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Defense in youth pornography - the line




The only line of defense, I see the short and medium term, is the persistent insistence on the distinction between pornography and art.

prerequisite is that the "dominant" definition of pornography (emphasis added, incitement ... you know the whole tripe yes)

- has been in other contexts, developed for other purposes,

- because of age of a modern view of art does not comply.

Both conditions can be detected. The only need expert opinions obtained. They are clearly indicates that redefined for such a drastic legal measure, as it represents the youth pornography law, the definition * pornography versus art must be .

What does this mean for the now detected approaching judicial practice?

first
we try to anticipate the testimony of the witness. We know the situation in the disciplines involved and to estimate roughly what is the prevailing view.

a rule will apply: The work of art portrayed w ä re, when it actually completed would not be punishable. For photo and film: It has not been punished. This condition is not mandatory, but makes the argument much.

I must continue to present two examples from the literature, where our defensive line is problematic:

a.
There is a kind of bogus-autobiographical novel, which I would disrespect estimate as "skillful Wichsvorlage" the so-called " Stefan text . This is very suggestive portrayed as a child (or the progress of the action then a teenager) forfeit a sadistic "childhood friend" and from this psychologically trained, until he tolerate the sadism of adults "with relish".

The first instance (T rier), had the text - how do I manage my - as a (child) classified pornographic, finally managed a smart lawyer to reach a last resort for an acquittal. As usual was legally complicate matters somewhat, I simplified it now.

the Stefan-text that I purposely do not link back here, you can google on the net. It is in my estimation a *** highly dangerous, abysmally bad, in form and content are children and young people anschmusende Guide for young people to ruin and depravity .

b.
There are Anglo-Saxon countries, partly in Germany, a venerable, harmless tradition Flagellants-literary texts. Also German authors write there from time to time.

middle of the cane and Paw idyll suddenly appeared difficult sadistic, cynical, derogatory, truly outrageous texts a (to me by the last name her famous) German author in the pages of the sully, extortion, stealing from and enslaving of hustlers Berlin calling , they also suggestive of abysmal evil and wickedness.

What to do with texts of this kind, which, although quite high literary and artistic standing, in their tendency and dangerous statement, however, suggestive, potentially harmful?

My answer is: We need a very good, a more accurate J ugendschutz on the Internet, in book and CD sales. If enforced this, the present scheme is completely sufficient, then there no, absolutely no reason to advocate the muzzling of the literature in the sense of the unspeakable new youth-pornography law.

For there is no distinction possible between everyday material and artistic poetry. If I bewu ß t write texts trivial slip, as a poet in the role of Jane Smith wants, because the "my" art form - if you want me to prove the opposite?

second
This also applies to photography, film and painting. Whether already the body, especially the naked , a work of art is like to be left aside.

His illumination but in any case always be a work of art when he filmed through my lens, photographed, drawn with my pen.

a.
Furthermore, the condition that the sitter is legal in itself. Difficulties arise, as in the literature, in certain border areas.

If I "pleasurable Kindersexerlebnisse" or whatever else may be the abundant degenerate vocabulary of the unfortunate boy and girl lovers else as an avatar in the form of artificially constructed "Poser Art" - images performing, then I suggest something illegal or not, mislead I am also a "child sex".

b.
Whether in the U.S. so popular, immensely-popular "Dolcett 'representations, the pleasurable eating of women after first roasting on a spit, etc . not in individual cases may lead to imitation, to get used to, I do not know. But what I know for sure: There has been a further limiting case, must be given to the.

c.
I have the origin of zoomed children nude photos observed and their appearance in the 90's sharply criticized, even in those days printed letters from readers on this very nudist magazines.

This type of child pornography on the nudist area went to two very irresponsible, in my estimation is limited sane manic "nudist film" Back to the Lake Balaton with their video equipment, which made Slovakia and New Zealand beaches unsafe. you have to much to the demise of the nude photos Press contributed.

Apart from this, but once the entire youth of the nude and nude photography art and not pornography.

Here it is now to build a defense line of the miserable remnants of the nudist movement forth.

d.
I understand if the actual sexual union is no longer young in photo and film to be disclosed - under the following conditions:

- The boundaries of what is "sexual union " should be drawn very narrowly. It is unthinkable when the "pulling of the labia," or simple adolescent masturbation is forbidden in the presentation,

- The witch hunt against former owner must be avoided. Mature, "patina" material should be allowed to be possessed in youth erotic,

- What is created in literature and in the field of visual arts in the narrow sense (drawing, painting, sculpture) is always art, and never just pornography,

- nude photography and filming of the naked young body without sexual union can always be art. It must therefore remain unpunished .


