House passes obscenity statutes in bid to keep up with new technology
MPs yesterday tried to pull the plug on hard-core satellite blue movies.
They passed the Obscene Publications Amendment Bill 1995 Act which aims to keep pace with modern technology.
The legislation's key features include: Banning the use of computer software for pornography; Creating a new offence of advertising an obscene article; and Imposing $5,000 fines or 12 months in prison for offenders.
Concern was expressed, however, that the legislation did not go far enough.
Shadow Human Affairs Minister Miss Renee Webb said the legislation did not give a definition of obscene.
And she asked: "Who determines what is obscene?'' The bill was introduced yesterday for its second reading in the House of Assembly by Minister of Management and Technology the Hon. Grant Gibbons .
He said it was designed to update the Obscene Publications Act 1973, which only prohibits the importation or publication of pornographic material.
"The Act has been overtaken by the evolution of technology and Government feels it not longer provides adequate protection for the community.'' Dr. Gibbons said the problem had been highlighted by the recent revelation that subscriptions were being sold in Bermuda to a Canadian-based triple X-rated satellite movie station.
Amid outcry in the community, legislators discovered the legal net was not wide enough to catch and ban the activity.
It emerged offering subscriptions to Exxxtasy was not an offence under the current Act -- even though the channel was outlawed in Canada from where its signal originated.
Dr. Gibbons said Government wanted to stop the "flagrant marketing'' of such obscene material.
At the same time, it was not Government's intention to create a Police state.
Dr. Gibbons went on to say there was evidence linking pornography to anti-social and violent behaviour.
In particular, it could be related to aggressive behaviour towards women.
"I believe there is an increasing body of evidence that exposure to pornography is hazardous to an individual's health and the values of the community.
"I would suggest modest limits on adult liberty ought to be acceptable to protect values of the community and its children.'' Dr. Gibbons spoke of the problems posed by the Internet -- an international communications network of computers.
It was clear porn was being made available through Internet, he said.
And in the United States, the Senate was currently debating legislation which would impose penalties for distributing porn via the Internet.
Dr. Gibbons said Government could not act alone in the fight against pornography.
"It is important that we have a partnership with the community.'' The Opposition Progressive Labour Party's Special Assistant Management & Technology Mr. Walter Lister said an updating of the anti-pornography legislation was badly needed given the rapid advances in technology.
Mr. Lister went on to launch a fierce attack on TV programmes which contained "offensive'' material.
Some of the topics on TV talk shows were "ridiculous''.
For example, one prime time show featured a 15-year-old boy who claimed to have fathered three children.
It was appalling, said Mr. Lister, that a boy could be held up as some kind of "superstar''.
What sort of example did this set to other youngsters? "I ask where are the broadcast commissioners? What comes into our homes on a regular basis is very sad,'' said Mr. Lister.
Mr. Lister said it was time for people to take stock and consider the violence being beamed into living rooms.
"We bear the responsibility,'' he stressed.
Mr. Lister went on to appeal for more educational TV programmes, such as those giving advice on setting up businesses.
And he called on the Black Entertainment Television to feature such programmes.
Shadow Environment Minister the Rev. Trevor Woolridge targeted the "hypocrites'' in society who railed against pornography, and then watched it in the privacy of their homes.
Rev. Woolridge spoke of his abhorrence at talk shows in which people shared the intimate and sordid details of their lives.
"It is just simply utter nonsense for our airwaves to be saturated with this perverted filth.'' There was a moral obligation for society's leaders to put an end to this.
The Rev. Woolridge said pornography was not about sex, but violence.
And he added it was time the community stood up and be counted.
Rev. Woolridge went on to appeal for Black Entertainment Television to vary the programmes it broadcast.
Deputy Speaker Mr. Tim Smith welcomed the bill, but asked what the test for obscenity would be.
A distinction should be made between nudity which had a scientific value -- such as a display of a woman's breast in a cancer programme -- and pornography.
