This article belongs to the lore of Kouralia.

Crown Pornographer (Kouralia)

Revision as of 19:34, 24 January 2022 by Kouralia (talk | contribs) (→‎Inspectorate of Pornography)
(diff) ← Older revision | Latest revision (diff) | Newer revision → (diff)
Jump to navigation Jump to search

The Crown Pornographer is a senior official under the Chancery of Culture, Arts & Sports of the Kouralian government. The post is held by an Adjutant Clerk, meaning the office-holder is a politically-neutral career administrator of the Central Government bureaucratic service, the Crown Adjutant Clerk Corps. The post is responsible for overseeing the small staff of the Kouralian Pornography Office which is part of a Justiciable Department. The Crown Pornographer is also reported-to by the heads of the Pornographic Licensing Office and the Inspectorate of Pornography.

Responsibilities

The Responsibilities of the Crown Pornographer include the day-to-day running of the Pornography Office within the Chancery of Culture, Arts & Sports. They are responsible for executing the Cultural and Media strategy of the of Culture, Arts & Sports insofar as it relates to Commercial Pornography. They also oversee the activities of the Director of Pornographic Licensing and the Director of Pornographic Inspection. This includes working with the Assistant Chancellor of Visual Arts to produce the Crown Pornographic Regulations which are a form of secondary legislation produced on the authority of a Justiciar where Primary Statute allows for it. These establish regulatory requirements unique to commercial pornographic media production and publishing as well as precisely defining the classifications of Indecent Images.

Pornography itself is defined as Still or Moving Images, Pseudo-Images, or Artistic Images. Moving Images are naturally videos, while Pseudo-Images are those made by computer-graphics or otherwise which appears to be a photograph. Artistic Images are those with no basis in photography or a real-world image, such as hentai. Pornography is defined as being either Personally or Commercially Produced, and either Personally or Commercially Published. Whilst fully defined under the regulations, the principal difference between Personal and Commercial Pornography is whether or not reward occurs or is intended, financial or otherwise. Two consenting adults filming sexual activity between themselves would be Personally produced and therefore not subject to licensing requirements, even if it were produced by celebrities and intended to be subsequently 'leaked' to a news outlet for direct payment and indirect financial gain through career exposure. However, were the two consenting adults to procure the services of another to operate the equipment for them, still intending to disseminate the moving images for financial gain, then it would constitute Commercial Production of Pornography and both would require Licenses. As with many Publishing and Display licenses, there are specific exemptions from 'Commercial Status' even if money changes hands. If the money is collected purely for a charitable cause then no Pornographic Publishing License is required.

Subordinate Offices

Pornographic Licensing Office

The Licenses issued by the Pornographic Licensing Offices are required to either Commercially Produce or Commercially Publish Pornography within the meaning of the Crown Pornographic Regulations. A named indiviual, present on-set whilst any sexual activity is being captured, must hold a Commercial Pornographic Production License, and they are personally responsible for compliance with the Regulations. Any company responsible for Commercially Publishing pornography is required to have a full-time Designated Pornographic Supervisor (DPS) who is again personally responsible for compliance with the regulations. Any person whose acting role in Commercially Produced pornography involves sexual activity with another also requires a Pornographic License. All licenseholders are personally responsible for remaining compliant with the Regulations insofar as they relate to their activity within the production or publishing of pornography, with further liability attracted on the part of the officers of any involved company or the corporation itself, depending on the nature of any infraction.

Pornographic licenses are fixed-term, and require payment of a processing fee as well as submission of supporting documents. A Pornographic Actor's License typically lasts for six months and requires a negative STD test result from an approved provider, taken within 14 days of the application.

Inspectorate of Pornography

The Inspectorate of Pornography is a typical, if niche, example of law enforcement Regulatory Inspectorates. Their work theoretically encompasses any and all offences relating to the production or publishing of Indecent Images or of Pornography that is non-compliant with the Crown Pornographic Regulations. This ranges from holding national responsibility for classifying indecent images, being the official reporting gateway for ISPs and other internet businesses who identify and remove indecent images from their websites, carrying out on-the-spot inspections of pornographic industry sets, and preparing files for the Crown Prosecutor's Office in cases of criminal offences. The Inspectorate of Pornography regularly liaises with Territorial Watches to have staff accredited as Special Inspectors to facilitate powers of arrest, search, and seizure which are not conveyed on persons other than Constables.

The Inspectorate of Pornography is also able to issue Pornography Exclusion Notices which have the effect of suspending an individual or business' Pornography License, and from prohibiting that person or any person connected with that person or business from applying for another such license or participating in the production or publishing of pornography in an unlicensed role for the duration of the order. The legal test for a court to issue a full Pornography Exclusion Order is to the criminal standard of proof, but a Pornography Exclusion Notice issued by the Inspectorate of Pornography can be issued alongside an Interim Pornography Exclusion Order for the length of the Inspectorate's investigation into regulatory infractions.

