Not Censorship, just good business
A lot of the concerns with showing nudity on the site are summarized here:
Without proper record keeping, I could be personally liable for felony charges with both monetary fines and 5 years in prison. Additionally, if one of the images turns out to have been a minor, I believe I could face up to 15 years.
There was Absolutely no talk of "censoring" images in the galleries. It is a business concern first and foremost. In retrospect, I realize I should have posted information about this before we removed those images. So, please accept my apologies for the confusion.
We will include some info in the next forum newsletter, and the committee is looking at updating some of the rules of the forum so this issue will be more clear to new users as well.
In The Interest of the Photographers
Originally Posted by Mark Levesque
First of all "sexually explicit content" is, as is defined by article 2256, shown in our gallery. They define it as:
(v) lascivious exhibition of the genitals or pubic area of any person;
(10) “graphic”, when used with respect to a depiction of sexually explicit conduct, means that a viewer can observe any part of the genitals or pubic area of any depicted person.
As for us not actually "producing" the images, you are correct because distributing the images is not seen as breaking the law.
Article (2257) Paragraph (h) section (3)
the term “produces” means to produce, manufacture, or publish any book, magazine, periodical, film, video tape, computer generated image, digital image, or picture, or other similar matter and includes the duplication, reproduction, or reissuing of any such matter, but does not include mere distribution or any other activity which does not involve hiring, contracting for managing, or otherwise arranging for the participation of the performers depicted
In that matter then yes you are correct that we are not directly liable for the distribution. However, do you think that it is appropriate that we not take these actions and let the law come down on the photographers who posted the nude images in the first place? There are some gray areas of this and we did our own research to determine if we were actually at risk. It is one of our main concerns as PPA to protect you, the photographers, from all legal issues. We have decided to take the action of removing these images to prevent a legal issue from arising, NOT to censor the photographers images.
If you want feedback on your nudes then post them on your own website and refer the forum members to them. Just keep in mind of all the legal matters that are involved in posting those kinds of images.