Hitman: Absolution, and The Boy Who Cried “Rape!”

Oh, boy. Here we go again. Another day, another moral guardian pops up to condemn a game. Except, here, we’re not even talking about an actual game – just a trailer for one. I heard about this through a Google News alert, which brought me to this article on Forbes.

The blogosphere has tried the Hitman: Absolution trailer and it has been found guilty. In it, a group of female assassin’s dressed as hyper-sexualized nuns are brutally murdered by the ultra-masculine 47. It’s juvenile, brutal, an affirmation of every problem that video games have with women and an affirmation of the worst aspects of our culture.

I’ve never played Hitman – I saw the movie, which largely sucked, and think I spent a post-Thanksgiving sloth watching our son try to get through a mission. I seem to recall falling asleep, though that may have been as much the turkey overdose  as the game.  But, ooh! “An affirmation of the worst aspects of our culture”! I wanna see! Oh, dammit: I’m on my lunch-break. Better wait till I get home.

But in the meantime, of what did “the blogosphere” find the trailer guilty? Let’s click on the link, shall we? Turns out “the blogosphere” is apparently a guy in Melbourne called Brendan Keogh. Not sure what his qualifications are. He’s “a Media and Communications PhD student”, which I personally read as “too lazy to get an actual job.” This conclusion is confirmed by the “Occupation” listed on his profile: “Writer. Gamer. Student. Barista.”  Maybe there wasn’t enough room for “Layabout.” Among his other blogs are Feathers, Cogs and Stars, where he “will be uploading original short stories and poetry roughly once a fortnight.” This lasted three entries before he gave up, though frankly, it’s no bad thing. If you can get through them, you’ve a better stomach for shitty writing than I.

I mention all this, so you know that blogosphere thing is clearly in great hands…

Keogh starts out a long explanation of how he wasn’t going to write about the trailer – is he paid for the word on his blog or something? -then, six paragraphs in, finally gets to the issue: “My problem with this trailer is precisely its sexuality, more specifically its conflation of sexuality with violence.” Okay, let’s talk about tha… Or not. For the writer then heads off into a long discussion of “rape culture” in the video game world, though the examples offered are mostly smack-talk from Gears of Warplayers, whose relevance to the specific case I thought he was discussing is dubious. Give teenage boys headsets and an Internet connection, and you’re somehow surprised they aren’t congratulating opponents on killing them?

I disagree with the whole “rape culture” thing. Those who accept it, see the world through rape-coloured glasses and the results of that vision are unsurprising: Keogh’s statement that, “Videogame culture reinforces rape culture when 99% of videogame protagonists are male.” That’s a statement so entirely filled with delicious wrong, I don’t even know where to start, not least that videogame protagonists are not real. They’re pixels on a screen, and ascribing gender to them in a meaningful way says more about Keogh’s confused view of reality than anything. That aside, 100% of, oh, NFL players are male too. Is that reinforcing rape culture too? Like I said: start seeing the world through rape-colored glasses, and suddenly, everything potentially becomes the “conflation of sexuality with violence” which he abhors.

Now, don’t forget, I still hadn’t actually seen the trailer. But by the time I’d finished Keogh’s piece, I was very keen to see this “rolling in the digital filth”, which left him “embarrassed and ashamed and disgusted to have any part in a videogame culture that produces work like this.” Man, it’s gotta be totally out there, filled with more sexual battery than an Abel Ferrara retrospective. So here you go.

YouTube Video

Well. That was underwhelming, wasn’t it?  It reached the end, I looked outside and, yep, civilization appears to be going on about its business. Dodged a (slo-mo) bullet there. Of course, unlike Keogh, I didn’t take the trailer seriously. To me, it was pretty clear that doing so would be a dumb mistake, right from the moment the killer nuns discarded their habits. This is not something that happens in real life, and from that point on, the clip ceased to have the slightest relevance at all to the universe in which I live. Maybe Melbourne is different in this regard, with packs of twisted sisters roaming the streets, launching RPG’s at random motels?

Could be, because this was the impact on Keogh: “It really upset me. Not just infuriated me, but upset me. I lost sleep over this last night.” Really? REALLY? REALLY? If that is truly the case – and it feels more like carefully manufactured outrage than a genuine reaction –  then someone needs to beg, borrow or steal a huge fucking dose of perspective. I saw a hardcore battle in which one bad-ass assassin took on an entire platoon of bad-ass enemies, who were clearly not popping round for a discussion, and prevailed over them. Once battle commenced, that was what mattered. And in support of this, it has been estimated the trailer contains, “Fewer than four seconds with the vaguest of hints of sexualization.” Oh, and I should point out, absolutely no rape whatsoever.

