Do you think discussing slavery would help you arrive at a definition of the porn you want to ban? I really don't see how. Is there some question over whether or not the definition of porn should specifically include or exclude depictions or accounts of slavery? Maybe you could explain the connection between the definitions.
That doesn't sound like a problem with the definition of trafficking or slavery, but rather, the distinctly different legal question of under what conditions the trafficked person is or is not culpable for the crimes they commit which may or may not have been under any duress.
I'll try to clarify.
Based on
your:
I'm not the one proposing major new legislation that (justifiably or not) reduces citizens' rights and is Constitutionally questionable (likely unconstitutional) in my country.
it seems that you are saying a porn law would inevitably overreach and we would end up criminalising those that are not actually making porn. What I am saying is that, in the same way, the Modern Slavery Act of 2015 (MSA) suffers from the issue of defining what is criminal and what is not - to the extent that, as I quoted:
"...you have one government body finding that a young person has been trafficked, while another insists that they are a perpetrator who should face the full force of the law."
Guilt will be dependant on how one
defines 'compulsion' and 'duress' - just as defining what is and what is not pornographic will do so. As outlined in
One Pump Court regarding the application of section 45 of the MSA:
The Defence is tailored to the particular factual scenarios that can be commonly present in cases of human trafficking. This makes it more applicable, and therefore potentially easier in principle for defendants to rely upon, than the common law defence of duress (though it may often be the case that both defences are brought simultaneously).
For example, in trafficking cases, the defence of duress could potentially fall short where a traumatised victim is compelled to commit an act without the specific threat of immediate danger. One example of such cases are those that have been documented by The Guardian, whereby Nigerian victims of human trafficking are subjugated through the use of ‘voodoo’ or ‘juju’ rituals. These rituals operate to make a victim feel completely bound to and controlled by their trafficker and extremely afraid of being cursed.
So even though the common law defence of duress might fall short, Section 45 could still cover the defendant.
In the same way that we did not balk at updating the law on slavery (indeed, did not balk at passing The Abolition of Slavery Act in 1833), we shouldn't do the same with a law against porn just because someone is pointing out potential hurdles.
The UK already bans porn -
extreme porn. I expect we could find grey areas if we tried.
That depends entirely on what definition of porn you wish to codify into a legal ban. Please state that definition.
I'll go with:
The relationship between pornography use and harmful sexual attitudes and behaviours: literature review:
For the purpose of this review, ‘pornography’ is defined as ‘any media (including: internet, books, videos, magazines etc.) intended to sexually arouse consumers through the depiction of nudity or explicit sexual behaviour.’
Should it or should it not include "Let's you and me get it on tonight!" printed on a Valentine card along with pictures of hearts and flowers?
If that is expressing the thoughts of an individual to their partner, then I can't see that that would fall foul of a porn law.
Should it or should it not include "Let's you and me get it on tonight!" printed on a Valentine card along with pictures of handcuffs, a blindfold, a ball gag, and a riding crop?
Getting warmer - but without further details I would suspect not.
Should it or should it not include a stage production of Romeo and Juliet where the lead performers are costumed and made up to portray teenagers, including briefly appearing nude on stage, but not visibly engaging in any real or simulated sex act except kissing?
Not sure. What we do know, as I posted previously, American Beauty was never banned under CPPA. You never responded to that fact.
Should it or should it not include vibrators as I defined them in my earlier post?
I guess that wouldn't violate the definition given.
Should it or should it not include a detailed illustration in a health textbook for sixth graders (11-12 year olds) showing how to insert and position a tampon?
No.
And don't forget, the question "should it include..." actually means "should the person or persons responsible for... have their freedom or property taken away by the apparatus of the state?" Because that's how laws actually work.
Indeed, yes.
Now list all the scenarios that might equally fall between the cracks regarding MSA and tell us we should never have legislated.