It's time to sit back, relax, and discuss dA policy over some delicious coffee and pie!
Previous Issues-
Issue 1In the last issue we briefly covering mature content on dA; how to credit stock images; what constitutes as "trace-art"; what is and isn't allowed on deviantART concerning bodily fluids, mature content, governmental laws, cruelty and self harm. At the end, you were left with the following Open Discussion: "Now that you've been well versed on some of dA's policy, what do you think about it? Do you think anything should be added or taken away? What do you agree with and disagree with?"

=
Lone-Wolf-No-More brought up an interesting topic about the usage of emoticons and bodily fluids. This is an interesting view point and grey line here on deviantART. Should emoticons be allowed when they portray images peeing, pooping, or having sex?
[link]
~
JPCespedes cleared up some points concerning animal cruelty and bullfighting.
[link]
~
ChewedKandi began a discussion regarding erect penis depictions being banned v. hard nipples.
[link]Issue 2 will cover in more detail about mature content and child pornography on deviantART. For some, you may see this as a very black and white subject. However, it is important to verse yourself on deviantART's guidelines and rules. There are some things that may surprise and interest you.
I have not come across any child pornography during my stay on dA, thank God, but I have heard that sometimes it does get under the radar. This problem is quite understandable since the site is so massive. As you all may know, I feel very strongly against pornography being uploaded on dA. I talk about it a lot in my journals, but there are different types of pornography that you may not know much about or much about dA's policy regarding it.
Produced by teens, for teens - In the many subcultures of fan art and fan fiction there are countless amounts of teenagers. The plain truth is, deviantART goes by United States governmental laws. In the United States all people 18 years and younger are considered minors. It is illegal for minors to view, own, or be in any type of pornography. Even if a sixteen year old draws a pornographic depiction of cartoon characters (or otherwise), takes pictures of themselves in a sexual manner, or write any sort of erotica. None of this is allowed to be posted on dA as a deviation or in deviant's journals.
Produced by adults, with fictional teenagers - There was a big stink about this with many Kim Possible fan artists just a few weeks ago. It is absolutely, positively illegal to produce and post images, stories, or anything else as a deviation or journal entry if it depicts a minor
(even if they're fictional like Harry Potter, some anime characters, or Kim Possible characters) in any sort of sexual scenario. This type of work is intolerable.
The following is quoted from dA's FAQ on what is
not allowed on dA.
FAQ #249: What is the policy concerning images depicting minors?"1. Minors depicted without clothing, front view, back view, or side view, with genitalia and/or breasts visible or not.
2. Minors depicted in under garments or lingerie.
3. Minors depicted in an S&M or Bondage situation.
4. Minors depicted in a sexual or 'alluring' pose (dressed or undressed).
5. Minors in the possession of adult sexual toys. Please keep in mind that dA does not allow depiction or photography of sex toys underage model or not.
6. No use of: transparent clothes, blurring of nude areas, or the use of blots or Censored wording or props to cover areas that are otherwise not clothed.
7. Gender that is questionable on an image with an exposed chest will be removed from the gallery at the discretion of the reviewing administrator
8. No Child Nudity: Images of children or characters resembling children (including teens, pre adolescent, child like fairies and other imaginary figures) resembling, or stongly resembling, under 18 years of age displayed in erotic, seductive, provocative poses or context.
9. No depictions of fictional young humanoid characters/children giving the appearance of being under the age of 18 displayed in erotic, seductive, provocative poses or context.
10. Since age is difficult to identify with 3D modeled images and certain art styles (such as Anime), this will be at the discretion of the reviewing administrator.
11. Babies in diapers will be allowed. Toddlers and younger children may be held to the restrictions stated above as judged on a case-by-case basis.
12. Fictional underage characters taken from popular television series, movies, or other sources portrayed as an "adult" in order to utilize one of these prohibited themes will be subjected to close scrutiny by staff. Such claims will be considered void in any case where the staff deems that significant and telling changes of the original underage character design were not attempted or that such efforts were inadequate."FAQ #696: How does deviantART comply with COPPA?COPPA is the Children's Online Privacy Protection Act which deviantART abides. I can't really discuss or explain it as well as =
IBinsanity does in her recent news article:
Internet Safety Of Minors: COPPA and Wikisposure. He writes:
"To summarise COPPA in brief, websites cannot be specifically marketed to children under the age of 13, and users under the age of 13 must have parental consent and supervision to disclose personal information. This legislation has been applied in several lawsuits, including a suit resulting in a website (Xanga) being fined USD $1 million for repeatedly allowing children under the age of 13 to register without parental consent."FAQ #250: The laws of my country differ from those of the United States- which ones apply?FAQ #60: Do you allow "Adult", explicit sexual or pornographic content on deviantART?FAQ #23: What are deviantART's policies on nudity?FAQ #565: You prohibit the submission of 'pornographic material'; what do you consider this to be?FAQ #305: Is posting 'Adult' oriented artwork alright if I censor it first?FAQ #251: Why was my erotic literature removed?FAQ #248: What is the policy concerning nude or erotic fan art?FAQ #220: What is Mature Content?"I've found something against dA's rules, how do I report it? - FAQ #238: How do I report people for abuse, harassment, or another issue I may think is a violation? There are a variety of ways you can go about reporting abusive deviations OR journals here on dA that break the rules.