Diplomatic Trial Controversy

The Inspectorate of Pornography was responsible for the investigation into production, possession, and dissemination of Indecent Images of children by members of the former Hobbiest Republic's diplomatic mission to Kouralia. Following the destruction of that nation in the 31st Annual Demon War in 2014, the Kouralian Crown acknowledged the demise of the Hobbiest Republic and the designation of its warp-infested former territories as terra nullius. Within 48 hours Special Inspectors of Pornography executed warrants on the residences of multiple former Diplomatic Agents of the Hobbiest Republic, searching them, arresting the Agents, and seizing material that was later sifted for relevance before being either returned to the Agents or retained by the Inspectorate. A total of thirty people, including Diplomatic Staff and both the Head of Mission and Deputy Head of Mission were subsequently charged with and convicted of offences relating to Indecent Images of Children.

Prior to Conviction, and on appeal following conviction, the High Court of Justice-seat was called upon to consider whether this act constituted a breach of statutory diplomatic immunity provisions. On both counts, the High Court of Justice-seat held that while only 48 hours had passed from the formal declaration of the demise of their Sending State by the Crown, it had been clear for some months that the situation on the Ceffytlirian Peninsulae was such that the Hobbiest Republic no longer existed. Evidence subsequently showed that whilst knowing their activity was illegal, those involved had in fact continued to engage in such behaviour after the point where it was clear they would imminently cease to have cause to be Diplomatic Agents. No evidence was gathered prior to the Acknowledgement of the Demise of the Hobbiest Republic beyond frequent repeated indication that IP Addresses associated with the Diplomatic Mission and private residences of Diplomatic Agents had been used to access and distribute indecent images of children. This behaviour had been noted for years without being acted on prior to the granting of warrants by a Sherriff. The Inspectors were noted to have been diligent in minimising collateral intrusion into Diplomatic Material, and were regarded to have done all they could to ensure that diplomatic documents were not subject to interrogation through a detailed seize and sift process carried out in the presence of the former Head of Mission, their Advocate, and independent experts on International Relations and on Criminal Procesdure.

Following conviction, the sentences handed down varied from those with suspended terms of imprisonment to sentences of such length that those found guilty remain in custody to this day. Those who had their sentences suspended or who had been released from prison are all believed to have subsequently left the Crown Union despite being entitled to a refugee status following the demise of the Hobbiest Republic that was not able to be denied.

A subsequent Public Inquiry was both highly critical and also full of praise for the involved organisations. The investigating team from the Inspectorate of Pornography, Kurton City Watch, and Treasury Guard was commended for their diligent work and for managing to work within the boundaries of statutory provision on diplomatic immunity in spite of the situation creating new unique case law. However, the Inspectorate of Pornography and elements of the Foreign Affairs Justiciary were severely criticised for failure to correctly share the information that led to their suspicions about the Hobbiest diplomats in the first place. The Inquiry was clear that it considered there had been sufficient grounds to declare most, if not all, of those convicted persona non grata and expel them from Kouralia prior to the demise of the Hobbiest Republic. In some cases this could have happened years before the 31st Annual Demon War. Whilst those with the seniority to commence such processes were never informed, it was held that all responsible should have known their obligation to share information and to act on that information extended beyond the extent to which it had been shared. In conjunction with evidence gathered following the execution of the warrants in 2014 it is believed that up to 100 children, many of whom have not been identified, may have been exposed to abuse as a result of this failure. Three Adjutant Clerks resigned as a result of the Inquiry, though none were subject to any legal proceedings or disciplinary process beyond what was considered 'lessons learned.'

Incumbent

Auxesya Byraþyuryn
Secretary-General of Pornography
Incumbent
Assumed Office 2019
Justiciar Kessya Mirellys
Justicial-Chancellor of Culture, Arts & Sports
Predecessor Sir Dyræl Eyrean
Personal Details
Born 27 April 1969,
Yarræn Kouralia

The incumbent Crown Pornographer is Auxesya Byraþyuryn, a career Adjutant Clerk of 27 years service. Born and educated in Yarræn in the Kouralian Farlands in 1969, she read Classical History at the University of Kurton with a Masters specialising in Classical Kouralian society's preservation of art and heritage. She began her career as a Policy Officer for the Immigration & Deportation section of the Department of National Security under the New Republic. As a Superintending Policy Officer she transferred to the Department of Agriculture, Industry, and Environment where she worked on environmental reform prior to and during the Millennial War. Following the Millennial War she was appointed as Private Secretary to the Interim-National Environment Secretary before occupying a number of other roles at Superintending and Directorial level across a variety of Government Departments.

In 2019 she was promoted from Director of Arts Exhibition within the Chancery of Culture, Arts & Sports to the post of Crown Pornographer. Her tenure has been marked by streamlining of the Crown Pornographic Regulations as well as the processes by which foreign content producers can apply for and receive short-term licenses. This has been credited by the Chancery of Trade & Enterprise with increasing foreign involvement in producing erotic media within the Crown Union.

Registered Title

As with most Adjutant Clerks, there is a difference between the so-called 'Reporting Title' and the 'Registered Title' of the position. The Reporting Title is a shorter contraction of the longer title that is recorded on the Clerk Registry - the Registered Title. The Reporting Title of Crown Pornographer is always used orally, and is used in most written correspondence too. The Registered Title of the post is the Secretary-General of Pornography, which grades them alongside Director-Generals of Non-Justiciable Dapertments or Independent Executive Departments, or alongside Under-Prefects of the Watch.