[GA - passed] Repeal: “Challenging Sexually Exploitative Recordings”

[Simone]

Repeal: “Challenging Sexually Exploitative Recordings”
Category: Repeal | GA #684
Proposed by: Simone Republic, Co-authored by: Wallenburg | Onsite Topic
Replacement: < Ban on Revenge Porn >​

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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".

Note: Only votes from TNP WA nations and NPA personnel will be counted. If you do not meet these requirements, please add (non-WA) or something of that effect to your vote.

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Voting Instructions:

• Vote For if you want the Delegate to vote For the resolution.
• Vote Against if you want the Delegate to vote Against the resolution.
• Vote Abstain if you want the Delegate to abstain from voting on this resolution.
• Vote Present if you are personally abstaining from this vote.

Detailed opinions with your vote are appreciated and encouraged!

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For	Against	Abstain	Present
12	0	0	1

 

[Simone]

Overview
The proposal at hand repeals the recently passed resolution 684, "Challenging Sexually Exploitative Recordings", specifically citing a horrendous loophole: 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 evidence drawn from such recordings cannot be used in other criminal cases and that such 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.

Recommendation
We believe this proposal was drafted in haste and the loophole did not become apparent until after the resolution has moved closer to vote. The MoWAA originally opposed the resolution up for repeal but for different reasons, whereas this repeal focuses on the perverse effects of not permitting the use of the said recordings for civil litigation or for other criminal cases, an obvious oversight.

For these reasons, the Ministry of World Assembly Affairs recommends a vote For the General Assembly resolution at vote, "Repeal: Challenging Sexually Exploitative Recordings".

 

[Simone]

For as author. I'd let Tin sort out her replacement of her own resolution.

 

[Magecastle]

For this and the replacement.

 

[Lionsmeow]

For

 

[nvxl]

For

As long as the replacement follows its predecessor sufficiently (NS forums seem to be broken at present?), since I remain of the opinion that it was otherwise sound.

 

[Jag]

For

 

[Polgaria]

For

 

[Jeltronia]

For

 

[Attempted Socialism]

For.

 

[Theleesia]

For

 

[Gymna]

For

 

[Kaschovia]

For

 

[Fregerson]

For this and the replacement

 

[Zash]

For

 

[Holy Marcus Empire]

For

 

[Sauron]

Present.

 

[Chipoli]

For

 

[TheLandOfFunFunFun]

For

 

[Wilkshire]

Against

 

[TLB]

For

 

[Loh]

For

 

[Tom]

For (non-WA)

 

[Norvoz]

For

 

[Simone]

Recent:

Repeal "Challenging Sexually Exploitative Recordings" was passed 11,029 votes to 1,080.