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Old 12-11-2002, 06:50 AM  
LadyMischief
Orgasms N Such!
 
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Join Date: Sep 2002
Location: Oakville, Ontario
Posts: 18,135
Quote:
Originally posted by Brent
they pretty much broke all the rules in the province of BC.

cant tie people up - they did it
cant full fist - they did it
cant piss on someone - they did it
can't degrade people- they did it

i would like to see them fight it all- as i disagree with BC laws.
Actually, I'm going to poke my nose in here now. I'm no "authority" but we have one member of our company who's SOLE job 24/7 is to research Canadian obscenity laws, precidents, etc etc etc. Believe me, we keep this boy busy. The Sweets broke more laws than most people have underwear in their underwear drawer, and the chickens have come home to roost.

You can portray bondage in images, however, there are strict limitations to what is acceptable as far as bondage is concerned. You can't have BOTH hands tied up (stupid yes, but that's what it boils down to basically). While she is tied up there can be NO PENETRATION, not even a finger. Period. NO portrayals of blood, fake or otherwise. Fisting is DEFINITELY out, urination is a big nono, and degrading people in general is unacceptable. Anal sex is ILLEGAL, PERIOD. TALKING about anal sex in public can get you charged. Even the depiction of ejaculation is illegal, and although not many do, you can get busted just for taking pictures of the pop shots. Hell it's illegal to have an animal in a picture (like a cat wandering through) etc etc.

And I saw somewhere else in the thread that they had women reading aloud on camera what they were going to do... That's all fine and well and good, but that does not make what they were going to do LEGAL in the eyes of the law. If anything, that's MORE damning, because the authorities don't have to prove what they were doing.

Something else, another thing that must be considered, is something very important to contract law, and just about every other kind of law called "duress". Just because those models signed a paper doesn't mean they were willing... if they were pressured in ANY way (even a Hey baby sign the paper will ya?), it will be considered duress (especially if they are trying to take these guys down) and any contracts/releases they signed will be invalidated by the courts. As well, if there were any drugs or alcohol involved, this can also be construed as duress, and will automatically invalidate any paperwork.

As far as what is considered obscenity in a community... You have to look at the definition of "community", and there are several factors that will affect which definition of "community" is used in a legal sense. It really depends on how badly the law wants to take these guys out. Community could be the country, it could be the city, it could be the area of operations, it could be the two block radius around their studio. If some little old lady a block away said what their stuff did was "obscene", Tada, you are offending the local sense of what is right, therefore going contrary to the "community" viewpoint of what is obscene. Doesn't take much to get busted if you aren't careful, and I get the impression these guys weren't the most quiet of neighbours. All it takes is one person making a stink and you can get into trouble. Just because they broadcast porn on cable tv and satelite doesn't mean that a "community" will accept it. I would LOVE to shoot where I live, but I would get completely slammed with obscenity because I live in a small, VERY VERY religious community, who think living with someone you aren't married to is a mortal sin andall who do it should be publically stoned. However, I drive three hours south to Toronto, and I am fine by most community standards.

The law is NOT cut and dried, a LOT is left to the interpretation of the courts, and therein lies the pitfalls. You have to keep your nose pretty squeaky clean and maybe you can get away with a little more... but these guys are likely going to go down very hard, and the reprecussions will be felt in the entire adult industry, not just Canada.

These guys broke FEDERAL laws first, Provincial Laws second. It wouldn't surprise me if this were taken to a federal level to ensure maximum penalties. It's going to be ugly all around, and it's DEFINITELY a bad reflection on the adult entertainment industry as a whole. Just what we all need! Ugh!
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