Fanfiction forum and NSFW Content
Posted: Sun Aug 24, 2008 1:28 pm
I'd just like to say that after shoveling my way through pages and pages US legal code, we need to be careful about what images we allow in the NSFW gallery and the subsequent NSFW discussion thread.
TITLE 18 > PART I > CHAPTER 110 > § 2256
“child pornography” means any visual depiction, including any photograph, film, video, picture, or computer or computer-generated image or picture, whether made or produced by electronic, mechanical, or other means, of sexually explicit conduct, where—
(A) the production of such visual depiction involves the use of a minor engaging in sexually explicit conduct;
(B) such visual depiction is a digital image, computer image, or computer-generated image that is, or is indistinguishable from, that of a minor engaging in sexually explicit conduct; or
(C) such visual depiction has been created, adapted, or modified to appear that an identifiable minor is engaging in sexually explicit conduct.
So I have no idea where anime/hentai fits into this. I know Japan's laws are wildly different than the US laws, but we need to consider the country in which most of us live. Archaic is UK, as I understand, and I don't know what those laws are.
Furthermore, where is our server located and what affect does this have legally?
I tore through all this legal junk for the serious debate thread, because I was absolutely sure written material wasn't considered pornographic under the law.
I would hazard to guess that:
a) No US legal team is going to care about this tiny site
b) They probably only refer to realistic digital images -- you know, the sort that really looks like Dakota Fanning sucking cock.
c) if it's anime/hentai there's probably enough legal wiggle room as the stuff falls through the cracks and around the Japanese legal system, which if I understand it, permits certain depictions.
Just thought I'd chime in with that.