Commons:Sexual content: Difference between revisions

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The Commons community has rejected this guideline, policy, or process.

A failed proposal is one for which a consensus to accept is not present after a reasonable amount of time, and seems unlikely to form, regardless of continuing discussion. References or links to this page must not describe it as "policy".

This tag is designed primarily to communicate status to other commons volunteers, and isn't intended to prohibit further development of ideas or proposals. It's probably not a good idea for those working on the proposal page itself to remove this tag unilaterally, but above all - remember that it's just a tag! - Be Mellow :-)

Proposal at the time of vote — Poll — Summary of results

Note: As a great deal of text from the rejected proposal merely described existing Wikipedia policies and U.S. laws, it has been moved to Help:Sexual content. Ongoing policy proposals may be summarized here and discussed at the Talk page.

Proposal: Require assertion of consent at upload time[edit]

Uploaders of self-produced sexual content should make an assertion that the subjects of photographs consented to the release of these images under terms compatible with the license chosen by that uploader. The provision of further evidence of consent is welcome using the OTRS process.

Proposal: Sexual content is intrinsically identifiable[edit]

Previous discussions expressed concern that isolated photographs of sexual organs might still become identifiable, for example, by being uploaded together with other photos of a subject, or by EXIF information, or by watermarks, or by clothing or tattoos, or by legal forensic action, or (possibly) by subsequent identification by the uploader or others. The draft put up for vote proposed to treat such cropped photos according to Commons:Photographs of identifiable persons (if taken directly by Wikimedia contributors rather than from publications), even if they appeared to be anonymous.

Status quo handling of controversial content[edit]

Don't upload anything illegal

The Wikimedia Foundation is a foundation under the law of the US federal state of Florida.(see Commons:General disclaimer). As such, its must comply with the laws of Florida, US. Additionally, Wikimedia's servers are physically located in Florida and Amsterdam.^[1]

Since we are committed to complying with all laws and regulations, there are many classes of content which not permitted on Wikimedia servers.

For example, Commons does not host:

Photographs that would be illegal to host because they constitute 'child pornography' as defined by relevant law.
Photographs that would be illegal to host because they contain individuals under the age of majority.
Photographs that would be illegal to host because the individual did not (or could not) give the necessary consent as required by law.
Images that would be illegal to host because of the work's copyright status.

Don't upload 'private' photographs of identifiable people without their consent

Main Policy: Commons:Photographs of identifiable people

Commons guidelines hold that images of identifiable people sometimes require special consideration. Does the photograph unfairly demean or ridicule the subject? Was the photograph unfairly obtained? Does the photograph unreasonably intrude into the subject's private or family life?

Since controversial content may depict extremely private activities, extra care may be required in ensuring photographic subjects have consented to the use of the image. See Commons:Photographs of identifiable people for more details.

If you find a private photograph of yourself posted here without your consent, you do not need to go through the usual process to propose deletion of the file: you may contact the Wikimedia Foundation directly and request an "office action" to remove the image quickly and completely without public discussion.

Don't upload unwanted, useless content

Commons has some special policies designed to limit the uploading of some specific types of relatively-useless content. For example, Commons generally doesn't host:

Non-notable content uploaded exclusively for purposes advertisement or promotion (COM:ADVERT)
Highly redundant/poor quality images, such as grainy photographs taken of one's own genitals. See {{Nopenis}}.
Content of limited appeal to a broader community, such as personal snapshots you just want to share with your friends and family. (Commons is not your personal free web host.)