For those four seconds, I’ll defer to Penny Arcade in their assessment:

The cinematic ambitions of the Hitman games have always been prominently displayed on (or very near to) its sleeve; I watched the video to see what the deal was, and they’re playing around with their subtitle in a pulpy, grindhouse vein.  Robert Rodriguez through and through.  It’s fight choreography, and it may set an “erotic” stage but it quickly – and I mean quickly – gives way to a gruesome, life or death, septum obliterating struggle that might be hot for somebody but I suspect that’s a very specific demographic.  Only a necrophile could be titillated by something like this; by the end, it literally defies the viewer to maintain an erection.  As spank material, it leaves something to be desired; specifically, spank material.

That demolished, let’s go back and address Keogh’s earlier argument, that the trailer was… Sorry, what was his argument again? It was so long ago I’ve just about forgo… Ah, here we go: “”My problem with this trailer is precisely its sexuality, more specifically its conflation of sexuality with violence.” I’m not sure what he’s studying, but he appears to have majored in Missing The Point. Because that’s exactly where the “edge” here comes from: the uncomfortable feeling to be found in the juxtaposition of arguably the best and worst things about being human. It’s been that way for ever: I’m no gaming expert, but in cinematic terms, basically the entire girls with guns genre is based on skating the razor-edge of this tension.

The real crux here is not the simple equation suggested by Keogh of “sex + violence”. Even as a non-expert, I can list off any number of video games which have female characters, in costumes you wouldn’t wear to the supermarket, inflicting copious quantities of violence on (largely male) opponents. Next to no controversy have greeted these. The big difference here? The sexual, violent women here lose. It’s an interesting double-standard. Society nods its head at sexual, aggressive even aggressively sexual women…as long as they get what they want. But meet their fire with fire, as the Hitman literally does, and it’s unacceptable.

Is the trailer sexist? Quite probably. But it’s an advertisement for a series of games which, I’m pretty sure, are almost exclusively played by the male sex, from a male perspective, and can hardly be condemned for trying to appeal to the target audience. It’s not called Hitperson after all, and despite the trailer, is not likely to reach the nun demographic. There may be some hippy-dippy land where you can advertise a game about a serial killer character in a bland way, completely incapable of causing offensive in all possible interpretations, that will magically work. But in the real world, you have to grab the viewer’s attention, first and foremost, and on that scale, the trailer rates an absolute 10.

You may or may not buy the game. [By most accounts, it’s nothing like the trailer – which is a shame, I’d say] You may or may not like the trailer. You will remember it, and awareness of the product in question increases, the more the likes of Keogh whine about it. Mission accomplished, level completed. Brandon, you just got pwned like a n00b [as I believe the kids say], by the very people you’re complaining about

As usual, the moral guardians bleat about the wrong thing entirely. If there is a “problem” here – and I’m using quotes advisedly – it’s that the Hitman series encourages the player to identify with a mass murderer, and is far from alone in so doing. Never mind the “rape culture” bogeyman Keogh sees in video games, which requires the viewer to join the dots and make a picture of a penis, out of whatever might be on screen. If there’s an issue, it’s the “murder culture” far more all-pervasive in the genre (and in a pretty “ritualistic” or “fetishistic” way in this particular game) that should be of concern to those worried about such things. Which wouldn’t include me. But the implication of Keogh’s argument is that it would be ok to have the hero mow down dozens of women, as long as they were actual nuns, not sexy fake ones. Hmmm.

I did find interesting this statement, in the very article linked to by Keogh. “Rape culture is using the word “rape” to describe something that has been done to you other than a forced or coerced sex act.” Keogh uses the words “rape” or “raped” 46 times in his piece about an animated trailer for a video game. One which contains no actual sex acts of any kind done to anyone, let alone forced sex. Whoops.jpg. By this definition, the writer is actual part of the very “rape culture” problem he claims to be fighting.

One final irony: less than a week after his rant, Keogh wrote another piece, entitked Bite the bullet: videogames don’t make deadly shooters – however, in his universe, they apparently do make rapists. In that article he concludes, “Videogames are complicated things. No less than films. No less than novels. No less than any other form of media people engage with. It’s about time researchers acknowledged this instead of seeking easy, linear and lazy cause-and-effect models that insult the multitudes of people that play videogames.” Shame he was incapable of following his own advice on his own blog.

Google (not necessarily-so) Instant Search

If you use Google – and, let’s face it, who doesn’t – you’ll have noticed the new Google Instant feature. Previously, nothing would happen as you typed in your search terms, until you hit ‘Enter’. Then, you got the results. Now, if you have the feature enabled [and, personally, I’ve turned it off], as soon as you start typing, the rest of the page fills up with search results. So, if you were typing in “Trash City” say, here are the top results you get:

  • T – Target.com
  • Tr – Travelocity.com
  • Tra – Travelocity.com
  • Tras – The “Trash” entry on Wikipedia
  • Trash – The “Trash” entry on Wikipedia
  • Trash C – TrashCanCentral.com
  • Trash Ci – Ah, there we are! [Well, our bead store, anyway.]

