INDECENCY OVER THE NET - WHEN IN DOUBT, DON'T!

The Federal Communications Decency Act criminalizes certain "Indecent" or "Patently Offensive" matter which is transmitted to minors over the internet. This includes offensive photography. What is "Indecent" or " Patently Offensive" is, of course, in the eyes of the beholder. What one person considers to be a fine art print is pornography to another. The vagueness of portions of this statute led the U.S. Supreme Court to declare certain of the statute's provisions to be unconstitutional under the rights of free speech guaranteed by the First Amendment to the Constitution. The Court did, however, uphold the constitutionality of other provisions which make criminal the known transmission of certain material to minors.

Since it is virtually impossible to control who "visits" your Web site, any of your photographs which could be considered to be "Indecent" or "Patently Offensive" make you vulnerable.

If you have any doubt as to whether a particular image might be considered actionable, rest assured that there are others who probably would consider it so.

With the law still as unsettled as it is, the age old adage still applies - when in doubt, don't!