[PASSED] Ban on Revenge Porn

[Tinhampton]

On the 11th of October 2023, Ban on Revenge Porn became GA#692!

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This proposal has been filed to the General Assembly Moral Decency Board.
NOTE: at 0909 BST on the 27th of September 2023, this proposal reached quorum with The Divin Fist's approval, the 55th all told.

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Character count: 1,198
Word count: 184

This ICly remains a project of Lydia (not Lidya) Anderson, Assistant to the Delegate-Ambassador.
OOCly, it is a replacement for Challenging Sexually Exploitative Recordings should that be repealed, hence Draft #2. Note that I do not support SR's proposal to repeal CSER and this draft remains a last resort.

Ban on Revenge Porn
A resolution to restrict civil freedoms in the interest of moral decency.

Category: Moral Decency

Effect: Mild

Proposed by: Tinhampton

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Believing that everybody has a right to feel safe in their person, whether in public or in private, and

Reaffirming that revenge porn - the distribution of humiliating and sexually explicit recordings of a person without their consent - and similar activities violate the safety of persons and should therefore be curtailed...

The General Assembly hereby:

1. defines "sexually exploitative recordings" as images, recordings or other media (hereinafter "recordings") of any person which exhibit that person in a sexual manner, and which are made or otherwise distributed without that person's ongoing consent and with the intention that any other person should view them for their own sexual pleasure or to humiliate the recorded person at any point, and
2. requires all members to outlaw the making of, wilful distribution of, and threats to distribute sexually exploitative recordings to the fullest extent permitted under prior and standing international law, except where their distribution occurs in an arbitral, judicial or policing context and is necessary to help show that a person has committed an act which can be punished by the relevant dispute resolution venue.

HOLDING PEN FOR OLD DRAFTS

[Simone Republic]

You still haven't sorted out the points made in TNP about whether non-nude but sexually suggestive posts constitute pornography and the "grey area" argument from Wally

[The Ice States]

"We will support this in the event that it becomes necessary."

~Robert Desak,
World Assembly Ambassador,
The Eternal Union of Devonia and the Ice States.

[Tinhampton]

You still haven't sorted out the points made in TNP about whether non-nude but sexually suggestive posts constitute pornography and the "grey area" argument from Wally

RE "sexual:" the first prong of Article a is neutral as regards to the clothing of the victim.

RE further distribution: resolved courtesy of Cessarea's suggestion here.

[Sea Dome]

We find all extant arguments against the current law ridiculous and thus the presence of a certain delegation unsurprising. Should it be necessary, count on us for support.

OOC NOTE: Post #123 baby

[Cessarea]

Councillor Feathers-of-Burgundy reads the draft, gives a small nod, and promptly raises to speak:

"I am still concerned as to what exactly would count as exhibiting one's image in a sexual manner, but... I see no reason not to leave that up to the deliberation of Member Nations and their magistrates. After all, that which may constitute a humiliating sexual depiction for one culture may be just slightly risqué in another. Support as is, in hopes that it will replace the author's previous work on the matter."

[Simone Republic]

As the first answer to issue 1585 points out, revenge porn seems to imply that somebody did something wrong. It's a bad title for starters.

[Tinhampton]

"Revenge porn" is the commonly accepted terminology in the United Kingdom.

[Barfleur]

OOC: If you want to convey the same type of impression but avoid the implication that the victim somehow brought this on themselves, consider “Ban on Blackmail Porn” or “Ban on Harassment Porn.”

[Juansonia]

We find all extant arguments against the current law ridiculous and thus the presence of a certain delegation unsurprising. Should it be necessary, count on us for support.

"GA#684 prohibits the use of such footage for evidentiary purposes beyond the scope of enforcing GA#684. As long as a video is made as revenge porn, it suddenly becomes inadmissible as material witness in a murder trial, for example. The member state's interest in prosecuting murder cases should outweigh this assembly's interest in banning revenge porn from the evidence locker."
- Maria-Fernanda Novo, WA Ambassador for the Armed Republic of Juansonia

[Simone Republic]

"Revenge porn" is the commonly accepted terminology in the United Kingdom.

Yes to a degree, but that doesn't change the fact that it's still a loaded term.

[Tinhampton]

I do not plan to change the title at this time (nor is the word "revenge porn" occurrent in any place beyond the preamble, where it has no legislative effect). Any other concerns?

[Simone Republic]

1. "Believing that everybody has a right to feel safe in their person," <= What do you mean by this? You mean their personal lives?