However, there are quite a number of topics on which Google Instant Search refuses to express an opinion…

As 2600.com put it, “Somewhere within Google there exists a master list of “bad words” and evil concepts that Google Instant is programmed to not act upon, lest someone see something offensive in the instant results.” Here’s an obvious example. Type in “dog” with a space after it, and you get many helpful suggestions on naming your dog. But do the same thing with “bitch”. You go through Bank of America, Bing, Bittorrent and Bitcomet – but as soon as you type that H, Google Instant does the cyber-equivalent of screaming and running away.

I can kinda see the point. You’re looking for information on sextuplets, and three letters into your search, you’re heading off in an entirely different direction. Except, that one doesn’t actually work. You have to go from Sears, into the Sex and the City homepage and the Wikipedia article on sexting, before mercifully, you hit the U and can enjoy pieces on multiple bir… What? Where have the search results gone? Yep. Google remains dumb for “sextu” and “sextup” before finally kicking back in at “sextupl.” I guess it’s then clear what you’re looking for – y’know, as opposed to all the other words beginning “sextup”.

The obvious response was made by Google, that it’s “to protect the children” – the longtime rallying cry of irrational censorship advocates everywhere. Certainly, I imagine that typing rude words into the search engine is part of growing up, in the same way that looking them up in the dictionary used to be. But, really, after you type in v-a-g-i, where exactly does Google imagine you are going? And, of course, the results Google deem too horrific to show you in real time, are available at any point with a click of the enter button.

Some of the results are amusing. “Latino” is ok; “Latina” is not. Neither is “lesbian,” but “homosexual” is fine. Apparently this is not because the words themselves are bad, but what previous Google users typically follow them up with, leads to results deemed inappropriate for display to maiden aunts. This makes sense, albeit in a “thoroughly pointless” kind of way. However, some of the other cases of censorship are just completely baffling. Type in “rul” and Google has nothing to offer as an instant search, and I can’t imagine anything offensive that could follow it. I guess the owners of Google must have had a horrific experience at the Irish pub in Tempe I know, Rula Bula.

There are a lot of political and religious implications, and it’s interesting where Google draws the line.  It has nothing to offer if you type in “Catholics are” – but type in “Protestants are,” and they have a lot to say. Indeed, all the topics offered as auto-completions could be seen as offensive: Protestants are wrong, going to hell, heretics and not Christians, according to Google’s helpful suggestions. If those are deemed to be okay, I’m not sure what the “Catholics are” completions could be. “Black power” is okay. “White power,” however, is not.

Sometimes, it flat out contradicts itself. Type in “how to kil”, and the search results are there, Google helpfully suggesting at the top, “Did you mean how to kill”. However, add another l, and the search results vanish, as soon as Google realizes that, yes, you did mean “how to kill”. Even more bizarrely, type a space – going on with your original query, about how to kill time – everything returns to normal, the search results beginning with hints on getting rid of scorpions. Ah, so it’s just generic killing Google objects to. As long as you’re specific about it, no problem. And from what, exactly, are Google trying to protect a child who is typing “how to kill” in?

It’s so lame that it probably doesn’t even qualify as censorship, since you are no more than a click away from seeing all the results Google won’t show you. It’s just the equivalent of a momentary stab of parental disapproval, to remind you that you probably shouldn’t be typing that into the search engine, before Google relents and shows you all that stuff you were looking for anyway. Perhaps the most amusing thing is that, somewhere in its labyrinthine lair, they have an employee tasked with ensuring the world is kept safe from accidentally typing in the Japanese word for “hermaphrodite”…

Here are ten of my favorite terms that are blacklisted by Google Instant Search, and return no results:

  • futanari – just so you don’t accidentally type in the Japanese word for hermaphrodite. Never say this wasn’t a learning experience. The English word for hermaphrodite? Perfectly acceptable by Instant Search.
  • Phillip K Dick stories – “dick” appears to be the problem here. See also – or rather, don’t – “Dick van Dyke” or “Dick Barton.” Dick Cheney is okay though.
  • Pamela Anderson – merely the most-downloaded celebrity on the Internet, but as far as Instant Search is concerned, she doesn’t exist.
  • Twinkie – Add Hostess Snack Cakes to the list of those who have offended the almighty Google. Yes, I know there is another meaning of the term, but is it actually more prevalent than the creme-filled confection?
  • hooker – escort is also blocked. Curiously, “prostitute” is just fine, as is the considerably-less PC “whore.”
  • women rapping – “men rapping” is fine. On the other hand…
  • men wrapping – “women wrapping” is fine. The only thing I can think of, is that Google is protecting the really. really bad child spellers of the world from themselves.
  • Smells Like Teen Spirit – speaking of music, one of the classic songs of the 90’s is blacklisted. Contrast Wikipedia, where “Smells” is enough to get the song to the top of the list. Mind you, Instant Search blacklists pretty much “teen” anything, though I’m surprised “spirit” is covered.
  • Octopussy – yeah, it wasn’t a very good James Bond film, but still…
  • Google suc – wonder what they’re thinking people are looking for here?

