Is it illegal to own bb material?

[jaguarpeople2]

I live in the UK and my hard drive crashed, Im paying a recovery service to do this, but I am worried that maybe owning bb content may be illegal incase they find it.

Anyone have any advice? It would really be appreciated.

[Jedi]

Well the Police know that I produce a ballbusting website, which obviously means owning bb material and I'm not in jail yet. ;)

[teapot42]

Well the Police know that I produce a ballbusting website, which obviously means owning bb material and I'm not in jail yet. ;)

In theory, that just means they have better things to do! The law as it stands classes BB movies and pictures as being illegal - I can't remember the exact wording but something like suggesting damage to the genitals is the clause it would come under.

Just think, those of us who like our nuts being kicked and who just happen to have a recording of the event or of other people having their nuts hit consensually are just as evil as those who create child porn....

The thing you need to be worrying about, Jedi, is whether you will become the test-case for this particular area of the law. So far it's not been challenged in court but it could happen and all you need is a judge who *isn't* in to S&M and it could all go wrong...

All that said, I think that until someone does get taken to court that we can probably carry on as before but just keep our eyes open and hope it's not us that become the test case...

[Jedi]

I have set many times before that bdsm / s&m is illegal in the UK, yet it goes on openly unchallenged. Many doms earn a living from practicing illegal activities as you cannot consent to actual bodily harm etc on your self.
Similarly I am aware that producing ballbusting material is technically illegal for the above reason, but beleive and hope that yes the Police do indeed have better things to do. There are far more violent websites out there and hopefully the authorities will invest their valuable time into those.

[gaylord]

Ballbusting illegal in UK... that's weird lol most of the website are from the UK, but It's so stupid to make ballbusting illegal our society is in regression ... realy sad

[bbisfun]

This seems crazy to me. This isn't also true in the U.S. is it? I can't believe that it would be illegal or how can they have literally dozens of sites selling it.....

[sloguy]

why cant people in the uk sign one of those waivers like for mixed matrial arts fights? cep when the match begins somehow the woman kicks her opponent in the balls and the male forgets to fight or protect himself. just do the paperwork and call it a mixed martial arts match.

[Alec Anaconda]

Excuse me if I have this wrong, but I think the essence of ballbusting is enjoyment, not injury.

As I see it, most sports contain an acceptable risk of trivial injuries such as grazes and bruises.
Nobody expects to end up in Accident and Emergency after a game of badminton or football, but it happens.

There is an immense difference between a normal sexual variation and deliberately wanting to cause actual bodily harm.

Nevertheless, if you are concerned about the material on your hard drive, it seems foolhardy to use a recovery service.
However, unless anybody is shown receiving serious injury, and your recovery service waste their time looking for this, I doubt that you have any worries.

Next time, why not purchase an external drive and take frequent backups?
Then, if your hard drive fails again, you can take it apart and use a hammer on the disk.

[Su0]

Where goes the line? Normal sex can be painful (to the woman) so is that "sadist and destructive S&M" as well? Or what is sexual and what is not, fighting videos can be sold without limitations.

Anyway, I wouldn't be worried with normal ballbusting videos on my computer, although I do not live in the UK. What I would not want the police to see, are some Cheychenne's brutal videos, but there are a lot of videos that don't go that far.

[One from the Vaults]

The UK law is intentionally vague, but I don't believe that the majority of BB would fall within it. ********** and the like obviously would, as would some of the more extreme videos/images. All depends really.

Videos of guys getting kicked would definitely not count. Videos of guys having their testicles pierced with needles probably would count.

[try]

The UK law is intentionally vague, but I don't believe that the majority of BB would fall within it. ********** and the like obviously would, as would some of the more extreme videos/images. All depends really.

Videos of guys getting kicked would definitely not count. Videos of guys having their testicles pierced with needles probably would count.

Thats the advice I had. While we can't be 100% certain unless and until there is a court case I was assured, by someone who knew the law, that BB material is unlikely to be illegal in the UK unless it has realistic looking photos (not drawings) depicting extreme violence causing bleeding or other evident injury to the groin.