I stop here once again, with regret. Perhaps you now see something more clearly where the line of defense is what may be their weak points and what will it in essence is: Is it just pornography or it might not be art?

The photo is not directly related to the text. I thank the Image Author Daniel Schaller (onlinegui.de) and removed the photo after informal request immediately .

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Stops art killer in the black robe!



Insubordinate thoughts on the opening day of hunting on ... ... Youth pornography "

A. necessary boundaries and distinctions ...

first ... on youth protection

The very stimulating discussion in the Heise Forum shows that some differences are not clear right now. The matter is confusing indeed.

We should first the minors on the Internet separated and separately considered, even better content ourselves with that and how it is regulated for a long time in Germany and works in practice quite well .

The model appears at first glance, knitted a little complicated, but has apparently proven.

I fail here, a closer Responding to the infinitely touching and naive view of a possible or even conceivable "Germany innocence" in the network - its 12th offspring, hopeful and intelligent, you will readily lead five minutes into the sexual abyss far wide of the net .... Nevertheless, there are good reasons at the national level, certain rules to protect minors and to introduce the Internet and to persevere, and the German model has been well established. So why not - a doctor would say that it can not hurt, after all, and it may even benefit.

is important for our purposes only that we distinguish scrupulously between the protection of minors on the Internet - - and the new arrangements for youth pornography.

both has nothing to do with each other. course, there is a closer look reveals very interesting connections between the two areas, personal, party political and institutional. But that is another very complicated chapter.

second ... for the Review and practice for indexing

The youth pornography bill has nothing at all and absolutely nothing to the work of the Review . There are known to media, Today very many videos, films. Games that used to be mainly books and magazines, according to their harmful to minors or "immoral" content assessed by a very mixed body that is present on its activities, past and present, now a middle bookcase of literature.

can all grouped roughly say that this passage from the terrible depths of the Adenauer era is now a highly respectable, responsible for judging, at times even modern has developed in each case, but today very likeable, worthy of support body . I go a step further and suspect that

the present, modern Federal Review *** in the fight against excesses of the new youth pornography law, a large H elp, almost a B ollwerk will against any dark Muff parties and courts.


third ... the situation abroad

It takes very little when trying to obtain advice from near and far abroad.

Even in Austria is all things differently regulated, based on different conditions and with others, partly a little absurd for us German judicial practice connected. In Luxembourg, seems pure horror, the pure chaotic law rule-and especially judicial practice, the Netherlands practice a sympathetic, because life-like division between noble strict laws and friendly, liberal version of the same by the administration of justice. Scandinavia experiments from country to country grotesque, France, the customs criminal law for years dark, confusing and, sit venia verbo, downright depraved and dissolute, in any case requires a longer studies to risk initial comments.

Switzerland, which still affects cantonal shows, confusing, in Italy the usual routine, Naples half an impoverished youth brothel but beautiful window speeches for Europe. .. and so on, we end the tour.

Without forgetting that Britain is just a witch hunt-like, hysterical frenzy against all customs Teenagers Lose having to hate, denunciation and severity clearly pathological features. I am disappointed that the British police, of which I have a high opinion, criticism of even the most absurd action involved .

Our tour was to show that comparisons with other countries make little sense and our soup at the national level, without auszulöffeln helpful loans from outside.

4th ... against confusion of "child" and "adolescent"

That miserable, lost little groups of children lovers, it wants us to convince the last few decades, children were before entering the maturity even "erotic beings," it is therefore beautiful and praiseworthy they erotic or even to use sexual, some confusion in the minds of otherwise has caused more people of critical friends. They would like to somehow deal with tolerant, understanding their concerns, to advocate their "rights".

But here is a very clear distinction attached. Who - in usually due to a deep psychological disorder, the disease has value - children who have not yet entered puberty, as an erotic partner sees the need in the interest of this very Kiner be excluded. It may be quite hysterical at times the child protectors do not always applaud, in essence they are right: there can be no tolerance for "child friends".

We know the long list of possible, often actually occurring Santander psychological damage to children through erotic contact attempts - there is only one answer: children before the onset of puberty have no place in all our models of thinking nothing.


B.
be expressed in the following medium pathos for granted, which must appear to every artist and art theorist sometimes boring, sometimes embarrassing. But we must not forget that the contacts are lawyers here - a rather remote from any artistic, not listed on artistic thinking and feeling of the profession. There are also communication links between art, literature and beautiful right now entire libraries. Nevertheless, the old ways are sometimes re-committed.

first Without youthful erotic art is inconceivable .