Feel free to check out the entire blacklist discovered so far. NFSW due to language – well, duh

Have I Got ____ For ___ – The [Censored] Tapes

You probably know Have I Got News For You, the satirical news quiz that pits Ian Hislop, Paul Merton and celebrity guests against each other in a light-hearted battle of wit and irony. The following purports to be a transcript of the sections removed from an episode, when the guests included Jimmy Saville, and things got more than usually out of hand. It is entirely possible that it is a complete fabrication, and I make absolutely no claims as to the validity of the following – but even if it’s a complete fabrication, it is extremely funny.

Or rather, it was. Demon refused to let me publish the full version – what follows is edited, and approved by them. If you want to see the reasons why this is the only version I’m allowed to publish, here are the details.


Series 17, Show 7

Recorded 27/5/99 for transmission on 28/5/99
Guests: Sir James Saville OBE, Diane Abbott MP
Prog No: 06/HGT/SW76Q
Running time: 102'46'03 (Edited to 28'54)
Producer: Giles Pilbrow
Hat Trick 1999

Here are some extracts from an unedited Have I Got News For You rushes
tape. (The cut dialogue is isolated by square brackets and printed in
bold.)

Out-take 1: 02’45
Following a discussion about the England rugby boss taking cocaine:

MERTON
It wouldn’t be so bad if News Of The World, News International, if they actually paid any tax in this country – they haven’t paid any tax since about 1983. So that would be alright, you could say ‘Well, y’know, OK, they can have a go at the royals, they can have a go at anybody’. But they, y’know, they owe us billions of pounds in tax. You could have built hospitals with that. Or given it to me. (Audience applauds)

DEAYTON
I assume the applause was for the hospitals, not giving it to Paul. (Audience laughs)

[MERTON
There you go – that’s me reading Ian’s bits on the autocue. That’s post-modern for you. Hospitals? Yeah, like I give a fuck. (Huge audience laugh)

SAVILLE
The ______ of the ________ – what’s his name?

HISLOP
________.

SAVILLE
That’s right. Very nice man.

HISLOP
Mmm. ________________________________ (____ ______ _______ _____; Audience giggles)

DEAYTON
I feel the word ‘allegedly’ homing into view…

HISLOP
Yes. And I feel the phrase ‘________ __ _ ___ ___ ______’ homing into view. (Pause) Sorry, I’m just looking at our lawyer in the front row. (Waves at lawyer) Hello! (Audience laughs)

DEAYTON
Have you ever taken drugs, Jimmy?

SAVILLE
Well…

HISLOP
You can tell us. ________ and you are like that.
]

SAVILLE
I have a drugs record. (Uncertain pause)

HISLOP
Do you?

SAVILLE
Mm.

HISLOP
And do you play it a lot? (Audience laugh)

SAVILLE
212 marathons and I’ve never been tested once.

[HISLOP
Good god. You and ________ both.

SAVILLE
Ah, but he never ran the marathon…

HISLOP
Oh right…

MERTON
Yes he did. He used to go dressed as a ___ ___ ______. (Audience laughs)

HISLOP
Oh yes, I remember now…

MERTON
It made a change from a giant chicken, so he said. The judge gave him five years (Pause) I don’t know what I’m talking about. I’ve done 212 of these shows and I’ve never been tested once.

HISLOP
(To Saville) So they’ve never tested you?

SAVILLE
Yeah.
] And I say, what’s wrong with me, why can’t you test me? And he said ‘Because you come in last, so…’. (Audience laugh)


Out-take 2: 04’17
Following a discussion about Sun editor David Yelland’s decision to publish topless pictures of Sophie Rhys Jones:

 

SAVILLE
It’s well out of order.

HISLOP
Indeed. And it’s Mr Murdoch again.

SAVILLE
Yes. How would he like to see his, er, er, secret lover naked in someone else’s paper?

HISLOP
If anyone’s got any pictures, do drop them…in…

[MERTON
____ ___ ____.

DEAYTON
Well, you’ll have to share them with us next time, Paul…

MERTON
I will. It could be an entirely new game. ________________________

DEAYTON
Are you _______ __ _________ _______ _______ into question?

MERTON
Not at all. __________________

DEAYTON
We look forward to it.

