Commons:Sexual content: Difference between revisions
Jump to navigation
Jump to search
Content deleted Content added
more common spelling of phrase |
m Reverted edits by Lol smart kid (talk) to last revision by KTo288 Tag: Rollback |
||
| (85 intermediate revisions by 29 users not shown) | |||
| Line 1: | Line 1: | ||
{{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== |
|||
Wikimedia Commons serves as a media repository for files which are free for anyone to use and that meet [[Commons:Project scope#Must be realistically useful for an educational purpose|broadly-defined criteria of being educational]]. |
|||
*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== |
|||
Sexual content is an important part of Commons, providing media resources for encyclopedia articles related to anatomy, sex, paraphilia, civil liberties, pornography, art, history, etc. For these, among others, it is a basic point of policy for both Wikimedia and the Commons community that [[Commons:Commons_is_not_censored#Censorship|Commons is not censored]]. However, [[Commons:What Commons is not#Commons is not an amateur porn site|Commons is not an amateur porn site]], and low-quality pornographic images that do not contribute anything educationally useful may be removed. |
|||
*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== |
|||
Sexual content tends to need closer attention because of the legal and privacy-related issues it raises. In order to ensure that such content does not violate U.S. law or other Commons policies, this policy addresses processes to handle sexual material that falls within Wikimedia Commons' [[COM:SCOPE|project scope]] and to identify and remove material that does not. It includes: |
|||
;'''Don't upload anything illegal''' |
|||
* Inclusion standards for sexual content |
|||
* Directions on how to upload and/or delete sexual content |
|||
* Guidance for describing, categorizing, and tagging sexual content |
|||
* The general legal context for these issues |
|||
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. |
|||
This policy intends to provide a background to facilitate discussions about sexual content, but it is not a comprehensive legal guide for sexual media. It is targeted at Commons users, not law enforcement, content reusers, or the press. Commons [[Commons:general disclaimer|does not warrant]] that any actions discussed here are legal or safe from liability in your jurisdiction. |
|||
Additionally, Wikimedia's servers are physically located in Florida and Amsterdam.<ref>http://wikitech.wikimedia.org/view/Servers</ref> |
|||
Since we are committed to complying with all laws and regulations, there are many classes of content which not permitted on Wikimedia servers. |
|||
==Definition== |
|||
For the purposes of this policy, "Sexual content" refers to pictorial media depicting actual or simulated sexually explicit conduct involving humans. Depictions of human sexuality include: |
|||
For example, Commons does not host: |
|||
* Vaginal, anal, or oral intercourse |
|||
* Photographs that would be illegal to host because they constitute '[[w:child pornography|child pornography]]' as defined by relevant law. |
|||
* [[w:Non-penetrative sex|Non-penetrative sex]] including masturbation |
|||
<!-- *Photographs that meet the legal definition for 'obscenity', as defined by the legislatures and judiciaries of Florida and the United States. --> |
|||
* Certain [[w:paraphilia|paraphilia]]s such as [[w:urolagnia|urolagnia]] or [[w:coprophagia|coprophagia]] |
|||
* Photographs that would be illegal to host because they contain individuals under the age of majority. |
|||
* Sadistic or masochistic abuse<ref>See {{usc|18|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. A request was made 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 declined to adopt the request while commenting that "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> |
|||
* Photographs that would be illegal to host because the individual did not (or could not) give the necessary consent as required by law. |
|||
* Prominent depictions of the pubic area or genitalia <ref>Judicial precedents indicates that a depiction can constitute "lascivious exhibition of the genitals or pubic area" if, among other things: (1) The focal point is on the subject's genitalia or pubic area;(2) The setting of the visual depiction is sexually suggestive, i.e., in a place or pose generally associated with sexual activity;(3) The visual depiction suggests sexual coyness or a willingness to engage in sexual activity;(4) The visual depiction is intended or designed to elicit a sexual response in the viewer. For more detail, see [http://www.justice.gov/criminal/optf/guide/2257-compliance-guide.html C.F.R. Part 75 Small Business Compliance Guide]</ref> |
|||
* 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''' |
|||
Where it is not clear if an image depicts such conduct, the community will use its discretion. Except for images prominently featuring genitalia or sexual activity, mere partial or total nudity is generally not considered sexual content. |
|||
::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. |
|||
==Prohibited content== |
|||
The following types of sexual content are prohibited on Commons: |
|||
; {{anchor|Illegal content}}<!--- This is linked from the speedy deletion section below --->Content which would be illegal for Commons to host, including child pornography<ref>Child pornography is defined in {{usc|18|2256}} in the sections 2(B) and 8.</ref> |
|||
''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.'' |
|||
Manufacturing, distributing, possessing, or intentionally accessing child pornography is a very serious charge in the United States, where Wikimedia's servers and main offices are located.<ref>If convicted, offender will be sentenced with a felony with a minimum of five years in prison and a lifetime registration as a sex offender.</ref> Images of minors (even if clothed) can be found to be in violation of child pornography laws if they fail the [[w:Dost test|Dost test]].<ref>See {{Usc|18|2256|9}} for a definition of "identifiable minors"</ref> |
|||
; Don't upload unwanted, useless content |
|||
Any suspected instances should be quickly reported to Wikimedia (see [[Foundation:contact us]]), which can securely remove material by [[Meta:OFFICE|office actions]]. Normal or speedy "deletion" of material leaves it available to at least hundreds of users with administrative privileges, so neither is sufficient to fulfill the Foundation's legal responsibilities (though speedy deletion of images where it is clear that participants are underage is a prudent first step). As such, material found to be illegal must go through a suppression process after deletion. The [[w:National Center for Missing and Exploited Children|National Center for Missing and Exploited Children]] maintains an [http://www.missingkids.com/missingkids/servlet/PageServlet?LanguageCountry=en_US&PageId=2936 online hotline] for reports that assists exploited children. |
|||
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: |
|||
Images that are not plainly illegal but for which there is some lingering doubt can be proposed for deletion. Photographic depictions of sexually explicit conduct where there is a legitimate concern that not all participants appear to be [http://www.law.cornell.edu/uscode/18/2256.html at least] 18 years of age should be proposed for deletion per our [[Commons:Precautionary principle|precautionary principle]]. Users in the deletion discussion will gather evidence of the subject's age and conservatively evaluate whether there is a significant risk that a minor is depicted. Potentially obscene images may be discussed in terms of the [[w:Miller test|Miller Test]]. |
|||
* 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.) |
|||
---- |
|||
; {{anchor|consent}}Content without appropriate consent |
|||
<references /> |
|||
All media is subject to [[Commons:Photographs of identifiable people]], a complex guideline which touches on issues such as defamation, personality rights, privacy rights, ridicule, unfairly obtained photos, and photos which unreasonably intrude into the subject's private or family life. In addition, all sexual content is subject to the following requirements:<ref>U.S. state laws prohibit recording of sexual content without consent, as in the case of [[w:Tyler Clementi|Tyler Clementi]], in which two students may face up to five years in prison in New Jersey. The legal and constitutional issues for such laws are largely untested. See {{cite web|url=http://www.nj.com/news/index.ssf/2010/11/rutgers_student_tyler_clementi_5.html|title=Rutgers student Tyler Clementi suicide case poses test for N.J. privacy law|publisher=Associated Press|date=2010-11-04}}</ref> |
|||
*Uploaders of self-produced sexual content must make a positive assertion that the subjects of photographs consented to their public release. Provision of further [[Commons:Project_scope/Evidence|evidence]] of consent is welcome (using the [[COM:OTRS|OTRS]] process) but is not normally required. Explicit assertions of consent are encouraged but not required for sexual content uploaded prior to implementation of this policy; the community is free to determine whether there is a reason to suspect lack of consent in these cases, and may propose media for deletion on this basis. |
|||
*There can be no presumption of consent for uploads of sexual content of somewhat unclear provenance (e.g. from a "random Flickr account"). These require positive evidence of subjects' consent. |
|||
*The issue of subject's consent does not arise for drawings and other non-photographic representations, unless they are direct depictions (not caricatures or fantasies) of identifiable individuals. |
|||
*Material from reputably published sources that has passed into the public domain or is available on a free-licensed basis will generally be presumed to have dealt appropriately with issues of the subject's consent unless there is evidence to the contrary. This would apply, for example, to illustrations from books that have passed into the public domain, or which an organization such as Suicide Girls has released under a Creative Commons license. This includes such material from websites viewed as "[[w:WP:reliable sources|reliable sources]]" subject to an editorial process, such as medical or pornographic image archives run by professionals. |
|||
*Because of near-impossibility of verification, the subject's consent will generally be presumed for older unpublished photographs (before 1950), unless either (1) the individual in the photo is identifiable and is still alive or (2) there is evidence that the picture was taken without consent. |
|||
*Consent need not be specifically requested from identifiable persons when the picture was taken in a public place, if the surrounding events or actions make it apparent that the sexualised behavior was expected to be publicized or photographed and there is no reason to believe that the participants are unwillingly involved. |
|||
*In the case of historically significant events, media may in some cases be uploaded without the consent of the persons depicted. Such uploads should be discussed beforehand, unless similar files about the same event are readily available from other sources. |
|||
''If you find a sexual photo of yourself posted here without your consent, you do not need to go through the usual process to propose deletion of media: you may [[Foundation:contact us|contact the WMF]] directly and request an [[Meta:office actions|"office action"]] to remove the image quickly and completely without public discussion.'' |
|||
; {{anchor|scope}}Content clearly not educational or otherwise in scope |
|||
Commons has certain restrictions on content that does not contribute to the site's purpose. This is described in [[Commons:Project scope|Commons: Project scope]]. See also: [[Commons:What Commons is not#Commons is not your personal free web host|Commons is not your personal free webhost]], [[COM:ADVERT|Commons is not a place to advertise]], and [[COM:PORN|Pornographic images that do not contribute anything educationally useful to our existing collection of images are deleted]]. |
|||
== Deletion of prohibited content == |
|||
Any user can nominate a Commons file for deletion. It is not necessary to sign up for an account to propose deletion of a file (though having an account will prevent your [[w:IP address|IP address]] from being publicly recorded in association with the discussion). Commons has two types of deletions: ''speedy deletions'' (for deletions that do not need discussion) and ''deletion requests'' (where discussion is needed or preferred). |
|||
=== Speedy deletions === |
|||
Speedy deletion is only for files where deletion is not expected to be controversial. It can be requested at [[COM:SD]]. Examples of circumstances in which speedy deletion may be warranted include: |
|||
# '''Obvious copyright violations'''. These can be marked with {{tlp|copyvio|reason}}. |
|||
# '''Content that Wikimedia is not permitted to host''', if there is a valid legal reason to believe this. These can be marked with {{tlp|speedy|reason}}. As [[#Illegal content|explained above]], such content should be quickly [[Foundation:contact us|reported to Wikimedia]]. Admins who speedily delete such files should see that [[meta:Office actions|office action]] is taken to prevent distribution even to administrators. If office action is declined, the deleting admin should give notice at [[Commons:Undeletion requests]], describing the file deleted and what is currently known about its legal status. |
|||
# '''Material obviously outside of scope'''. This can be marked with {{tlp|speedy|reason}}. Scope policy is very general and sexual content is frequently deleted under this policy. However, several categories of sexual content detailed below are likely to fall within the project scope, and should ''not'' be speedy deleted. |
|||
=== Normal deletions === |
|||
When the case for deletion is controversial, it should be proposed to the community through [[Commons:Deletion requests]]. This may take a week or more to come to consensus. However, deletion requests may be closed earlier if the file clearly meets the criteria for speedy deletions. |
|||
Items likely to fall within the Wikimedia Commons project scope should not be deleted without using the normal deletion process unless they are copyright violations or illegal to host. These include: |
|||
# Images of '''literary, artistic, political, or scientific value''', or which are part of a larger work that fits those requirements.<ref>"Larger work", in the context of Commons, would include the [[Commons:First steps/Quality and description|file description]], associated talk page(s), and other "in-use" contexts such as articles on other Wikimedia projects. See [[w:Kois v. Wisconsin|Kois v. Wisconsin]] for Supreme Court ruling. It may also be seen more generally: the musical ''[[w:Hair (musical)|Hair]] has a nude scene; ignoring any copyright issues which might arise, images from a production of ''Hair'' would serve to document a work widely considered to have artistic value.</ref> |
|||
# Artworks, '''including, but not limited to, paintings, engravings, etchings, lithographs, needlework, artistic photography and film segments,<!-- 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> |
|||
# Material that is '''realistically useful for an educational purpose'''. Note that an image may be realistically useful for an educational purpose even if it is unlikely to have been created for such a purpose. Some categories of material which are generally useful for an educational purpose include: 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> high quality images of body parts,<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. |
|||
# Other material that '''is or has been in use''' on the Commons or another Wikimedia project for educational purposes.<ref>A media file that is in use on one of the other projects of the Wikimedia Foundation is considered automatically to be useful for an educational purpose. Such a file is not liable to deletion simply because it may be of poor quality: if it is in use, that is enough. Exclusive use of a file in userspace does not constitute educational purpose.</ref> |
|||
# Material whose use is supported by existing '''consensus''' on a Wikimedia project. |
|||
# Content which is '''notable''' or whose creator is notable. |
|||
Works which fall within one or more of those categories are generally acceptable on Commons. Borderline cases should ''always'' go through the full deletion review process. |
|||
=== Deletion at the subject's request === |
|||
If Commons hosts a media file of you: |
|||
*which was taken in a private, non-public context; |
|||
*which shows you wholly or partially nude and/or engaged in sexually explicit conduct; and |
|||
*which you would like removed from Commons for privacy reasons |
|||
then please [[Foundation:contact us|contact the Wikimedia Foundation]]. Your communication will be confidential and will only be viewed by trusted volunteers who have identified themselves to Wikimedia Foundation by name. For further information see [[Meta:OTRS]]. |
|||
==Working with sexual content== |
|||
=== File descriptions === |
|||
Descriptions of media files and category names related to sexuality should always be written in a style oriented toward encyclopedic and educational intent. Unless there is good reason for file names or descriptions on Commons to follow 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. Users who do not have permission to rename files can request a rename using the {{tl|rename}} template. |
|||
=== Categories === |
|||
Due to viewer sensitivity, it is important to follow the advice of [[Commons:Categorization]], particularly regarding [[Commons:Categories#Over-categorization|over-categorization]]. Images belong only in the narrowest applicable categories. The use of whipped cream in a sexual context should be placed in [[:Category:Whipped cream fetishism]], not [[:Category:People eating]]. When a reader wouldn't expect sexual images in a category, it is best to create a new subcategory appropriate for the sexual content even if the number of images is small. For example, [[: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]]. |
|||
==Legal Issues== |
|||
The United States and the state of Florida, where Wikimedia Commons' servers reside, have laws which restrict [[w:obscenity|obscenity]] and sexual depictions of minors.<ref name="olflorida">[http://www.flsenate.gov/statutes/index.cfm?App_mode=Display_Statute&URL=Ch0847/ch0847.htm 2009 Florida Obscenity Statutes]</ref><ref>Jurisdiction has not been verified by Wikimedia's legal team, and is complicated by the fact that the domain name and corporate headquarters are in San Francisco, California.</ref> |
|||
=== The Child Protection and Obscenity Enforcement Act === |
|||
In the United States, the [[w:Child Protection and Obscenity Enforcement Act|Child Protection and Obscenity Enforcement Act]] ({{usc|18|2257}} & {{usc|18|2257A}}) 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" /> |
|||
Wikimedia Foundation's counsel has advised that Wikimedia Commons and other projects are 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?diff=39225950&oldid=39225824 Statement by Mike Godwin, Wikimedia Foundation General Counsel, from 14 May 2010]</ref> However, editors who have produced such media, as well as content reusers, may have record-keeping obligations if they qualify as a primary or secondary producer under the act.<ref name="USC2257">The requirements are detailed in {{usc|18|2257}} and {{usc|18|2257A}} record keeping requirements.</ref> |
|||
Whenever possible, media with potential 2257 record-keeping requirements should be marked with the {{tl|2257}} template to warn commercial content reusers in the United States about possible legal obligations. To facilitate such distribution, uploaders may wish to provide contact information for 2257 documentation requests in the file description. Wikimedia Commons does not request and may not accept copies of identification cards and affidavits as a matter of [[COM:SCOPE|project scope]]. Editors from ''any'' country are strongly urged, for their sake and ours, not to upload sexually explicit photographs if they are not entirely confident that those shown are 18 or older. |
|||
2257 requirements apply specifically to sexual content that includes subjects of legal age. If content is of child nudity which does not qualify as sexual, then 2257 notifications are not needed. On the other hand, if child nudity is identified as sexual, then it should not be tagged with a 2257 template or amended to include 2257 information; it should be deleted and reported to the WMF. |
|||
No record keeping requirements exist for illustrations or for old photographs proven to be produced before November 1, 1990. With respect to "depictions of actual sexually explicit conduct consisting of only lascivious exhibition or depictions of simulated sexually explicit conduct," {{usc|18|2257A}} record keeping regulations apply only to works originally produced after March 18, 2009.<ref>[http://www.justice.gov/criminal/optf/guide/2257-compliance-guide.html C.F.R. Part 75 Small Business Compliance Guide-Frequently Asked Questions]</ref> |
|||
''Wikimedia cannot offer legal advice to performers, photographers, or uploaders; producers and content reusers of any type should consult a third party to determine what records they are responsible for maintaining and for what duration.''<ref>For further information, see the [http://www.justice.gov/criminal/optf/guide/2257-compliance-guide.html C.F.R. Part 75 Small Business Compliance Guide-Frequently Asked Questions] and {{cite web|url=http://www.eff.org/issues/bloggers/legal/adult|title=Bloggers' Legal Guide: Adult Material|publisher=[[w:Electronic Frontier Foundation|Electronic Frontier Foundation]]|year=2010}}</ref> |
|||
=== Obscenity law === |
|||
Historically, the United States engaged in pervasive censorship of many types of sexual content, modified by a succession of Supreme Court cases from [[w:Jacobellis v. Ohio|Jacobellis v. Ohio]] (1964) to [[w:Miller v. California|Miller v. California]] (1973). Obscenity prosecutions of adult sexual content, sexual art, or caricatures depicting apparent minors have become rare and unpredictable; however, explicit sexual content depicting actual minors has received no protection, and prohibitions against it are strictly enforced. |
|||
Because Commons is designed to be a repository of educational media, all works on Commons should pass the [[w:Miller test|Miller test]], a precedent which emphasizes that a work is not obscene if it does not "appeal to prurient interest" or if it has "serious literary, artistic, political or scientific value." Similarly, {{usc|18|1466A}} prohibits a number of types of [[w:Legal status of cartoon pornography depicting minors|cartoon pornography depicting minors]] in cases where they "lack serious literary, artistic, political, or scientific value." For these reasons, it is important to enforce scope policy as described above to ensure that our works enjoy the protection of these exceptions from obscenity law. |
|||
There is an open legal question about the community standards which are used in applying these tests, which we do not attempt to resolve here. Because of the complex, subjective nature of obscenity law, work should not be speedy deleted on the basis of perceived obscenity, or based on {{usc|18|1466A}}. |
|||
==Notes== |
|||
{{reflist}} |
|||
==Previous proposals== |
|||
:''These previous proposals have been proposed by the community:'' |
|||
# [[m:Proposals_for_new_projects/Archive_1#WikiPorn|WikiPorn proposal]] - failed 2004 project proposal at Meta-Wiki |
|||
# [[Commons:Wikiproject:Erotica/image_level_demo|A sandbox / demonstration of media filtering]] (April 2010) |
|||
# [[Commons:Sexual content/2009]] Original COM:SEX proposal, started December 2008 with final revision January 2009. (rejected by consensus) |
|||
# [[Commons:Sexual content/April 2010]] - an evolution of January 2009 proposal. (also rejected by consensus) |
|||
# [[/Deletion log]] a list of deletions made under [[User:Jimbo Wales|Jimbo Wales']] cleanup [[User_talk:Jimbo_Wales/Archive/2010/5#Note|directive]] |
|||
==See also== |
|||
*[[Meta:2010 Wikimedia Study of Controversial Content]] - specifically [[m:2010_Wikimedia_Study_of_Controversial_Content:_Part_Two#“Controversial”_Images_within_WMF_Projects|“Controversial” Images within WMF Projects]] |
|||
Latest revision as of 06:13, 15 January 2021
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.)