Every effort must be made to ensure obscenity tests are fairly applied, he stressed.
Mr. Harry Soares (UBP) described pornography as demeaning and "frightening'' at times.
He warned of the corrosive effect of pornography on the young.
"You are what you see as a child.'' Human Affairs Minister the Hon. Jerome Dill also railed against the ills of pornography, saying it had a dehumanising effect.
Pornography had as little to do with sex, as rape.
"Pornography dehumanising us all and lowers us as opposed to uplifting us. It makes losers of us all,'' said Mr. Dill.
Government backbencher Mr. David Dodwell warned pornography was not just distributed via television and magazines.
It could also be distributed by "direct mail'' and the telephone.
Ms Webb said the bill was timely and necessary, but she questioned the definition of obscenity, and what the legislation would actually do.
"The bill does not define what obscene is.'' Ms Webb said she did not understand who the watchdogs of the public were.
And she wondered who determined public standards of decency in Bermuda.
Ms Webb said there were television programmes which, some people would argue, contained offensive material.
And there were lyrics in rap songs which also could be considered obscene and demeaning to women.
But, said Ms Webb, there appeared to be no attempt to prevent any of this.
The whole question of what was considered obscene was clouded in uncertainty.
Mr. John Barritt (UBP) said the bill allowed persons to argue their case in a court of law but in the end it was up to the community to bring its own standards to bear on what is or is not pornographic.
The Government Whip said it was important that there be elasticity maintained in the definition of pornography because it was difficult for jurists to define it.
Moreover, Mr. Barritt said the danger of trying to be too precise in spelling out a definition for pornography, meant that it would be necessary to redefine the term in the future as standards changed.
He said that law was not an exact science and it was necessary to make allowances for it to evolve.
Mr. Barritt said it was important for the community to set standards in their own households but the amendment "widened the net'' to allow more things to be included.
Consequently, Government had taken into consideration the developments in technology and that is why the legislation included the word "thing'' to allow different entities to be captured should the need arise.
Mr. Barritt said that while it was difficult to control satellite signals from overseas, it was still possible for each parent or guardian to monitor what their children read and watched in the home.
He said it was possible to pick up a device from Bermuda cablevision to block certain channels or portions of shows run on cable.
Mr. Barritt said the legislation would also target the explicit lyrics on rap records which are sexist and offensive.
However, in the end the courts would be the final arbiter on the limits of acceptable speech and freedom of expression.
Shadow Finance Minister Mr. Eugene Cox said the Obscene Publications Amendment bill was an important piece of legislation and it was a mistake to focus too much on finding a precise definition of pornography.
Mr. Cox said there were always going to be persons who are clever enough to get around the legislation, so it was important for Government to be watchful.
However, Mr. Cox said the major responsibility fell on the family, churches and other organisations dedicated to "morally re-owning'' Bermudians.
This was necessary, he said, because there was always a danger of Government over regulating the industry.
Education could assist families to preserve the communities' moral standards but Government had to play a role in policing whatever legislation that it put in place.
Minister of Management and Technology Dr. Grant Gibbons said it was not true to say that Government did not enforce the law because most obscene material comes through the ports where Customs officials intercept it.
Most people he said never take the issue to court after this stage to get that property back.
Dr. Gibbons said it was impossible for Government to prevent the transmission of satellite signals because the International Telecommunications Union has stated that the transmission of information is important.
He said that pornography was "a deviant form of education because children become what they see''.
Ultimately Dr. Gibbons said it was up to the Customs department, the Broadcast Commission and television and media outlets, to monitor all material.
In committee, Mr. Walter Lister , PLP special assistant for Management and Technology, said there were newer types of technology that were more amenable to bans because they were aimed at distinct areas.
Conversely there were older technologies that beamed their signals in a more general way.
To do this Government could negotiate with satellite owners and operators. The bill was then passed.