MERTON
I don’t. ________________ (Smattering of audience applause)

DEAYTON
But The Sun have apologised, of course…
]


Out-take 3: 09’36
During the headline round:

 

DEAYTON
You used to be a wrestler didn’t you?

SAVILLE
I still am.

DEAYTON
Are you?

SAVILLE
___ ______ __ _____ ______ ______ __ ___ _______. (Audience laugh)

DEAYTON
Yeah, I’ve heard about that.

SAVILLE
What have you heard?

DEAYTON
I’ve…

MERTON
____________________________ (Huge audience laugh; Awkward pause)

SAVILLE
____________________________

MERTON
____________________________ (Audience laughs)

HISLOP
Weren’t you leaving money in phone boxes or something? (Saville glares at him) Or have I got completely the wrong end of the…

SAVILLE
(To Deayton, heavily) The question you asked was about wrestling.

DEAYTON
Yes. And then you mentioned ______ _______. I don’t know whe…

SAVILLE
Well I understood this was a comedy programme. I realise now how wrong I was. (Audience laugh)

DEAYTON
So were you a professional wrestler?

SAVILLE
Yes I was.

DEAYTON
(To audience) Glad we got that cleared up. (Pulls face; audience giggles)

HISLOP
______ __ _____ ______ _____ __ ___ _______…

SAVILLE
That’s right.

MERTON
_________________________ (Huge audience laugh)

DEAYTON
Erm…

HISLOP
You’re on top form tonight, Paul…

SAVILLE
(Strangely) I’m…this is not what I…

FLOOR MANAGER (OOV)
OK, do you…[inaudible section]…shall we, for pick-ups…

MERTON
I’m terribly sorry. I don’t know what came over me.

SAVILLE
_______________________ (Shocked audience laugh)

MERTON
Oh, it’s nice to see you joining in. We’d been waiting for you, _____________. (Audience appears to do double-take)

DEAYTON
I think we…d-d-you you want to apologise to our guest, Paul?

MERTON
Sorry, I do apologise. ________________________________ (Audience unrest)

HISLOP
Sorry, I’m just looking at our lawyer again. (Waves) Hello! (Audience laughs)

DEAYTON
Shall we get back on course with this, or sha…

SAVILLE
_______________________________________

MERTON
_______________________________________ (Audience laughs)

FLOOR MANAGER (OOV):
Come on…I’m getting an ear-bashing here. It’s…

MERTON
Oh they want to continue. Sorry, I’ll contain myself. Carry on…

DEAYTON
Right (Pause) You used to be a professional wrestler didn’t you? (Huge audience laugh)

SAVILLE
(Calmly) I did.
]

DEAYTON
You didn’t have a nickname or anything?

SAVILLE
Yes – ‘Loser’. (Audience laughs)


Out-take 4: 21’20Following a discussion about caravans:

 

DEAYTON
Last month, Roger Moore sold his luxury caravan in Malta. [Asked by the…

MERTON
I visited your caravan the other week, Jimmy.

SAVILLE
Did you really?

MERTON
Oh yes. ______________________________ (Audience laugh)

HISLOP
He just told you, it was twelve years ago…

SAVILLE
No, I lived in it for twelve years.

MERTON
_____________________________ (Audience laugh)

DEAYTON
Here we go again…I’ll be backstage if anyone wants me.

MERTON
_____________________________ (Audience laugh)

SAVILLE
_____________________________

HISLOP
Not even Sarah Cornley?

SAVILLE
She was an exception.

DEAYTON
Who’s Sarah Cornley?

SAVILLE
Sarah Cornley is…

HISLOP
About fifteen grand in damages, wasn’t she? (Uncertain audience laugh)

SAVILLE
That’s right.

HISLOP
_____________________________

SAVILLE
You’d be very wrong. (Pause) _______________________ (Audience unease)

MERTON
_____________________________

SAVILLE
Chrome-plated SC-700 sun-visors, these are. Sent to me by…

MERTON
_____________________________

HISLOP
(To lawyer again) Hello! (Audience laughs)

MERTON
_____________________________

DEAYTON
(Visibly out of character) Do you wanna stop, or…?

MERTON
_____________________________

SAVILLE
_____________________________

MERTON
_____________________________

FLOOR MANAGER
(OOV) …About five minutes, just to… (Phil Davey enters)

PHIL DAVEY
OK, well top that as they say. You’re looking troubled by that, aren’t you mate? I tell you, I came back from Amsterdam recently…

[RECORDING PLACED ON STAND-BY; CUTS BACK TO CLOSE-UP OF DEAYTON AWAITING HIS CUE]

DEAYTON
OK. Second time lucky. (Pause) Last month, Roger Moore sold his luxury caravan in Malta.
] Asked by the New York Times about his relaxed acting style…

How I managed to piss off Jimmy Saville…or possibly Paul Merton

Devil: My job is to ensure standards of television programmes continue to spiral downwards. Chat-shows, game-shows, soap-operas — anything I can do to guarantee their continual awfulness.
[SIGNS PAPER]
Condemned Soul: What was that?
Devil: Just commissioned another 25 years of Jim’ll Fix It.
Condemned Soul: Oh, good. I like Jimmy Saville – he’s very good with children.

