UPDATE

Aug 03, 2007 13:13

Okay, I just got this email from Abuse:

Dear LiveJournal user femmequixotic,

We have recently received reports regarding two of the entries present in your community, "pornish_pixies". These entries both included drawings of minors engaged in sexual activity and are in violation of our policies. It is our policy to remove such content when it is reported to us; due to the severity of the violation, individuals who post such content risk permanent suspension.

At this time, we are not taking any action against your community. We suggest that you closely monitor your community for any graphic or sexually explicit drawings of minors, as such content may be in violation of our policies.

Regards,
Scott
LiveJournal Abuse Prevention Team

As of right now for the protection of all writers and artists on this community, we're locking pornish_pixies down. As of Monday I will open the comm to moderated membership and watchers over 18 may apply to join. I will also put up a post in which you make an age statement in a comment, and ages will be checked in userinfo, so if you apply for membership, you will need to have your age listed. I will be asking for volunteers to help me check that next week as we have over 5,000 watchers. Authors and artists will be given posting access by the beginning of next week.

In addition, ANY ARTIST OR AUTHOR WHO HAS POSTED TO PORNISH, PLEASE LOCK YOUR FIC OR ART. I cannot lock old fic retroactively, though all fic will be locked from now on. If fic does not get locked, my only other option will be to delete the entry.

Sorry about this, you guys...I want to protect the people who post to this comm and with people getting permanently suspended for posting to pornish_pixies, I feel that there's no other choice than to lock things down.

ETA: titti has looked up the law regarding children, pornography and art.
Title 18, Part 1, Chapter 71, Section 1466A: Obscene visual representation of the sexual abuse of children.

The language in the law is pretty clear as to what is or isn't acceptable according to U.S. law in regards to visual representations of sexual acts involving minors. However, we do not have a definition of obscene. We suggest strongly that if you post art you explicitly state that the characters in the artwork are over the age of 18.

This will not make it automatically legal, but it makes it a lot easier to defend.

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