1. "Report Policy Violation" link On every deviation there is a report policy violation link to the right of the artist's comments. If you find a policy violation click this link, it will led you to a very simple form to fill out. You will be asked Type of Violation (click "Nudity or Pornography"), URL (this is only for copyright violations, so you can ignore it if you're reporting pornography violations), and last the staff asks for you to give as much commentary and detail as possible. Usually, you can just quote dA policy, warn against the rest of the gallery being a violation, quote the artist's comments, or a variety of other things to show that this is a direct policy violation.
2. Report it to the Help Desk Visit the
Help Desk submit your report as a "ban inquiry" and write out your report in the comment box. (Make sure to preview it before sending it.)
3. Directly reporting to the gallery director. As a
last resort you can note the gallery director over the gallery that the policy violation is in.
FAQ #18: Who selects the Daily Deviation and how is it chosen?Features
Open Discussion What steps do you plan to do to fight against child pornography on dA? Are there any deviantART rules you disagree with concerning this topic?
Devious Comments
--
~~ Sacred Dreams Custom Beadwork
~~ The Fibro Diaries
I believe we as a community are all responsible for protecting our children. If we all take an active roll when we see things that are not appropriate and report it things will be better off. We are the eyes and ears of DA.
I have a problem with some of the parents letting their 10 to 12 year old come on the site because they are members. I know the parents probably monitor their children closely but there still is content that gets through and this is quiet a 16+ site.
I have come by some nudes that I swore have been under 18 but the photographer has claimed that the subject was 18. When these issues come up where there seems to be a smudge of doubt I think it should be taken down.
--
Life is an adventure in forgiveness.
--
Brother: ~great-teacher-yota
Friends: ~zaradei ~LeaDe ~Sakuragi-SD ~Lucanis *robertsloan2 ~Valerian32
Clubs: *Prismacolorists ~chile- ~pro-life
--
SMACKABITCH: It prevents Drama :B - =IBinsanity
I
note and viewpoints, opinions:
i gotta say that the kim possible "fan-art" of nude or sexual stuff was rather umm much... (im very openminded (and hardcore Freespeech )
but dude.. there can only be so much of one thing before its old , and annoying especially when you're just browsing out general fan-art or comic character's and get inundated with adult/non adult Kim in variety of explicit pose's ...)
Now ... if we could just get this b.s signature tutorials better filtered.. the world will be a better devArt place
...besides if people don't follow the rules for the site.. the dA gods themselves could smote thee , and eliminate a lot from here
soo
also side note-- emoticon's??? c'mon thats a weee bit much
its an emoticon , i havent personally seen one an emoticon that was offensive - seriously.. there is such a thing as tooo PC (politically correct).. they're emoticons for a reason and they're tiny lil animations in some cases , as for the pee'ing thing.. we really must thank lil Calvin and Hobbe's for that.. lol.. though i see some humor in it..
you dont actually see the mechanics of whats happening just the end result..
a stream of liquid that appears to be coming from the emoticon , with the emoticon's back to you ... nothing immorally depicted than what some may see at a summer camp , or if they're stranded on the side of a roadway with no facilities in a good distance ..or availablity..
--
"They can be a great people Kal-El. They wish to be. They only lack the light to show the way. For this reason above all their capacity for good, I sent them you... my only son " Jor-el
With Great Power, Comes Great responsibility ~Stan Lee
Given a depiction of a minor, photographic or otherwise, nude or clothed, consider the following questions:
* Is the minor subject engaged in any sexual activity?
* Is the minor subject portrayed in an erotic or seductive pose, or in a sexually suggestive setting?
* If the minor subject is nude or partially nude, does he/she appear upset or embarrassed about the lack of clothing?
* Is the minor subject restrained, bound, or otherwise participating in S&M activity?