TV Hell introduction, 31st August 1992

The significance of the above will become clear in due course. But first, let me take you on a journey, which began one Friday evening when the very site you are reading, ceased to exist. Permission denied, it said. This being my own site, it seemed a little strange, to say the least. But logging in, I found the following email had been sent to postmaster:

From: _____@demon.net
Cc: legalnotice@demon.net
Subject: www.trshcity.demon.co.uk…
Date: Thu, 28 Sep 2000

Please note: The contents of this email may be legally privileged. They should not be copied or disseminated within or outside Thus Plc without prior authorisation from Legal Services. The recipient of this email may reply to Legal Services but should not cc other addressees.
___________________________________________________
Dear sir,

We have received an allegation that you have material on your website
http://www.trshcity.demon.co.uk/ARTICLES/NEWSFORU.HTM
which our external solicitors believe to bear defamatory meaning and as such we have had to suspend access to your webpages.

The part in question is the transcript.

We cannot and do not make any judgement as to whether such material is defensible. However, the state of the law at the moment means that if we are put on notice that defamatory material is being published through our systems, Thus plc may be liable for damages, along with you, if it does not take action to prevent that material being published. Those damages could be substantial and we could both incur heavy legal expenses.

In addition, the current state of the law could leave Thus plc liable if it failed to take action and you disseminated any further material through our systems which was later found to be defamatory. While we do not necessarily agree with the current legal position we must accept it, and have therefore suspended access to your website.

Please reply to this email acknowledging that you understand the problem, that you have removed the material from your website and that you will not, in future, publish further material which could be considered defamatory of various (named) celebrities through Demon’s systems.

We attach below a suggested form of acknowledgement for your convenience.

ACKNOWLEDGEMENT OF RECEIPT

I acknowledge receipt of your email and confirm that I understand your explanation of the legal situation regarding material which is considered defamatory.

I confirm that I have removed the material from my website. I will not publish such material in future using my Demon service, and will not publish further material which could be considered defamatory of the celebrities which have been named on the site.

I look forward to hearing from you.
_______________
Paralegal
Thus Plc

The piece in question was a transcript of alleged outtakes from an edition of Have I Got News For You featuring Paul Merton and Jimmy Saville. This had been sent to me by a friend, and I’d posted it on the site, simply because I’d thought it was funny. I even added a disclaimer saying that I had no idea whether it was accurate, but this was no defence in the eyes of Demon.

To get my web-site restored, I removed the piece, and sent the form they requested back, and in due course, www.trshcity.demon.co.uk returned to service. However, I remained a more than a little peeved that Demon would pull the site and, in effect, pronounce me guilty, not only until proven innocent, but without even giving me any chance to prove my innocence. I wrote, pointing this out. Their reply follows.

Currently the situation regarding defamation in the UK is such that ISPs are liable for content held on its servers as soon as it is put on notice of such content and failure to remove that material could end up with us being sued as well as you.

As an ISP, the Defamation Act requires us to act responsibly by (a) removing the material from our servers and (b) making sure that similar material cannot not be published in the future. This requires us, in your case (having received a complaint), to notify you of this situation and seek some kind of acknowledgement regarding future
material, and also to remove the material from our servers, which is achieved by temporarily suspending your web site.

We do not take these decisions lightly and refer all cases to external solicitors (at cost to us) for a decision about whether the material bears a defamatory meaning.

We do not wish to make any judgement as to whether the material in question is indeed defamatory. We are in no position to make this decision ourselves, this is up to a Court to decide.

You may have heard of the Godfrey -v- Demon Internet case where Demon Internet were taken court over defamatory material held on its servers.

We would also like to have more information as to the precise nature of the alleged defamation. It is clearly wrong to claim that every single word in the transcript is defamatory, and without full details of the accusations being made against us, we are unable to accept that they are justified. We thus request details of the specific complaints received by you.

Our solicitors felt that most of the web page could be considered to bear defamatory meaning. Specifically, they felt that it was defamatory of Phil Hall, David Yelland, Jimmy Saville, Paul Merton and possibly Angus Deayton and Ian Hislop too.

With regard to the article, we would still like to publish it, and want to work with you in order to achieve this. We therefore offer the following possibilities for discussion, with the aim of hopefully reaching agreement on the matter.

