There has been a lot of drama this past month.
A Disturbing Precedent: On May 11th, an organization called FSM-Hotline, sent a request to Pigtails in Paint’s service provider to have two pages removed from the site: ‘Stolen Dreams and the Japanese School’ and the ‘Dream Girls’ companion page. Since service providers tend to err on the side of caution and give themselves liberal discretion in interpreting the Terms of Service (TOS), they have directed us to clause prohibiting, “child pornography or content perceived to be child pornography”. The problem is that Pigtails’ mission is to work to alter those very misperceptions and yet we must somehow operate under these arbitrary standards. Nonetheless, to prevent being summarily shut down, we have complied with the request.
The Charge: According to the complaint, the pages contain material that are “potentially criminal” under German Criminal Code. FSM claims that German law enforcement concurs with their assessment, but the statement is ambiguous. It is also unfortunate that the service provider decided to respect a request from a watchdog organization rather than an appropriate law enforcement agency. Even law enforcement agencies have a tendency of misjudging situations (out of ignorance) and take actions that are later thrown out in court. The proper authority for making a removal request ought to be an agency belonging to the court system. Additionally, the request should be made from a U.S. agency, under whose law we are supposed to be operating. It is impractical to have to comply with the myriad laws that may vary from country to county. Issues of jurisdiction aside, an article quoting a real law expert in Germany seems to confirm that the ‘Stolen Dreams’ post is actually legal in that country and would not have precipitated legal proceedings.
The Organization: FSM-Hotline and its parent organization INHOPE are private charities and are being deceptive when they make such strongly-worded requests. Like many such organizations, they probably do submit reports to law enforcement but do not have any special standing with them. It is disconcerting that such a vigilante group should have this kind of sway on what is presented on the internet, given their highly-prejudiced standard that demonstrates less expertise than Pigtails in Paint itself. Any readers who want to protest FSM’s actions—accusing this site of hosting Child sexual abuse material (Child Pornography)—should do so by email and refer to unique report number 54892: [email protected]
Our Action: Ideally, we want visual materials to be available to the public so it can judged on an individual basis and not filtered by the biases of those who purport to represent the average person or a moral code. When time allows, a text-only version of the ‘Stolen Dreams’ post will be published with a paragraph explaining the situation. We will also be shopping for a new service provider who can be counted on not to cave in to such insubstantial and ill-informed pressure. Ideally, Pigtails should be formally sponsored by an established art or academic institution that would help allay any questions of legitimacy. If successful, we hope to republish the post intact at a later date. A PDF version of the post will be made available to prospective service providers and/or sponsors as needed.
Please help us resist these efforts to suppress legitimate material that allows our detractors to diminish our effectiveness bit by bit.
An Impending Conflagration: On May 23rd and 24th, a final hearing was held in the Isleworth Crown Court between Graham Ovenden and the Commissioner of Police of the Metropolis. The hearing was dedicated to making a final determination regarding the destruction of historical and art photographs and a number of graphic works created by the artist. The hearing was conducted by senior Judge McGregor-Johnson who was flanked by two others, Ms. S. McGregor and Mrs. A. Newmark. Barrister Robert Linford and Solicitor T.J. O’Callighan represented the appellant, graciously offering their services free of charge. The biggest objection at the proceedings was the simple fact that there is no legal grounds for judging artistic merit in a court of law. The judges also used common colloquialisms to describe images instead of using the more proper language of the “visually literate”. The issue of the relationship between words and pictures was also brought up and how they together create the context for judging a work. However, the lead judge’s verdict was to ignore such connections, regardless of historical or political relevance. As a result, many of the poetry broadsheets, which lent voice to children—expressing both their positive and negative experiences—are now to have their words posthumously obliterated from history. Surely the fact that this imagery might be considered distasteful by the tender-minded or sexually neurotic does not justify the indignity of these children being silenced. The decision to deem some pieces indecent and some not reached a point of absurdity. In some cases, one would have been hard-pressed to notice the difference between two examples when placed side by side. Nevertheless, the fact that the court should save any of the images slated for destruction is at least a partial triumph. Of the pieces deemed not indecent—none of which were created after 1987—were three from the Pierre Louÿs collection (27 are to be destroyed) and the bulk of the drawings and paintings produced by Ovenden himself.
