UK Plans to License and Tax 'Foreign Pornographic Services'

UNITED KINGDOM—In a move already characterized as the product of "deranged thinking," the United Kingdom's latest Criminal Justice and Courts Bill contains what Computing calls "a cunning plan to globally license the internet porn industry." The site adds, "We are not kidding," and indeed they are not. A link to the latest language of the legislation lays bare an ambitious plan to create a vast framework for the licensing of foreign porn that includes "a tariff providing for different fees for different classes of foreign pornographic service and for different circumstances." (Void for vagueness, anyone?) While opining that the "proposal would surely be struck down on competition grounds for treating grubby foreign competition differently from marvelous, patriotically produced, home-grown porn," Computing also notes that the bill's authors obviously intended to "head off EU anti-competitive alarm bells" by inserting "an amendment in 42C [that] specifically exempts Euro-porn, so producers of Dutch and German grumble flicks can rest easy, although the World Trade Organization might have something to say about the British parliament's imaginative porn power grab, so to speak." Licenses will have to be renewed annually under the new proposal, and the foreign smut merchants are also "expected to provide assurances to the Minister for Porn that under-18s—people old enough, from the age of 16, to bleed to death in a foreign land on the whim of a politician—will be 'provided in a manner which secures that persons under 18 will not normally see or hear it.'" The language of the proposed law is, as follows: 42A Insert the following new Clause— “Parliamentary procedure for designation (1) Where the Secretary of State proposes to make a designation under section  (Licensing of foreign pornographic services)(11), he shall lay particulars of his proposal before both Houses of Parliament and shall not make the proposed designation until after the end of the period of 40 days beginning with the day on which the particulars of his proposal were so laid. (2) If, within the period mentioned in subsection (1), either House resolves that the Secretary of State should not make the proposed designation, the Secretary of State shall not do so, but without prejudice to his power to lay before Parliament particulars of further proposals in accordance with that subsection. (3) For the purposes of subsection (1)— (a) where particulars of a proposal are laid before each House of Parliament on different days, the later day shall be taken to be the day on which the particulars were laid before both Houses; and (b) in reckoning any period of 40 days, no account shall be taken of any time during which Parliament is dissolved or prorogued or during which both Houses are adjourned for more than four days.” 42B  Insert the following new Clause— “Licensing of foreign pornographic services (1) The provider of a foreign pornographic service is guilty of an offence if the service is not a service licensed by the appropriate licensing authority. (2) An application for a licence to provide a foreign pornographic service— (a)  must be made in such a manner; and (b)  must contain such information about the applicant, his business and the service he proposes to provide, as the appropriate licensing authority may determine. (3) The appropriate licensing authority may require an application for a licence to provide a foreign pornographic service to be accompanied by a fee if such fee is payable in accordance with a tariff approved by the Secretary of State. (4) The Secretary of State may for the purposes of subsection (3) approve a tariff providing for different fees for different classes of foreign pornographic service and for different circumstances. (5) Any licence issued by the appropriate licensing authority must require that any material which falls within section (Definition of a foreign pornographic service)(1)(b) is provided in a manner which secures that persons under 18 will not normally see or hear it. (6) The Secretary of State may by notice under this section require that any licence issued by the appropriate licensing authority must contain requirements other than that contained in subsection (5). (7) No licence issued by the appropriate licensing authority may stipulate a condition other than one required under subsection (5) or (6). (8) The appropriate licensing authority may— (a) decline to issue a licence to a foreign pornographic service if that service is in breach of any requirement under subsection (5) or (6); or (b) revoke a licence to provide a foreign pornographic service if that service is in breach of any requirement under subsection (5) or (6). (9) Unless revoked under subsection (8), a licence shall remain in force for one year or for such shorter period as the appropriate licensing authority on the grant of the licence may determine. (10) The appropriate licensing authority may transfer any licence granted by them to such other person as they think fit. (11) The Secretary of State may by notice under this section designate any body to be the appropriate licensing authority. (12) The Secretary of State shall not make any designation under this section unless he is satisfied that adequate arrangements will be made by the designated body for an appeal by any person against— (a) a refusal by the appropriate licensing authority to issue a licence to that person; or (b) a decision by the appropriate licensing authority to revoke a licence issued to that person.” 42C Insert the following new Clause— “Definition of a foreign pornographic service (1) A service is a foreign pornographic service if— (a) the principal purpose of the service is the provision of still images or audio-visual material which is pornographic; (b) it includes pornographic material which depicts in an explicit and realistic way— (i) penetration of the vagina or anus of a person with a part of the body or anything else; (ii) oral sex; (iii) masturbation; (iv) ejaculation; (v) urinary or excretory function; (vi) acts of restraint or violence of threats which are associated with sexual activity; (c) the provider of the service is not under the jurisdiction of a European Union Member State for the purposes of the Audiovisual Media Services Directive; (d) the pornographic still images of audio-visual material are received by the user by means of an electronic communications network; and (e) the service can be received in the United Kingdom by a member of the public using standard consumer equipment. (2) In this section “pornographic” has the same meaning as in section 63 of the Criminal Justice and Immigration Act 2008 (possession of extreme pornographic images).” 42D Insert the following new Clause— “Penalties A person guilty of an offence under section (Licensing of foreign pornographic services)(1) shall be liable, on summary conviction, to imprisonment for a term not exceeding six months or a fine not exceeding level 5 on the standard scale (or both).” Pictured: English Parliament.