2. "humiliate that person at any point, and" <= not clear which person is " that person"

3. "recordings" <= strictly speaking is an JPEG image (or GIF animation) or highly realistic painting a recording? I just realized the term "recordings" usually means videos.

4. I still don't like the title. It somehow makes the (perceived) victim sound like they've done something wrong to deserve it.

[Tinhampton]

1. "Believing that everybody has a right to feel safe in their person," <= What do you mean by this? You mean their personal lives?

That everybody has a right to feel safe and be confident about doing so. Physical assault or attacks on one's dignity, for example, are NOT conducive to such feelings.

2. "humiliate that person at any point, and" <= not clear which person is " that person"

3. "recordings" <= strictly speaking is an JPEG image (or GIF animation) or highly realistic painting a recording? I just realized the term "recordings" usually means videos.

A major change has been made to Article a.

4. I still don't like the title. It somehow makes the (perceived) victim sound like they've done something wrong to deserve it.

There is a well-known nationwide helpline in the UK which helps victims of such things. Its official name is the Revenge Porn Helpline. The title will not be changed.

[Tinhampton]

This will be submitted today tomorrow. Reminder that, under this proposal, revenge porn can be used in ANY dispute resolution venue to provide evidence that ANY offence has been committed. It is for this reason, and this reason alone, that the repeal of the original got more than 91% support

[Askrieg]

Dr. Daendels rushes onto the floor, followed by his increasingly numeorus aides holding what seems to be cartons of pizza boxes. He ran into his table and microphone, tripping and apologizing to other Ambassadors and Delegates on his row,

"Delegates! Pardon the sudden intrusion to this historic hall." Dr. Daendels catching his breath,

"...I-...I must admit, at first glance, the State Protectorate of Askrieg was ready to persuade, lobby, and ultimately argue against this proposal. Not less than 8 minutes ago me and my..." the Dr. seems to be counting his aides by his index finger, "16 and a half aides were drafting a speech critically questioning the definitions, characterizations, and the lack of deliberation of the burden of proof this proposal need to provide. Like, how in the hell does this resolution expect a state to do to enforce 'outlaw the making of [...] sexually exploitative recordings'??? Doorkicks every consenting adult bedroom until--"

Dr. Daendels were interrupted by an aide whispering to his ears, after an awkward amount of silence, Dr. Daendels hangs his head, unable to meet the gaze of his fellow Ambassadors,

"However, Ambassadors, I realize what I should've realize the moment this resolution appears on the docket. It is not about the imperfections that i should've focused on this resolution, it is the spirit. We must all realize Revenge Porn is on the rise, the many mostly young citizens; our citizens, that it concerns. Cases are through the roof, hell, back home there are literal websites, cults, social media accounts dedicated to spread revenge porn. If you have children, or even have a friend that has children, this resolution protects them.

Sure, this resolution in its' current iteration is imperfect, lacks critical characterization, however those can be amended; provisioned; and replaced by further resolutions. However, the issue needs to be tackled now. And while we draft a better resolution, this needs to pass.

I am once more sorry for my lack of... finesse in delivering my speech. Such is in the heat of passion. Therefore, the State Protectorate of Askrieg begs the remaining undecided member of the General Assembly to vote FOR for the resolution under vote."

Dr. Daendels sits down with a big sigh.

[Makko Oko]

"While prosecution of any offender is based on facts and evidence, you can reasonably ascertain the sending of illegal works in many ways, and you can show evidence of that being sent or written caricatures of that illegal work. Does one truly see a need to blind the eyes of the court and of the public with such illegal material? It is illegal for a reason. Let us keep it that way."

except where their distribution occurs in an arbitral, judicial or policing context and is necessary to help show that a person has committed an act which can be punished by the relevant dispute resolution venue.

"His Emperor's Government also finds that abuse could occur where an officer of the peace looks at this material in a 'policing context' and this resolution does not give any relief for any abuse. It acts as if no officer had ever conducted abuse. I can assure you that it has, thus why we enacted local laws including the Police Certification & Anti-Abuse Act, which I oversaw the drafting of. Therefore, all of this considered, the Empire must vote AGAINST this resolution." - Minister of Justice Sara Mauer

[Cessarea]

"While prosecution of any offender is based on facts and evidence, you can reasonably ascertain the sending of illegal works in many ways, and you can show evidence of that being sent or written caricatures of that illegal work. Does one truly see a need to blind the eyes of the court and of the public with such illegal material? It is illegal for a reason. Let us keep it that way."

except where their distribution occurs in an arbitral, judicial or policing context and is necessary to help show that a person has committed an act which can be punished by the relevant dispute resolution venue.