[moosh]

If you want the correct wording of this law it's here:

http://www.opsi.gov.uk/acts/acts2008/ukpga_20080004_en_9#pt5-pb1-l1g63
(I've used code tags to avoid having a direct link from here to a goverment website)If you read the section on penalties for being in possession (67), it seems that ballbusting porn potentially has a higher maximum sentence (3 years) than necrophila and bestiality images/videos would get you (2 years).

The key word in the line relevant to ballbusting is "serious" injury.

I would like to think that even if someone was convicted for this, the majority of bb porn (and other fetishes covered by this) would not warrant a very harsh penalty (probably no penalty at all.)

It also seems to be fine to be a participant in acts like this as long as there's 100% consent.

I remember a while ago on the news there was a short item with some high ranking police officer saying that this particular law is essentially pointless since it's almost impossible to enforce.

Smoking pot is illegal, but plenty of people do that in the privacy of their own home, and you're more likely to be caught buying drugs than caught with BB porn. Downloading music/films illegally is also done by tons of people. This law does not worry me.

I second what Alec Anaconda says though, get an external hard drive and back up regularly. That's a good piece of advice in general, not just for keeping porn secret :)

[teapot42]

The key word in the line relevant to ballbusting is "serious" injury.


The trouble is that you need to convince a judge and jury as to what is serious and what isn't. All it could take is a doctor to stand up and say that any blow to the testicles could potentially result in a rupture and them having to be removed and it becomes serious. Indeed, this is strictly speaking true, and you do often hear people involved in making BB movies have incurred various injuries - I believe Jedi mentioned something in the recent past.

I'm not saying avoid BB - I've got plenty myself, but you can't deny the fact that it is technically illegal. Things like this rely on case law and while there isn't any at the moment, I can well see a judge finding it hard to believe that someone being kicked in the nuts isn't running a fairly high risk of serious harm, even if that attitude is mainly from cultural stereotypes.

This sort of thing is why there was so much activity to try and force changes in this law before it entered the statue books as there is so much scope for individual interpretation and no real guides as to what is OK and what isn't.

[moosh]

Yes, that's what I meant by saying that serious is the key word....

Technically, there's more though, since it says that extreme images ALSO need to be "grossly offensive, disgusting or otherwise of an obscene character."

Offensive, disgusting and obscene are even more open to difference of opinion than "serious injury" is. In my mind, most of the BB I own isn't any of those, but there will be people who would consider even "vanilla" pornography to be all 3.

I wasn't saying it's not illegal (although, imo, you can't say all BB is illegal either - some won't be), I was saying that even if it is, the chances of you being "caught" are low, and the chances of anyone important caring are similarly low. You don't get flung in jail for every little thing against the law.

Maybe one way of sites moving to counter it is by following Barefoot Princess and her message "all depictions of pain, captivity, bondage and sexual intercourse are of a fictional, theatrical and simulated nature only. [blah] We wish to offend no one with this material." at the start of videos. Not that convincing, but hey xD

[Alec Anaconda]

It also seems to be fine to be a participant in acts like this as long as there's 100% consent.

Unfortunately, this was proven not to be so, by the “Spanner” case.
Unless this has been superseded by a more recent judgement, consent does not mitigate actual bodily injury.

[Snakelinux]

The spanner case (more commonly known as operation spanner) was in the United Kingdom. It has been illegal to make videos with "violent" (or "angry") sex there for a while now. It is old news. However, there has never been a ruling (to my knowledge) about downloading or obtaining such material. It is like the illegal downloading of music. It is the uploaders and not the downloaders the law goes after. If you want to put bb material on a website (or sell it) and you live in the UK you should think again. Otherwise you are fine.

A lot of people here keep talking about the extremeness of the images and blah, blah, blah. Such arbitrary information means very little. Do not worry about the exact category ballbusting falls under. Most judges will probably see this as violent or angry sex. Therefore, if you are ever see the inside of a courtroom you are trouble. Think about it from their perspective. They see someone hitting someone else. What more needs to be said? The legal terminology is irrelevant. Judges do not use it when making their decisions, which has actually been a compliant about the legal system in general for a long time now.