↑ http://wikitech.wikimedia.org/view/Servers

[1] ttp://wikitech.wikimedia.org/view/Servers

[1]

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+{{rejected}}[http://commons.wikimedia.org/w/index.php?title=Commons:Sexual_content&oldid=46428834 Proposal at the time of vote] — [[Commons talk:Sexual content/Archive 6#Second poll for promotion to policy (December 2010)|Poll]] — [[Commons talk:Sexual content/Archive 6#Result|Summary of results]]
-{{proposed}}{{shortcut|[[COM:SEX]]}}
+'''''Note:''' As a great deal of text from the rejected proposal merely described existing Wikipedia policies and U.S. laws, it has been moved to [[Help:Sexual content]].  Ongoing policy proposals may be summarized here and discussed at the Talk page.''
-''For the current official policies & guidelines of Wikimedia Commons, dealing with this subject, see [[Commons:Scope]], [[Commons:Commons is not censored]], and [[Commons:Nudity]]''
+==Proposal: Require assertion of consent at upload time==
-The purpose of the Wikimedia Commons project (see [[Commons:Scope]]) is to serve as a media repository for image, sound, and video files which are free for anyone to use (either public domain, or available under an open-source license) and that meet broadly-defined criteria of being educational.  These files are available for use by other Wikimedia projects, and also by the online community as a whole. Sexual content is an invaluable part of this repository, aiding for example in the illustration of encyclopedia articles related to sex, anatomy, paraphilia, pornography, art, history, and other relevant topics.
+*Uploaders of self-produced sexual content should make an assertion that the subjects of photographs consented to the release of these images under terms compatible with the license chosen by that uploader. The provision of further [[Commons:Project_scope/Evidence|evidence]] of consent is welcome using the [[COM:OTRS|OTRS]] process.
+==Proposal: Sexual content is intrinsically identifiable==
-However, the files which are permitted to be hosted at Commons are limited by our community's official policies and guidelines (as well as by law) in a number of ways.  For instance, [[Commons:Licensing]] addresses the issues of copyright concerns. In order to maintain our focus and reputation as a high-quality repository of freely-licensed files suitable for educational use and commercial reuse, it is being proposed that we need to put some basic restrictions on what kind of sexually explicit files can be hosted at Commons, while attempting to minimize the damage to our educational goals.
+*Previous discussions expressed concern that isolated photographs of sexual organs might still become identifiable, for example, by being uploaded together with other photos of a subject, or by EXIF information, or by watermarks, or by clothing or tattoos, or by legal forensic action, or (possibly) by subsequent identification by the uploader or others.  The draft put up for vote proposed to treat such cropped photos according to [[Commons:Photographs of identifiable persons]] (if taken directly by Wikimedia contributors rather than from publications), even if they appeared to be anonymous.
+==Status quo handling of controversial content==
-This proposed guideline deals with these sexual content concerns. While this is a highly controversial subject, and previous proposals have been rejected by the Commons' community, it is recognised that some files do not comply with our educational objectives. The following restrictions seek to minimise the issues which may arise from sexual content, while attempting to ensure that our educational mission is not compromised.
+;'''Don't upload anything illegal'''
-==What do we mean by sexual content?==
-Because it is difficult to give a precise definition of what is "sexual", the following should be seen as a set of rules of thumb, not as drawing precise lines. Whatever rules we lay down, there will always be borderline cases that require judgment.
+The Wikimedia Foundation is a foundation under the law of the US federal state of Florida.(see [[Commons:General disclaimer]]). As such, its must comply with the laws of Florida, US.
-By "sexual content" we are generally referring to media depicting actual or simulated sexually explicit conduct. This includes:
+Additionally, Wikimedia's servers are physically located in Florida and Amsterdam.<ref>http://wikitech.wikimedia.org/view/Servers</ref>
-* Media depicting sexual acts including:
-** Vaginal, anal or oral intercourse <!--what about tit fucking?-->
-** Masturbation<!--what about breast licking/fondling or breast self-stimulation?-->
-** Certain types of [[w:paraphilia|paraphilia]]s such as [[w:urolagnia|urolagnia]] or [[w:coprophagia|coprophagia]]
