The War on Porn Regular Updates about the Assault on The Adult Industry
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LONDON — The House of Commons has revised proposed amendments to the U.K.’s pending Crime and Policing Bill, including provisions addressing “step” content, depictions involving adults role-playing as minors, and performers’ ability to withdraw consent.
As previously reported, the House of Lords approved amendments to the bill that would invalidate certain talent contracts and prohibit “step” content and material in which adult performers appear to portray minors. The amendments prompted ongoing discussions between the Lords and the government, which last week signaled support for changes that would narrow their scope.
The House of Commons has now published its proposed revisions to the Lords’ amendments in line with the government’s position. The changes include:
Limiting the proposed restrictions on “step” content. Under the Commons’ version, depictions of incest involving blood relatives would be prohibited, while restrictions on “step” scenarios would apply only where a performer is portrayed as being under the age of 18. The government has stated that this approach is intended to ensure that the law targets material depicting activity that would be illegal if it occurred in real life.
Narrowing the criteria for content depicting adults portraying minors. The Commons’ amendments would specify that only “sound or information associated with the image” can be used to indicate that a character is under 16. This replaces broader criteria that could include visual elements such as clothing or setting. The updated language indicates that audible dialogue, titles, or descriptions accompanying the content would serve as the determining factors. A government
A government memorandum notes that the provision is “not intended to criminalize a pornographic image of someone who is clearly an adult where the only marker of childhood is the fact that he or she is in school uniform.”
Replacing a proposed provision allowing performers to withdraw consent at any time. The Lords’ version would have required platforms to verify the age and consent of all performers and to remove content within 24 hours if consent was withdrawn, regardless of prior agreements. The Commons’ proposal instead calls for the Secretary of State to conduct a review of age and consent verification practices and to report findings to Parliament within one year. It would also grant the Secretary of State authority to intervene and regulate these practices without additional parliamentary approval.
The Commons’ proposals do not include changes to a Lords amendment that would prohibit content depicting “choking.” The government has indicated agreement with that provision.
Differences between the Lords and Commons versions of the bill are expected to be addressed through the parliamentary process known as “ping pong,” during which amendments are exchanged between the two chambers until a final version is agreed.