P.S. It is highly unlikely that a jury will convict you. The spanner case was made up of homosexuals. No offense to homosexuals but people relate to people better who are similar to themselves. If they had been heterosexuals they probably would not have gone to prison. Assuming you do not have anything that would scare a jury (like ********** scenes) you will probably just receive a fine. Right now it seems that the UK has cooled off in looking in its search for people who are committing that crime. Unfortunately, one never knows which way the wind will blow.

[moosh]

Unfortunately, this was proven not to be so, by the “Spanner” case.
Unless this has been superseded by a more recent judgement, consent does not mitigate actual bodily injury.

That was what I understood to be true from reading the law I linked.

Upon closer reading though, it does say that if:

"the harm is of such a nature that the person cannot, in law, consent to it being inflicted on himself or herself"

then it's not consensual, so I guess you still can't legally consent to some things, even if you literally do consent to them.

Thanks for pointing that out.

Also, it seems consent is a just listed as a defence there for owning the porn if you're in it, not necessarily for engaging in the act (not going to scrawl through more legal crap to check that one, but I'd assume the same "consent" stuff applies).

[johnny_cockNballs]

I have set many times before that bdsm / s&m is illegal in the UK, yet it goes on openly unchallenged. Many doms earn a living from practicing illegal activities as you cannot consent to actual bodily harm etc on your self.
Similarly I am aware that producing ballbusting material is technically illegal for the above reason, but beleive and hope that yes the Police do indeed have better things to do. There are far more violent websites out there and hopefully the authorities will invest their valuable time into those.

Is it really strict in UK? I hear a lot of problems for AV content of UK internet user. That surprise me! Here Japan doesn't have that restriction, but only annoying digital mosaic of genitals.

Many years ago, together with a friend, we had a site Tamahimeden. We had BB with out digital wipe (full nude), and didn't have any trouble from Japan law. That time we are amature, so maybe they don't see us. We close site in 2003. But pro company like Moody, wanz, Dandy, Dogma will have trouble if show full nude. But a lot of fetish content doesn't mean anything here, content not illegal here (only if too young). It is more about full nude or digital mosaic. So there is always strange stuff in videos here.

I like it, strange pervert things.

:thumbup

[mork]

In theory, that just means they have better things to do! The law as it stands classes BB movies and pictures as being illegal - I can't remember the exact wording but something like suggesting damage to the genitals is the clause it would come under.

Just think, those of us who like our nuts being kicked and who just happen to have a recording of the event or of other people having their nuts hit consensually are just as evil as those who create child porn....

The thing you need to be worrying about, Jedi, is whether you will become the test-case for this particular area of the law. So far it's not been challenged in court but it could happen and all you need is a judge who *isn't* in to S&M and it could all go wrong...

All that said, I think that until someone does get taken to court that we can probably carry on as before but just keep our eyes open and hope it's not us that become the test case...


there are judges who are NOT into s&m?..! you are american and not british then, i take it!!

[helios]

Is it really strict in UK? I hear a lot of problems for AV content of UK internet user. That surprise me! Here Japan doesn't have that restriction, but only annoying digital mosaic of genitals.

Many years ago, together with a friend, we had a site Tamahimeden. We had BB with out digital wipe (full nude), and didn't have any trouble from Japan law. That time we are amature, so maybe they don't see us. We close site in 2003. But pro company like Moody, wanz, Dandy, Dogma will have trouble if show full nude. But a lot of fetish content doesn't mean anything here, content not illegal here (only if too young). It is more about full nude or digital mosaic. So there is always strange stuff in videos here.

I like it, strange pervert things.

:thumbup

Wow Johnny cockNballs!

I had no idea you were behind Tamahimeden - I don't think anyone here did.

You are a ballbusting legend!

Your site was one of the first - probably THE first - great ballbusting site. Beautiful girls, great angles and great poses. I really feel that you set the standard, and actually very few sites have lived up to it since.

Thank you so much!

Helios

[teapot42]

there are judges who are NOT into s&m?..! you are american and not british then, i take it!!

Sir, I take that as grossly offensive and honour must be satisfied! I challenge you to a ball-busting duel! Choose your weapon and spread those legs! :) (I go for the steel toe caps myself...)

(FWIW that was mostly sarcastic but the point is that you can't expect a judge to see your side of things or have the same moral viewpoint as you)