-* Media depicting sadistic or masochistic abuse<ref>See [http://www.law.cornell.edu/uscode/718/usc_sec_18_00002256----000-.html 18 USC 2256], which defines "sadistic or masochistic abuse" as "sexually explicit conduct". According to the United States Department of Justice, [http://www.zei2257.com/FR-28CFR75-20081218.pdf 28 CFR Part 75: Revised Regulations for Records Relating to Visual Depictions of Sexually Explicit Conduct; Inspection of Records Relating to Depiction of Simulated Sexually Explicit Performance; Final Rule], bondage images are classified as depicting abuse, even if the parties were consensually engaged: "One comment requests that the Department define "sadistic or masochistic abuse" because some people believe that safe and consensual bondage is not abuse, and requests that the Department distinguish between actual and simulated sadistic or masochistic abuse. The Department declines to adopt this comment. That term is not a subject of this rulemaking. Moreover, actual sexually explicit conduct depends on the content of what is being displayed, not on whether the content is subjectively considered to be abusive."</ref>
-* Media that prominently feature genitalia
+Since we are committed to complying with all laws and regulations, there are many classes of content which not permitted on Wikimedia servers.
-Primarily, we are concerned with images related to human sexuality; there is a similar but lesser concern with the appropriateness of images of other intraspecies mammalian sexuality and a generally lesser concern with non-mammalian sexuality.
+For example, Commons does not host:
-Except for images prominently featuring genitalia or sexual activity, mere partial or total nudity is generally not cosidered sexually explicit conduct.
+* Photographs that would be illegal to host because they constitute '[[w:child pornography|child pornography]]' as defined by relevant law.
+<!--  *Photographs that meet the legal definition for 'obscenity', as defined by the legislatures and judiciaries of Florida and the United States. -->
+* Photographs that would be illegal to host because they contain individuals under the age of majority.
+* Photographs that would be illegal to host because the individual did not (or could not) give the necessary consent as required by law.
+* Images that would be illegal to host because of the work's copyright status.
+;'''Don't upload 'private' photographs of identifiable people without their consent'''
-==Content which is not permitted==
+::Main Policy:  [[Commons:Photographs of identifiable people]]
-The following categories of content are not permitted on commons:
+Commons guidelines hold that images of identifiable people sometimes require special consideration. Does the photograph unfairly demean or ridicule the subject?  Was the photograph unfairly obtained?   Does the photograph unreasonably intrude into the subject's private or family life?
-* Content which would be illegal for Commons to host, such as photographs of child pornography.<ref>Child pornography is defined in [http://www.law.cornell.edu/uscode/18/2256.html 18 USC 2256] in the sections 2B and 8.</ref> As the servers for Commons are in the United States (Florida), U.S. federal and Florida state law applies.
-** Per our [[Commons:Precautionary principle|precautionary principle]], photographic depictions or film of sexually explicit conduct, or derivative works of these, where there is a legitimate concern that not all participants (in the explicit content) are at least 18 years of age<ref>U.S. law defines a minor as being under the age of 18. See [http://www.law.cornell.edu/uscode/18/2256.html 18 USC 2256 section 1].</ref> should be speedy deleted. Generally speaking, uploaders of images which feature participants who appear to be under the age of 25 will be required to clarify, and possibly evidence, consent and the ages of all involved.
-* Sexual content uploaded without the consent of the participants should be speedy deleted, when these are living or recently deceased people. Such pictures would usually ''unreasonably intrude into the subject's private or family life''. See [[Commons:Photographs of identifiable people|Photographs of identifiable people]].
-* Content clearly not educational or otherwise [[Commons:Project scope|in scope]].  See [[Commons:What_Commons_is_not#Commons_is_not_your_personal_free_web_host|Commons is not your personal free webhost]] and [[COM:ADVERT|Commons is not a place to advertise]]; these policies apply equally to sexual and non-sexual content. Low-quality pornographic images that do not contribute anything educationally useful to our existing collection of images are generally deleted quickly.
-* Excessive sexual content on user pages, except in cases where this serves to document the user's own Commons contributions. See [[:w:Wikipedia:User pages|Wikipedia:User pages]] for an outline of acceptable user-page guidelines (this page should be transwiki-ed). Also refer to [[w:Wikipedia:Etiquette|Wikipedia:Etiquette]].
