Backlash Media Information: Monday 27th October 2014
"Tiger porn" victim requests human rights review of "extreme pornography" law by Crown Prosecution Service
The law penalising possession of "extreme pornography" faces judicial review by a defendant previously charged with having a video of woman having sex with a tiger.
It was revealed in Court that the tiger was actually a man in a tiger-skin costume.
Yet the former defendant, Andrew Holland, of Wrexham, North Wales, suffered significant disruption to his life and widespread public ridicule.
Solicitor Myles Jackman at Hodge Jones & Allen LLP acting on behalf of Mr Holland, said:
"Mr Holland does not want others to go through the ordeal that he has faced. Mr Holland wants to ensure that others are not prosecuted unnecessarily in the manner that he was. He remains subject to the risk of further criminal charges in the event that he is in possession of similar joke images in the future."
Consequently Backlash have written to the Prime Minister, and HJA have written to Alison Saunders, the Director of Public Prosecutions asking her to review the implementation of this law: Section 63 of the Criminal Justice and Immigration Act 2008.
"Something has gone badly wrong when Parliament were told there would be thirty cases a year yet there have been thousands of costly prosecutions" emphasised Backlash Chair Hazel Eraclaeous.
If this review is not forthcoming, the law will be challenged by way of judicial review in the Administrative Court of the High Court.
Jon Fuller, spokesperson for Backlash, said:
"This law threatens anyone with a sex life they want to keep private. It threatens ordinary members of the public who exchange dirty jokes by phone and over the internet. Potentially criminalizing millions of people is a disproportionate consequence of a law not based on harm and with no clear benefit."
Myles Jackman, Backlash legal adviser & solicitor at HJA: 07791 436 100 – law@mylesjackman.com
Jon Fuller, Backlash spokesperson: 07951 570 784 – contact@backlash-uk.org.uk
1. Backlash is an umbrella campaign providing academic campaigning and legal resources in defence of freedom of sexual expression.
2. Hodge Jones & Allen LLP is a Tier 1 firm for civil liberties and criminal defence.
3. A commentary by Myles Jackman aka @ObscenityLawyer is available here:
http://obscenitylawyer.blogspot.co.uk/2014/10/tiger-porn-victim-bites-back.html
4. The full text of the letters are available here:
To the Prime Minister
Letter to Prime Minister 2014-10-24
Letter before Action to CPS
Letter before Action to CPS Oct 2014
5. Andrew Holland's case can be read here:
6. More details of the "extreme pornography" ban can be read here including currentCPS guidance: