Commons:Sexual content: Difference between revisions
Jump to navigation
Jump to search
Content deleted Content added
make ref to 2256 on definition of childpornography |
m Reverted edits by Lol smart kid (talk) to last revision by KTo288 Tag: Rollback |
||
| (570 intermediate revisions by 62 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== |
|||
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. |
|||
*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== |
|||
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/"intellectual property" concerns. |
|||
*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== |
|||
In order to maintain our focus and reputation as a high-quality repository of freely-licensed files suitable for educational use, 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. |
|||
;'''Don't upload anything illegal''' |
|||
This proposed guideline deals with these sexual content concerns. While this is a highly controversial subject and a number of previous proposals have been rejected by the Commons' community, it is also recognised that some files do not fall within our educational remit. Further, if the collection of educational files includes large quantities of sexually explicit material, it might impact our reputation. The following restrictions seek to minimise the issues which arise from sexual content, while attempting to ensure that our educational mission is not compromised. |
|||
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. |
|||
==What do we mean by sexual content?== |
|||
Additionally, Wikimedia's servers are physically located in Florida and Amsterdam.<ref>http://wikitech.wikimedia.org/view/Servers</ref> |
|||
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. |
|||
Since we are committed to complying with all laws and regulations, there are many classes of content which not permitted on Wikimedia servers. |
|||
By "sexual content" we are generally referring to: |
|||
* Images that portray sexual acts |
|||
** Vaginal, anal or oral intercourse |
|||
** Masturbation |
|||
* Images that portray sadomasochism |
|||
* Images that prominently feature genitalia |
|||
For example, Commons does not host: |
|||
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. |
|||
* 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''' |
|||
Except insofar as images prominently feature genitalia and/or sexual activity, mere nudity is not a concern in this respect. |
|||
::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. |
|||
== Content which is not permitted == |
|||
The following categories of content are not permitted on commons: |
|||
* 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 [[Commons:Precautionary principle]], sexually explicit photographs and videos where there is a legitimate concern that not all participants (in the explicit content) are above 18 years of age should be speedy deleted. |
|||
* Sexually explicit content uploaded without the consent of the participants should be deleted, when these are living or recently deceased people; exceptions should be made in cases where the subject is in some way notable, or newsworthy, & the files are not illegal for Commons to host on its servers (see relevant policies on living & recently deceased people at Commons & WP for more general policies). |
|||
* [[Commons:What_Commons_is_not#Commons_is_not_your_personal_free_web_host|Commons is not your personal free webhost]]; this policy applies equally to sexual and non-sexually explicit content. |
|||
** Sexually explicit content on user pages: see [http://en.wikipedia.org/wiki/User_page Wikipedia:User pages ] for an outline of acceptable user-page guidelines (this page should be transwiki-ed). Also refer to [http://en.wikipedia.org/wiki/Wiki_etiquette Wikipedia:Etiquette ] |
|||
''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.'' |
|||
== Evaluating other sexual content == |
|||
; Don't upload unwanted, useless content |
|||
(see [[Commons:Nudity]] for the ''current'' policy) |
|||
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: |
|||
Pornographic material may generally be speedy deleted if it is clear they do '''not''' fall into at least one of the following classifications: |
|||
* Non-notable content uploaded exclusively for purposes advertisement or promotion ([[COM:ADVERT]]) |
|||
#The specific content or the content's creator is '''notable'''. |
|||
* Highly redundant/poor quality images, such as grainy photographs taken of one's own genitals. See {{tl|Nopenis}}. |
|||
#The images are widely agreed to either be 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. |
|||
* 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.) |
|||
# 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, the full deletion process is preferred. An exception ''may'' be made in the case of user-created artwork without educational value.</ref> |
|||
# The material is "realistically useful for an educational purpose" (ref [[Commons:Project scope]]), such as diagrams, illustrations, photographs, medical photographs of diseases, 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 labelled diagrams.</ref> and illustrations of the various styles of erotic art. The material can have an educational value even if they are not created for that purpose (for exemple [[:File:Masturbating hand.jpg]] illustrating female masturbation.). |
|||
---- |
|||
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. |
|||
<references /> |
|||
* '''WARNING''' If the material is currently in use on one or more Wikipedias, and was not just added to those Wikipedias recently, then you should proceed with caution. Use the regular full deletion review process, if at all possible.<ref>Failure to do so may lead to summary desysopping, if multiple wikipedias come to complain (insert founder flag controversy here)</ref> |
|||
== 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, might be put into [[:Category:Pornographic depictions of Saint Teresa of Ávila in a political context]], instead of the main category, if necessary. |
|||
== Descriptions == |
|||
Descriptions of images related to sexuality should always be written in an style oriented toward encyclopedic and educational intent. Image names and descriptions on Commons should be as neutral as possible. |
|||
=== 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 :-)'' |
|||
==Notes== |
|||
{{reflist}} |
|||
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.)