+Since controversial content may depict extremely private activities, extra care may be required in ensuring photographic subjects have consented to the use of the image.  See [[Commons:Photographs of identifiable people]] for more details.
-==Evaluating sexual content==
+''If you find a private photograph of yourself posted here without your consent, you do not need to go through the usual process to propose deletion of the file: you may [[Foundation:contact us|contact the Wikimedia Foundation]] directly and request an [[Meta:office actions|"office action"]] to remove the image quickly and completely without public discussion.''
-(see [[Commons:Nudity]] for the ''current'' policy)
+; Don't upload unwanted, useless content
-Unless there is a valid legal reason, sexual content may generally be speedy deleted ''only'' if it is clear that it does '''not''' fall into at least one of the following classifications:
-# The images are either of '''artistic, literary, or historical merit''', or are a part of a larger work that fits those requirements. For example, the shocking conclusion to [[:en:Oscar Wilde|Oscar Wilde]]'s ''[[:en:Salome_(play)|Salome]]'' has a necrophiliac scene with Salome and the head of John the Baptist, but the work is also considered a literary classic, so video or pictures of the work would be perfectly acceptable on Commons.
-# The material is an '''artwork, including, but not limited to, paintings, engravings, etchings, lithographs, needlework,<!-- Just to make it clear we do include all art types--> and sculpture.''' Commons does not seek to censor the world's artistic heritage, and consensus has come down strongly in favour of continuing to host erotic and pornographic artworks, as they are an important part of the history of art.<ref>It can be difficult for non-experts to evaluate art, and, as such, if deletion is being considered for anything artistic, the full deletion process is strongly preferred.</ref>
-# The material is '''[[Commons:Project scope|realistically useful for an educational purpose]]''', such as diagrams, illustrations,<ref>Many illustrations have been found useful in projects, often in spite of lack of technical quality. A variety of illustrations can allow choice where photographs may be undesirable.</ref> photographs, high quality images of body parts or noteworthy sexual acts,<ref>These may be labelled, but, as we serve hundreds of languages, we will always need some unlabelled images to make new labeled diagrams.</ref> illustrations of the various styles of erotic art, and medical photographs of diseases. The material can have an educational value even if it was not created for that purpose, such as [[:File:Masturbating hand.jpg]] illustrating [[w:female masturbation|female masturbation]].
-# The material has '''been in use''' on the Commons or another Wikimedia project for substantial time and for educational purposes.<ref>Exclusive use of a file in userspace does not constitute educational purpose. Legal issues (including copyright) are possible exceptions.</ref>
-# The material is supported by existing '''consensus''' on a Wikimedia project.
-# The specific content or the content's creator is '''notable'''.
+Commons has some special policies designed to limit the uploading of some specific types of relatively-useless content. For example, Commons generally doesn't host:
-All works that fall within one or more of those categories are generally acceptable on Commons. Borderline cases should go through the full deletion review process.
+* Non-notable content uploaded exclusively for purposes advertisement or promotion ([[COM:ADVERT]])
+* Highly redundant/poor quality images, such as grainy photographs taken of one's own genitals. See {{tl|Nopenis}}.
+* Content of limited appeal to a broader community, such as personal snapshots you just want to share with your friends and family. (Commons is ''not'' your personal free web host.)
+----
-Any user can nominate particular content on Commons for deletion. However, nominating content that is obviously within scope may be considered disruption, and repeatedly doing so may lead to warnings and, ultimately, administrative action against the nominator. It is not necessary to sign up for an account to propose a deletion, but having an account will prevent your [[w:IP address|IP address]] from being publicly recorded in association with the discussion. For items where where deletion is not expected to be controversial—copyright violations, material blatantly outside of scope, etc.—a "speedy deletion" can be requested (''See [[Commons:Deletion requests/Speedy deletion]]''). For any other content that you believe is not permitted on Commons, you can nominate it for deletion (''See [[COM:DELREQ]]''). It will then be discussed by the community, which may take two weeks or more to come to consensus.