1) The article already contains a disclaimer which states that we “make absolutely no claims as to the validity of the following”. This could be made more prominent and/or reworded.

I do not believe that this would make any difference if the material was found by a court to be defamatory. You should seek further legal advice regarding this.

2) If we are given details of the parts found offensive, they could be > removed from the piece.

We would suggest that you seek legal advice based on my comments above.

3) We can move the transcript from Demon to another server, and make the link on our site point to it there.

Unfortunately, this could also be considered defamatory as it still causes in effect, the publication of the defamatory material through your Demon service, even if it is hosted elsewhere.

But when looked into further, this seemed very debatable to me. The interconnectedness of the Net means that, if linking to a defamatory site is itself just as defamatory, then any one defamation renders virtually the entire Internet guilty! This is clearly nonsense, and indeed, Section 1(3) of the 1996 Defamation Act states that, “a person shall not be considered the author, editor or publisher of a statement if he is only involved…(e) as the operator of or provider of access to a communications system by means of which the statement is transmitted, or made available, by a person over whom he has no effective control.

As a result, in the case of Godfrey vs. Demon to which they referred, Justice Morland said “In my judgment the defendants were clearly not the publisher of the posting and incontrovertibly can avail themselves of Section 1(1)(a)”, relieving Demon of liability. As far as I could see, what caused Justice Morland to find against Demon, was their failure to take action after being notified of the alleged defamation. If the material in question hadn’t been held on their servers at all, it was hard to see how Demon could have been found liable for it.

So, while I could conceivably be sued, Demon would be perfectly safe. However, the chances of any suit were, I reckon, very slim: I doubt the people who read the piece here numbered more than a few hundred at most, as opposed to the millions who would find out about it during a court case. Far better just to send out some threatening letters, try and suppress it all quietly, and hope it goes away. In this light, it’s also interesting to note Demon’s unwillingness to tell me who had complained – I have a pretty good idea though, and I doubt very much it was Angus Deayton.

In this case, however, it backfired – their actions fired up my interest in a piece I’d otherwise have quickly forgotten about, and I started looking on the Net. First thing I found was, that if someone had been trying to suppress it, they’d been doing a pretty poor job. My very first search engine query, the very first page, and I was there, staring at the whole thing. Not just once, but five separate copies of it. They used to say that the Internet treats censorship as damage, and routes around it – I was beginning to understand the truth of that statement.

Picking around the sides of these, I did find a couple of interesting sites. One site said responsibility had been claimed by Some of the Corpses are Amusing, but I could find no actual evidence thereof. There was one piece in the Guardian about the transcript, citing un-named “sources” as saying it was a hoax – un-named equals no reliance in my book (the Guardian also had a very interesting interview with Saville). But there was absolutely no trace of, for example, Paul Merton saying, “it’s a hoax”, which would have nailed things shut, once and for all.

All the while, I continued, sporadically, to debate the possibilities with Demon, and work towards an edited version of the transcript. I can feel some sympathy for them, and I have to say they were friendly and polite, explaining the reasons for their qualms. But they were obviously erring strongly on the side of caution and even wanted material removed that was part of the broadcast! We finally came to an agreement, and the edited version may be found here. It’s not very funny though…

It’s hard to come to a compromise when they keep saying “Nyet”: if I’m not allowed to link to it, can I perhaps give people instructions on how they can find it? No, because of Hird v Wood in 1894 – the relevance of that in the Internet era is somewhat arguable. There was something deeply ironic about Demon defending the honour of TV presenters against totally unwarranted accusations of paedophilia, while their servers carried the likes of alt.binaries.pictures.erotica.children.

Almost as interesting as the veracity or otherwise of the transcript, is looking into who would be behind a hoax, if such it actually is. A leading suspect must be Chris Morris, of Brass Eye fame – he announced Saville’s death on his radio show once, and got into a bit of bother for it. I’ve no idea whether the resulting law-suit was ever settled, but it does at least give Morris a motive, and his surreally excessive style of comedy would fit the transcript.

But there are perhaps two other candidates: the people in the sketch at the top of this piece, which I stumbled across in my tape collection only a few months ago. Who were these reprobates, expressing such a clear dislike for Jimmy Saville, seven years before all this allegedly happened? None other than Angus Deayton and Paul Merton…

[Here is the Demon approved, expurgated version]

Porn Free

The BBFC have had a busy couple of weeks; not only have they released their new guidelines for R18 videos – which basically legalise hard-core pornography in this country – they announced changes to the way all films would be classified, as a result of consultation and research. The basic summary is fewer restrictions on films for adults i.e. with an ’18’ certificate, but tighter regulation on those available to be seen by children. These two combine to make what is perhaps the biggest shake-up in British censorship since the Video Recordings Act and could usher in a new, glorious dawn of freedom…

Or maybe not… It will be interesting to see how this works in practice. For example, although ’18’-rated films are now expected to be “only rarely” cut, the policy on video is still dictated to by the notion that videos may be seen by younger viewers. So we are still likely to have atrocities like Eraser imposed on us, where responsible adults, and those living in homes without children have to suffer cuts because of the failures of a small group of parents.