"His Emperor's Government also finds that abuse could occur where an officer of the peace looks at this material in a 'policing context' and this resolution does not give any relief for any abuse. It acts as if no officer had ever conducted abuse. I can assure you that it has, thus why we enacted local laws including the Police Certification & Anti-Abuse Act, which I oversaw the drafting of. Therefore, all of this considered, the Empire must vote AGAINST this resolution." - Minister of Justice Sara Mauer

"If your courts are unwilling to see evidence relevant to their cases, then they are unfit to judge said cases." Minister Feathers-of-Burgundy stated, bluntly. "Minister Mauer, I will personally file an inquiry to the Compliance Committee if I find out your nation has been refusing 'illegal material' as evidence in court proceedings, given that such evidence may be vital to ensure all parts of any trial or legal proceeding are thoroughly represented - especially victims who many need to use this evidence to establish the misdeeds of their aggressors. This is something your magistrates should already be taking into consideration and should in fact expect to be a part of their job. If that is not so, make it so, Minister. This resolution does not mandate this material be shown to court officials, either, it merely protects member nations' rights to make that so.

As for concerns with police corruption, your nation has the obligation to deal with it. It is not within the scope of this resolution to establish methods to deal with abuse by Law Enforcement Officers. I trust that your government is sufficiently competent to do so?"

[Makko Oko]

"While prosecution of any offender is based on facts and evidence, you can reasonably ascertain the sending of illegal works in many ways, and you can show evidence of that being sent or written caricatures of that illegal work. Does one truly see a need to blind the eyes of the court and of the public with such illegal material? It is illegal for a reason. Let us keep it that way."

except where their distribution occurs in an arbitral, judicial or policing context and is necessary to help show that a person has committed an act which can be punished by the relevant dispute resolution venue.

"His Emperor's Government also finds that abuse could occur where an officer of the peace looks at this material in a 'policing context' and this resolution does not give any relief for any abuse. It acts as if no officer had ever conducted abuse. I can assure you that it has, thus why we enacted local laws including the Police Certification & Anti-Abuse Act, which I oversaw the drafting of. Therefore, all of this considered, the Empire must vote AGAINST this resolution." - Minister of Justice Sara Mauer

"If your courts are unwilling to see evidence relevant to their cases, then they are unfit to judge said cases." Minister Feathers-of-Burgundy stated, bluntly. "Minister Mauer, I will personally file an inquiry to the Compliance Committee if I find out your nation has been refusing 'illegal material' as evidence in court proceedings, given that such evidence may be vital to ensure all parts of any trial or legal proceeding are thoroughly represented - especially victims who many need to use this evidence to establish the misdeeds of their aggressors. This is something your magistrates should already be taking into consideration and should in fact expect to be a part of their job. If that is not so, make it so, Minister. This resolution does not mandate this material be shown to court officials, either, it merely protects member nations' rights to make that so.

As for concerns with police corruption, your nation has the obligation to deal with it. It is not within the scope of this resolution to establish methods to deal with abuse by Law Enforcement Officers. I trust that your government is sufficiently competent to do so?"

"We thank you for your concern Minister Feathers. I can assure you that we've never directed the judiciary to refuse any evidence irrespective of the graphic nature of it, merely, I was pointing out how it shouldn't be forced unto our courts by a third party. While our government chose to sign on to the World Assembly, we certainly don't need them controlling evidence, which if you interpret this resolution astutely, will tell you that they are doing exactly this.

You are aware of a public and open trial correct Minister? While it is not such a guaranteed right, our ministry ensures that 99.9% of trials are openly watchable through OBC or another medium. You could argue they could tune away, however, even so, that would directly interfere with many laws on what is acceptable content to broadcast. The government certainly isn't excluded from that rule wouldn't you agree? It could also run afoul of other WA resolutions [OOC: Haven't actually checked, but it could in relation to broadcasting].

Finally, you lay claim that this resolution doesn't bear responsibility to prevent abuse. I respectfully disagree. While many governments like ours know what we're doing, there are others that do not. Any able-bodied persons with whom want to propose a resolution such as this should be prepared for abuse and close it. That, or let potential authors of the future exploit it for their own gain in other resolutions.

This resolution merely serves as a constant reminder to me that my job is never done. I shall be proposing text to the Law Council on multiple fronts to help address these issues further, so you shall get a pat on the back for that."

