
Legendary metal band The Scorpions are in the center of a debate over censorship after a Wikipedia entry bearing the cover of their 1976 album, Virgin Killer, was banned by a U.K. internet watchdog.
At the center of the debate is whether or not the album cover, which features a young girl completely nude (her genitals are covered with a cracked glass effect), is considered child pornography.
The Internet Watch Foundation says it is, claiming that its internal assessment found the photo to at least appear to be an illegal, indecent image of someone under 18.
However, there is a bit of a problem with that assessment, because the image has never been declared illegal, even from the time it was released. In May, the FBI apparently launched an investigation, but did not come to any conclusion.
That’s where the IWF crossed the line, because they are not allowed to censor any image unless it is deemed “illegal.”
I really don't think that the Scorpions are worth launching a debate about morals vs. aesthetics; from a purely legal standpoint, however, the image is not illegal, considering that (as the article points out) the FBI never came to a conclusion regarding its legality.
Josh
The FBI does not determine legality. That is up to the courts. The FBI determines if a case is worth pursuing and if a conviction is likely. The agency obviously decided in the negative on both counts. Until a court rules otherwise the image is legal and that's a central point of the story.
Bill