* Is the minor subject being seriously traumatized in any other way?
If the answer to any of those questions is "yes", then there's a good chance that the image is pornographic, distasteful, and/or illegal. If it's a photograph we're dealing with, it shouldn't exist and the photographer and/or whoever arranged the scene should be punished severely. If it's a fictional depiction, I'm not sure how harmful it is, but because it can be hard to tell for sure (and because US law no longer makes that distinction) it makes sense to be judged as if it were a real child.
On the other hand, if all answers are "no", then I don't see the problem. Many people argue that, because pedophiles are aroused by images of nude children, then images of nude children are always pornographic. I reject this argument. A lot of people -- specifically, those who don't see nude people very often -- are aroused by images of nude adults, even in an artistic context like that which is allowed on deviantART. That's probably why even artistic, non-sexual nude images are required to be marked as "mature." So if that doesn't make us consider all nude art to be porn, then why should we let the existence of pedophiles make us classify all underage nudes as pornography? Could it be that, were child nudity more common, fewer people would find it arousing? A nudist would say "yes" to that one.
Beyond the experience of being photographed or posing for a drawing, a child depicted in art cannot be harmed directly by that art. Indirect harm can occur, but this should not necessarily reflect on the value or legality of the art. For example, imagine a nudist family: a mother, father, and young daughter. The parents take a photo of their daughter playing nude in the back yard. Maybe they share the photo with friends, as parents often share photos of their children with others. Maybe later in life, the girl is teased by her friends who find out she used to play nude. Does that make the photo itself harmful or immoral? I don't think so. The girl might be better off with different friends. A less likely, but much worse situation: maybe the photo winds up in the hands of a pedophile who lives nearby. He then approaches the young girl, and tries to abduct and/or proposition her, or worse. That's a serious crime, yes. The pedophile should be punished severely, yes. But the pedophile is responsible for his own actions. Just as he can't blame his actions on the existence of the nude photo, neither can we. (He might have committed the crimes anyway...) Any harm that later comes to the girl as an indirect result of her nude photo is entirely the responsibility of those who bring the harm, and does not make the photo itself harmful.
There has been much legitimate art throughout recorded history depicting nude children. Are we to declare that no new depictions of nude children may be considered art? It's not that hard to distinguish between innocent portrayals and pornography: it's about the experience had by the child portrayed, not whether some pervert can derive arousal from it, nor whether the child is clothed. Furthermore, it's not hard to write rules to objectively and consistently make this distinction. In fact, such rules essentially already exist. If the rules were simply re-written so as not to make any reference to clothing or what body parts are visible, child pornography would still be very clearly against the rules, as FAQ #565: You prohibit the submission of 'pornographic material'; what do you consider this to be? adequately prohibits all pornography, regardless of the age(s) of the subject(s).
Some further reading:
"Nudity in art", section titled "Children", on Wikipedia
"Nudity in the home" on Wikipedia mentions possible benefits of nudity
"Why Nude Recreation?" on ClothesFree International website; section titled "Family Naturist Values" bears some relevance to this issue
" Photos of Nude Children Spark Obscenity Debate" from the NY Times, originally printed July 23, 1990 is very relevant to this issue, and quotes an FBI spokesperson saying "Nudity is not obscenity."
--
Does this font make me look fat?
--
Pyro burnin' mah biscuits!
As for the emoticons, even though I find nothing offense about them (and use them often) they are still a depiction of body fluids and by dA's current guidelines, it is not allowed. I just think that little technicality is interesting.
--
FAQ #565: You prohibit the submission of 'pornographic material'; what do you consider this to be?
Only fools are enslaved by time and space.
Let's put our 3D glasses on, hop in the TARDIS, and go to a magical island with time traveling bunnies on it; shall we?
Likewise, a pornographic or obscene photo of a child does not necessarily need to involve nudity.
I feel there needs to be more clear set boundaries and definitions here, than to just ban everything with nudity of minors. Many master paintings of old, some of them in the Sistine Chapel, involve naked children as cherubs. We shouldn't be bound from doing a master copy, as an example, just because there's a naked child angel in it!
To me it's refreshing to see a naked child out playing and having fun. If only we could all be so oblivious to these deadly ideas of beauty and body types that we've placed upon ourselves.
Well put.
--
"no sword strikes as deep as the one wielded by a friend...." - the Book of Ages in the Altadorian Archives
--
"no sword strikes as deep as the one wielded by a friend...." - the Book of Ages in the Altadorian Archives
Previous Page1234 Next Page