Alabama is a Third-World Country: After a number of postponements, Chris Madaio’s trial to determine if he violated his parole conditions took place in Morgan County, Alabama. Unable to afford his own attorney, a public defender was assigned to him. The problem with public defenders is that they are usually overworked or have an understanding with the judge to just process people through the system, regardless of the merits of the case. Madaio discovered his lawyer was incompetent and decided to accept a plea bargain, getting a sentence of 14 months. The disturbing thing about the case was how obvious questions were not even asked like why the prosecution assumed he had access to the illegal materials in the storage unit, why others who clearly had access are not being charged and when those materials were placed there. The third question suggests the possibility that the defendant has been subjected to double jeopardy in this case. Madaio believes the court is going out of its way to make an example of him because he was a published photographer and wants to remind Americans that, “Freedom isn’t a right, it must be earned.”
Contact Form: For those of you wishing to reach the editorial staff by email, there is a new contact form on the ‘Contact Us’ page. You can reach us using that form or just leave a private message in the comments section of the appropriate post. If any readers find out-of-date email addresses printed on the site, please inform us so they can be updated.
RSS Feeds and Site Design: As we continue to experience growing pains, it has been necessary to add features that enhance our security and professionalism. Until the site is fully updated, there might be some rough edges here and there. For example, information on RSS Feeds had to be returned to one of the tabs at the top of the page. For the time being, this information can be found under the ‘About This Site’ page.
Context is Everything: Facebook is at it again. Images of nudity are being shared on social media, but because it is taken out of context, Facebook finds itself removing the images then replacing them when it learns the actual intent or backstory. Learn more in this BBC Trending article.
I Must Plead Ignorance: Although I pride myself on being well-read and knowledgeable, life is an ongoing learning process. One of the complaints about the final Ovenden hearing was the judges’ failure to use proper terminology in their descriptions. I find it annoying when the term vagina is used to refer to a woman’s external genitalia when anyone versed in anatomy knows it to be internal. I usually resort to more clinical or scientific terms in my descriptions, but I was surprised to learn of the word pudendum (more commonly used in the plural, pudenda), which can be used to refer to the superficial genital organs of a girl or woman.
I remember the Peruvian archaeologist Julio C Tello destroying all the erotic pottery he found in his excavations and thus protecting the moral image of that country.
>The Charge: According to the complaint, the pages contain material that are “potentially criminal” under German Criminal Code.<
Did your service provider know, it is criminal by German law to publish any kind of porn? Will they follow this law to? Ask them. Ask them, what law they will follow and what law not. Maybe they will change their mind.
First of all, let’s make this crystal clear. Despite what some might think, there is no porn on Pigtails in Paint. After initially sending our service provider a copy of the offending page, their reaction made it clear they would not want this material on their network. It is no longer a matter of legality. FSM-Hotline brought the issue to the provider’s attention and now they do not want it reinstated. The terms of the Terms of Service (TOS) are vague and gives them great latitude in denying us service. The same thing happened with WordPress except we got no warning; they simply shut down our site and left us in the cold. That is the nature of censorship. A company can shape public perception by simply refusing service to certain people. The long and short of it is they are not going to be persuaded by arguments about jurisdiction and legality. -Ron
Censorship is the worst beast; I advise a change in hosting to avoid issues in future!
Your suggestion goes without saying, but that is how the internet gets controlled and censored. Because of misinformed society standards, few carriers are willing to aggressively defend this form of legitimate expression. If you have any suggestions, I am all ears. -Ron