image.〔 If an image is held in a person's possession as part of a series of images, the question of whether it is pornographic is also determined by the context in which it appears. Therefore an image might be legal in some contexts but not others. Serious injury is not defined by the act, but is up to the magistrate or jury.〔 Guidance on the bill gives examples of activity which would be covered: depictions of hanging, suffocation, or sexual assault involving a threat with a weapon; the insertion of sharp objects into (or the mutilation of) breasts or genitals.〔 The definition of "obscene" is not the same as that used in the Obscene Publications Acts, which requires that an image "deprave and corrupt" those likely to view it; instead, this is the ordinary dictionary definition of "obscene". "Grossly offensive" and "disgusting" are given as examples of "obscene".〔 As was demonstrated by a court decision in 2014, it is not necessary to prove that those in possession of offending images had solicited them. Thus it is possible to contravene the law as a result of involuntarily receiving such images. There is a defence if the defendant can prove that they "directly participated" in the act and the other participants also consented, but only if the acts are those which can be legally consented to in the UK. This defence is not available to the photographer or other "onlookers" who were present, but did not directly participate. Where the first two clauses above apply, the maximum sentence is three years; otherwise, the maximum is two years. Adults sentenced to at least two years will be placed on the Violent and Sex Offender Register. ==History== After Graham Coutts' conviction in February 2004, the government and police forces called for "violent" adult pornography sites to be shut down and Jane Longhurst's mother and sister launched a campaign against such sites. A petition (which gained 50,000 signatures) promoted by MP Martin Salter was submitted to the government, demanding a ban of "extreme internet sites promoting violence against women in the name of sexual gratification". The government was unsuccessful in shutting down such sites, since they are based in other countries and are legally made with consenting adults. In August 2005 the British government consulted on, instead, criminalising the possession of such images. On 30 August 2006 the government published the results of the consultation, and announced its intention to introduce a possession ban on all extreme pornography as soon as the legislative timetable allowed. Opinions on the proposals were sharply divided in the consultation, with 61 percent (241 out of 397) of responses rejecting the need for stronger laws in this area and 36 percent in favour (3 percent gave no opinion). The proposed maximum penalty for possession of these images was three years' imprisonment. On 26 June 2007, the government published the plans as part of the Criminal Justice and Immigration Bill. The bill extended the scope of the proposals from "serious, disabling injury" to "serious injury". The law came into force on 26 January 2009. In July 2009, Baroness O'Cathain proposed an amendment to the Coroners and Justice Act which would bring in an equivalent law for "extreme pornographic writings".〔(【引用サイトリンク】title=Tory Lady tries to give bodice-rippers the snip )〕 There have been many more prosecutions under the law than the 30 cases a year originally predicted by Ministers. In 2011-12, there were 1337 prosecutions and in 2012-13 there were 1348.〔(【引用サイトリンク】title=UK judges quietly declare text chat can be obscene )〕 This has raised concerns that the legislation may be being used for prosecutions beyond the scope originally envisaged by parliament. Prosecutors are said to be unsure of the meaning of the law due to a lack of guidance explaining those categories that are difficult to define. The House of Lords was promised by the government just prior to the enactment of the legislation that such guidance would be issued, but this did not happen. The lack of clarity means that the law would apparently outlaw images which have been exhibited in art galleries, such as the material from Robert Mapplethorpe's ''X Portfolio'' which was included in the Barbican Gallery's ''Seduced'' exhibition in 2008. The possession of rape pornography in England and Wales was not criminalised by the legislation. However, the Criminal Justice and Courts Act 2015 amended the Act to include such a prohibition. 抄文引用元・出典: フリー百科事典『 ウィキペディア（Wikipedia）』 ■ウィキペディアで「Section 63 of the Criminal Justice and Immigration Act 2008」の詳細全文を読む スポンサード リンク
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