+<references />
-==Categorization==
-(see [[Commons:Categorization]] for a more detailed discussion of appropriate categorization procedures)
-Categories are meant to allow users to find material suiting one or another criteria easily. Some of what they are looking for may fall under the broad category of sexual content. However, there is rarely a need to categorize in such a way as to surprise people searching for one type of content with sexual content. For example: [[:File:Angelina_Ash_4.jpg| this image]], a picture of a fully nude porn star spraying herself with whipped cream, was found in [[:Category:People eating]], which it is, at best, only a vaguely accurate description.
-The problem may be solved by leaving sexual content out of marginal categories, and, if necessary, creating categories such as "Category:Pornographic depictions of X" (which can be put as a subcategory of "Category:X") to separate out very different takes on images. For instance [[:File:Félicien Rops - Sainte-Thérèse.png]], an anti-Catholic erotic artwork of Saint Teresa of Ávila, is in [[:Category:Caricatures of Saint Teresa of Ávila]] instead of the main category [[:Category:Saint Teresa of Ávila]], and might imaginably be put into [[:Category:Pornographic depictions of Saint Teresa of Ávila]], if necessary.
-==Descriptions==
-Descriptions of media files and categories related to sexuality should always be written in an style oriented toward encyclopedic and educational intent. Unless file names and descriptions on Commons are quoting an external source, they should be neutral, academic, impersonal, and without use of slang terminology. New files and categories that are in scope, but do not comply with this requirement, should be renamed on sight, and the descriptions reworded as necessary.
-==Other considerations==
-In the United States, in addition to laws regarding child pornography, there are
-*laws regarding [[:en:Obscenity|obscenity]],
-*laws regarding [[:en:Personality rights|personality rights]],
-*laws such as the [[:en:Child Protection and Obscenity Enforcement Act|Child Protection and Obscenity Enforcement Act]] (18 USC 2257); this requires producers of films, videos, digital images (including digitally enhanced images) which were made after November 1, 1990 and depict actual human beings engaged in sexually explicit conduct to document the age and identity of all performers shown.<ref name=USC2257 />
-Uploaders are advised to familiarise themselves with their legal obligations before uploading sexual content.
-===Record keeping requirements for sexually explicit content===
-The Wikimedia Foundation's legal counsel has stated that Commons is under no obligation to keep records on the age and identity of models shown in media depicting sexually explicit conduct.<ref>[http://commons.wikimedia.org/w/index.php?title=Commons_talk:Sexual_content&action=historysubmit&diff=39225950&oldid=39225824 Statement by Mike Godwin, 14 May 2010]</ref> However, editors who have produced and wish to upload such media may have record keeping obligations.<ref name=USC2257>The requirements are detailed in [http://www.law.cornell.edu/uscode/uscode18/usc_sec_18_00002257----000-.html 18 USC 2257. Record keeping requirements]</ref> It is good practice to forward age and identity documentation for sexual content, along with statements of consent by the persons depicted, to [[Commons:OTRS|OTRS]] to help avoid any later problems.
-==Deletion at the subject's request==
-If Commons hosts a nude image of you, or an image of you engaged in sexually explicit conduct, and the image was uploaded without your consent, and/or you are unhappy with the image's continued presence on Commons, please send an e-mail to [mailto:permissions-commons@wikimedia.org permissions-commons{{@}}wikimedia.org]. Your mail will be treated in confidence and will only be viewed by trusted volunteers who have identified themselves to Wikimedia Foundation by name. For further information see [[COM:OTRS]].
-==Notes==
-{{reflist}}
-==Previous proposals==
-:''These previous proposals have been ''rejected'' by the Commons' community''
-# [[Commons:Wikiproject:Erotica/image_level_demo|A sandbox / demonstration of media filtering]] (April 2010)
-# [[/April 2010|April 2010]] (being an evolution of the below)
-# [[/2009|Proposals from 2008, final revision January 2009]]
-# [[/Deletion log]] a list of deletions made under the new 'jimbo' instructions
-# ''feel free to create a subpage for discussion / development of your ideas :-)''

Commons:Sexual content: Difference between revisions

Latest revision as of 06:13, 15 January 2021

Proposal: Require assertion of consent at upload time[edit]

Proposal: Sexual content is intrinsically identifiable[edit]

Status quo handling of controversial content[edit]

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