[Passed] [ga]: Repeal: “CSER"

[Lenlyvit]

General Assembly Resolution

Repeal: “Challenging Sexually Exploitative Recordings”

A resolution to repeal previously passed legislation.

Category: Repeal

Resolution: GA#684

Proposed by:Simone Republic

General Assembly Resolution #684 “Challenging Sexually Exploitative Recordings” (Category: Moral Decency; Strength: Mild) shall be struck out and rendered null and void.

Expressing its disgust in activities cited in the target resolution, namely the distribution of "revenge pornography", "upskirting" and "downblousing";

Acknowledging the purported intent of the target resolution to "challenge" such activities;

However, dismayed that the resolution contains significant loopholes that impede implementing this resolution, and, in some cases, potentially impeding anyone seeking redress for such activities;

In particular, aghast that operating clause two's very specifically wording requiring all WA states to "to outlaw... wilful distribution of, and threats to distribute [said] recordings" and the very narrow exception "where their distribution occurs in a judicial or policing context and is necessary to help convict a person of an offence defined in this Article" means that:

1. evidence drawn from such recordings cannot be used in other criminal cases (outside of those "defined in this Article"), even if the cases more serious in nature, such as, merely as examples, domestic abuse or murder;

2. the aforesaid evidence also cannot be used in settings such as administrative procedures, arbitration and mediation proceedings, and also cannot be used in civil proceedings in court (such as, merely as examples, civil cases for recovering damages for emotional distress and trauma), thus defeating much the purpose of this resolution;

Looking forward to a well-written resolution to address this topic in due course;

Hereby repeals the target resolution, "Challenging Sexually Exploitative Recordings".

Co-author: Wallenburg

This is the discussion thread. To cast your vote, go HERE

[Pantso]

The resolution they're trying to repeal is here: www.nationstates.net/page=WA_past_resolution/id=684/council=1

The two complaints are valid; GA 684 is pretty specific and would not permit showing proscribed video in a courtroom as evidence in a case involving assault or abuse, nor in civil proceedings under any circumstance. Pantso recommends For and trusts a replacement can be written soon.

[Jabberwocky]

That's a convincing argument. FOR