The Western T radition in art and literature, the young adult at all times regarded as a natural and important element, as shown, realized. This has seen at first sight for two reasons: The youthful body, whether we speak of adolescent girls or adolescent boys, is sch ö n According to many artists and writers it is, aesthetically and erotically considered, never more beautiful than aged about 14 and 18.

allows for this view, a whole phalanx of painters, photographers, call novelists, etc., who would not want to take note of, makes a fool of himself. This is record for the artist of every kind naturally, the charisma, the momentum, the core of youthful grace and present: the erotic as vital element of youth.

erotic charisma and physical beauty are the young people - in contrast to the child - inseparable . Will represent the artist, the poet, the photographer is truly what he enters his artistic eye, then he should not and can not only do not exclude the eroticism, but he must be very often at the center. This has both boys and girls of course a very different quality, but will always come in adolescent boys erection, girls in the index pleasure, accompanied by shame and coquetry into play. The artist can not and must not lie.

second The artist needs living models. The exercise of youthful eroticism is not prohibited. So her performance is first of all be not be "prohibited".

to this simple fact one must remember some of the neo-conservative dark men when they see that - in compliance with the law reasonable legislation - the sexual contact with adults 16-18s is absolutely free and also in the range 14-16, the legislature will not intervene very often. Dependencies, relationships, fee or massive benefit allowance and other exception types are, of course excluded.

The artist now often draws from his own encounter with his model, be it literary, photographic or visual artist. This meeting will be absorbed into it quite often in the erotic. The artist does this, he must also do in compliance with the aforementioned rules.

The presentation of the art must truly be. An artist who lies deliberately does not create art.

third
There is the face of modern developments, especially in the Internet no more boundaries between art and not art.

I will demonstrate in later posts with numerous examples. The exchange in forums, create blogs, that collection of well over ten thousand long, literary contributions to the male youth-flagellation, which is always visible on the net like no access control, the collection of approximately 30,000 texts to boys' sexuality, which are all now famous documents in the border area of life literature and poetry.

looks similar from in the nude. The generally available and known visual documents of a more sophisticated young photography by 18 years, "actually measured about 15-20, can be demonstrated in more than 100,000 net tangible images. The art is not all photo, but on closer inspection, much of it has a clear picture on design characteristics.

same is true in the field of video and film art and photography of the girls, only in the heterosexual area of each ratio is even more grotesque - one gets the impression (mistaken and present), that now the whole wide world just a hobby, a passion: photographing adolescents young people between 14 and 18, to film, to describe in text.

This is not unnatural, not morbid. Rather, it is a very positive development because honest: young women, young men's gold in these formative years are really so beautiful, so adorable and so sexy like never before and after in their lives. The more and more to see, we repeat, global and cross-cultural development and knowledge, it is unstoppable - - and should be stopped not at all be because she is honest because it bears the truth of statements.

artists and writers, we can not restrict or obstruct the view, as it were brewery horses, which one would wear blinkers .

C.
The distinction between art (where it is always a seal, photo and film art is understood) and non-art by the old criteria unm ö GLIC h.

Anyone with the relevant paragraphs of Pornography term in the standard textbooks of German jurisprudence reread, the smile will not be able to contain or how I go again, to laugh uproariously.

Art, the concept of art are different from 20 years ago. Is this true for the concept of pornography? Absolutely. Here is something important to note. The criteria for assessment as a "pornographic", which are used in the youth media protection, other than those at issue in the new law against pornography youth. Here, where harmful or incentive-border effects should be blocked on the Internet on children and adolescents, it is sufficient to fairly superficial, but proven criteria to work. It is not supposed to be affected art in itself, but only be limited, which I the internet, for children and young people easily available to bring, show, must write.

contrast, the youth pornography law, in particular into its possession and distribution prohibited into the literary and the art of photography, a G eneralangriff on the fundamental right of dissemination art at all, by no means only in the network.

This fundamental difference between the media protection laws and the new law is brand important and must never be lost sight of!


It is now quite possible to introduce some improvements for the protection of young people in legal regulations. This includes, first and foremost, introduced by a certain date, with penalty exemption for older photo and film documents forced to * permission of the photographed / filmed young in the immediate vicinity of the photograph or film.

How very well and without disabilities is feasible, allows, for example, from the establishment of so-called "contract attorneys" in California and elsewhere can be seen, which keep the consent of all models of Akt and Sexaufnahmen in the border region for minority and show upon request. In individual cases it is sufficient, clear as on the website of the studio, an indication of the trust attorney.

The studio has responsibility to ensure that a tracking number at any time of detection can be performed. Latent, non-intrusive, because "invisible" image labels already a little effort. A scheme of this kind is also useful at the national level and I see absolutely no impediment as to why this could be introduced contribution to the protection of privacy of young people not immediately and without any ifs and buts. could


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the owners of the above poster I do not notice. Thank you for the loan and assure the image in a simple way Anforderuing remove. The film is very good, I've seen him three times.