[Simone Republic]

I voted against because "punished by the relevant dispute resolution venue" would exclude civil cases for (say) emotional distress if no punitive damages are available under the arbitration/judicial system of a member state, although I am aware Tin is interpreting it differently

Very end of clause (b) of "Ban on Revenge Porn".

[Ceannas]

OOC ---- > As an actual victim of revenge porn, I cannot fathom why anyone would deny this motion to pass. It is a serious crime and has devastating consequences mentally, emotionally, and socially, as well as can ruin a person's entire career and family life. Why the hell are you people arguing semantics and grammar on this? Possibly because most of the issues you put to vote in this fantasy world are things you've never had to actually face in real life? Abuse, rape, blackmail, coercion, manipulation, bigotry, and hatred are all very real and there should be no argument against abolishing them all. I honestly hope none of you ever have to face these traumas in real life and, for those who have, you are not alone. For me, this hits all sorts of triggers. These topics are not a game. < ---------- /END OOC

IC -----> As a nation who values the rights and well being of all of its citizens, it is our responsibility, our duty, and our privilege to vote FOR such a ban. Only by protecting our most vulnerable will we be at our strongest. Grammar and nitpicking be damned. This issue should have been addressed ages ago.

[Cessarea]

OOC ---- > As an actual victim of revenge porn, I cannot fathom why anyone would deny this motion to pass. It is a serious crime and has devastating consequences mentally, emotionally, and socially, as well as can ruin a person's entire career and family life. Why the hell are you people arguing semantics and grammar on this? Possibly because most of the issues you put to vote in this fantasy world are things you've never had to actually face in real life? Abuse, rape, blackmail, coercion, manipulation, bigotry, and hatred are all very real and there should be no argument against abolishing them all. I honestly hope none of you ever have to face these traumas in real life and, for those who have, you are not alone. For me, this hits all sorts of triggers. These topics are not a game. < ---------- /END OOC

IC -----> As a nation who values the rights and well being of all of its citizens, it is our responsibility, our duty, and our privilege to vote FOR such a ban. Only by protecting our most vulnerable will we be at our strongest. Grammar and nitpicking be damned. This issue should have been addressed ages ago.

OOC: we unfortunately cannot make alterations to legislation that gets passed, so we have to focus on getting it right the first time. Arguing over semantics is necessary to ensure we're not stuck with a flawed resolution that needs to be repealed and replaced. As you yourself said, this is a fantasy world, and we have no rush to pass legislation on any given topic. Real world governments need to hurry with legislation, we don't. Real world governments can alter legislation, we can't.

I'm sorry that it came across that we do not care about the subject, I'd like to think that everyone here does, but this is a fantasy legislative body with very limited ways to pass new legislation. And, as a last note, if you are against such topics being debated on in a fantasy setting... I'm afraid it's inevitable. The General Assembly is an international body that deals with all kinds of topics, from stargazing day to banning torture, there's no way to reasonably limit the range of topics discussed. You will often come across heavy topics such as this one, and if you'd rather not, I think it may be for the best to give the GA a skip.

[Carideo]

Possibly because most of the issues you put to vote in this fantasy world are things you've never had to actually face in real life?

I feel like you could've easily made your point without this remark. I mean not to antagonize but to point out how innapropriate this is to say regarding something so serious. Unfortunately this issue is common IRL and honestly I found this comment more jarring for my own recollections than the entire thread prior, which as you said was discussing the semantics of the wording or theoretical legal application, not bringing into question whether other forum users have gone through traumatic, private experiences or not.

[Therimenjas]

This still seems like moral panic legislation. We know that this is going to undermine civil rights. We don't know how it's going to undermine civil rights. We resent giving conservatives power in society; we don't understand what they do with it. Conservatives always seem to find ways to make the finest of intentions into the severest of nightmares. What kafkaesque distortion of justice will this seemingly-fine legislation empower?

[Cessarea]

This still seems like moral panic legislation. We know that this is going to undermine civil rights. We don't know how it's going to undermine civil rights. We resent giving conservatives power in society; we don't understand what they do with it. Conservatives always seem to find ways to make the finest of intentions into the severest of nightmares. What kafkaesque distortion of justice will this seemingly-fine legislation empower?

The World Assembly cannot function on a "well, this could be abused!" basis. If you think there's a specific point in this proposal that can be abused by anyone willing to do more than just ban revenge porn, you can raise that concern.