The full details of the research carried out by the BBFC are available through their web-site: they combined a national survey with smaller “juries” who were asked for their views in more details. I’ve picked out a few elements of particular note:

“About half the national sample agreed that violence in films might make people behave more violently in real life… The same statement was put to participants before and after the jury. As part of the process, they heard from witnesses involved in researching the effects of screen violence, and this seems to have made them much more doubtful about the simple cause and effect proposition. Agreement fell from half the jury beforehand to less than one in five afterwards.” The implication is that the “gut-feeling” people have that media violence leads to real violence, doesn’t stand up in the face of the actual facts.

“Almost half the national and postal samples agreed with the statement that people over 18 have a right to see graphic, real sex in films and videos. Internet respondents were much more strongly behind the proposition.” Indeed, 89% of us agreed, probably because we can see graphic, real sex on the Internet any time we want. But generally, Net respondents were much more liberal — only 7%, as opposed to 46% gave credence to the “imitative violence” statement. Some might say this is due to the fact that the technical feat of getting onto the Net filters out the dumber members of society…

“Approaching half of all three survey samples agreed that violence becomes more acceptable if it is humorous or in a historic/fantastic setting.” Actually, this is something that has always bothered me a bit; A-Team style violence without consequences would seem to me to be potentially more damaging, since it could cause people to downplay the real effects of violence. Obviously, there’s a point beyond which it becomes gloriously Tom & Jerry, but it’s always the nasty, brutal, realistic violence which the BBFC seems to cut.

“Respondents were asked to think of the different categories of film…and indicate for each level how offensive they found specific elements… Drug portrayal consistently [caused] the most offence and nudity the least.” As a result of this, there is the perhaps surprising recommendation that “natural nudity, providing there is no sexual context or sub-text, is acceptable at all classification levels.” A return to the days of naturists playing volleyball may be expected as a result…

“The BBFC recognises that audiences pay to see horror films because they like being frightened. The board does not cut films simply because they alarm or shock. Instead, it classifies them to ensure the young and vulnerable are protected.” Those are my italics – it’s good to see that the culture of doublethink promoted under Ferman, including the name change from “…Film Censors” to “…Film Classification”, is still alive and well. Try telling that to the distributors of Last House on the Left, recently refused any kind of certificate.

The BBFC attempt to portray the changes to the R18 category as a small loop-hole, since they are a tiny fraction of the tapes certified, and are “only” available through licenced sex-shops. However, what they forgot to mention – accidentally I’m sure – is that HM Customs and Excise have now been ordered to follow the same guidelines and so anyone with a credit card can import, not just the films which have been R18-passed here, but any of similar content. Previous attempt at liberalisation have been foiled by Customs bleating to Jack Straw that the BBFC were passing stuff which they would seize on import. No more, as the following news-group post shows:

Today I received a package from Customs HQ containing a DVD. The DVD contains graphic scenes of sex, including erections, masturbation, intercourse, group sex, oral sex, anal sex, double penetration, ejaculations on the body and in the mouth. Here is an extract from the covering letter:

‘I refer to our various conversations following your letter to Customs at Dover Postal Depot concerning the seizure of a DVD entitled “Pyramid”… The case was referred to me to enable you to view the DVD… However, after considering the impact of recent developments concerning the domestic distribution of material depicting consensual sexual activity between adults we have now revised our guidelines for the assessment of such material. We no longer consider material depicting consensual sexual activity between adults to fall within the scope of the import prohibition on obscene articles. I am therefore releasing the DVD to you…’

Hang out the bunting, pop the champagne, and get your credit cards ready for action. Britain has finally hit the 20th century. It’s still bizarre that sex shops are not allowed to supply R18 videos by mail-order, but you can buy and import them perfectly legally from the comfort of your own home, if you do it from abroad. I suspect that this prohibition will not remain in force for long — I think the first challenge to it as an unreasonable restraint of trade, giving foreign suppliers an unfair advantage over British ones, and it’ll come tumbling down too. Will the last remnant of the Empire collapse into anarchy and chaos as a result? Who cares – I won’t be around to see it!

For it is, of course, deeply ironic that all this happens two months before I leave the country for good, particularly since likely Presidential coupling Gore and Lieberman have made complaining about media violence a plank of their campaign platform — but what else would you expect from the husband of the notorious Tipper Gore? So I wonder how long it’ll be before I’ll need to start importing uncut versions of films from Britain into America…