lea_ysaye: (annoyed - head goes bangbang)
( Aug. 4th, 2007 12:11 am)
From here, a reply from LJ Abuse to someone who inquired, if I understand it correctly:

The comment you are referring to is correct; the content does not meet the legal definition of child pornography. As other, more recent entries in the community explain, however, non-photographic content involving minors in sexual situations which does not contain serious artistic or literary merit is likely in violation of Federal obscenity laws, and is content LiveJournal has chosen not to host.


The standard for artistic merit is not whether a work simply has technical merit; it is whether there is serious artistic value that offsets the sexual nature of the content. A group consisting of members of LiveJournal's Abuse Prevention Team, LiveJournal employees, and Six Apart staff reviewed the content that was reported to us. This group decides whether material potentially in violation of this policy warrants consideration for serious artistic value. In this case, they clearly did not see serious artistic value in content that simply displayed graphic sexual acts involving minors.
(bolding mine)

I am sorry, but what the frack is that supposed to mean?! Who are these people to be allowed to judge what has artistic merit and what doesn't? (ETA: And how can "artistic merit" offset sexual context? If photographs of little naked girls are done "really well and with style" are these okay then, too? Sorry for being a bit polemic here...) And especially here, when the images in question clearly were created by someone who engages in fandom art. And as [livejournal.com profile] erestor is pointing out in a recent post, there are plenty of communities out there where members make misogynistic, racist and homophobic comments, to real people. If LJ would crack down on these, often well-known, places as hard as on this here, I might not object so much. But they don't. I rarely speak out against things I see on the net, because it's just fruitless, but this is not just anywhere, LJ is like home, as I said before. And if my or other's freedom of expression is not guaranteed, how are we supposed to feel on here, eh?

I will take a day or two to consider the matter, and I might not have another choice but to leave LJ. This is just...I have no words.
To see, well, not the other side, but have the legal aspects behind it explained to us, I guess we can agree, is a good thing. [livejournal.com profile] synecdochin tries this here, and it gives me a lot to think about, I have to say. I'll read it again and share more thoughts tomorrow, but I think I can already say: Despite everything, LJ seems to have trouble understanding, and sensibly implementing, the Miller test for obscenity. I haven't quite understood it either, yet, so for tonight I'll give it all a rest. ;)


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