07 October 2022

“What’s being alleged is that Dyson is guilty of wrongdoing...”



James Dyson is suing Channel 4 and ITN for libel over their coverage of labour abuses at a Malaysian factory. In a report broadcast on 10th February, Channel 4 News claimed that “behind the professional image Dyson likes to portray, there’s a dark side to its supply chain, with claims of exploitation, intimidation, and even torture.”

Dyson’s defamation lawsuit does not dispute the allegations made by the factory workers. Instead, the case concerns the programme’s focus on Dyson’s company rather than the factory owner, ATA. At a court hearing in London yesterday, Dyson’s lawyer highlighted the news report’s conflation of ATA and Dyson: “Nobody disputes that this was taking place at ATA... What’s being alleged is that Dyson is guilty of wrongdoing.”

04 October 2022

“The big lie...”


State of the Union

Donald Trump has launched a defamation lawsuit against CNN, accusing them of maliciously comparing him to Hitler. CNN has used the phrase ‘the big lie’ as an umbrella term to describe Trump’s false statements about the 2020 presidential election result, to distinguish these immensely consequential falsehoods from the 30,000 other misleading claims he made during his presidency (as catalogued by The Washington Post). Trump’s lawsuit alleges, however, that ‘the big lie’ “is a direct reference to a tactic employed by Adolf Hitler and appearing in Hitler’s Mein Kampf.”

Hitler did indeed use the term ‘the big lie’ in his autobiography Mein Kampf (‘my struggle’), though he regarded it as a Jewish propaganda tactic, not as a strategy that he himself endorsed. (Specifically, he argued that General Erich Ludendorff was made a scapegoat for Germany’s defeat in World War I, and that this ‘big lie’ was paradoxically more believable.) Thus, ‘the big lie’ has no fascistic implications, as the term was used only pejoratively by Hitler. On the other hand, Trump has repeatedly described the mainstream media as “the enemy of the people”, a phrase associated with Communist dictators such as Stalin.

Trump’s lawsuit, issued yesterday, cites several CNN blog posts by Chris Cillizza, and also singles out an episode of State of the Union as defamatory. In the episode, broadcast on 16th Janaury, host Jake Tapper referred to Trump’s “deranged election lies.” Trump is seeking $475 million in damages, though the ubiquity of the phrase ‘the big lie’—it has been used by many writers and news organisations, not only CNN—makes it highly likely that the case will be dismissed.

21 September 2022

“Shamefully presents a negative image of Thai society...”


Longman Dictionary of English Language and Culture

As incredible as it may seem, thirty years ago a dictionary was burnt in the streets of Bangkok and banned by Thai police. The Longman Dictionary of English Language and Culture was published in 1992, and soon attracted controversy in Thailand, as its entry for Bangkok described the city as “a place where there are a lot of PROSTITUTES”. (The capitalisation indicated a cross-reference; it was not for emphasis.)

This mention of the city’s somewhat seedy reputation (on p. 79 of the hardback edition) infuriated some Bangkokians, who burnt the dictionary in protest, and it was officially banned on 4th July 1993. The publishers quickly removed the offending text, in time for the paperback edition.

Censorship in Thailand is frequently a face-saving measure, a form of reputation management to ensure that negative images are whitewashed from cultural representations of the country. As discussed in Thai Cinema Uncensored, this results in media, literature, and films “that present a rose-tinted view, rather than holding a mirror up to society.”

This has been the case for almost a century, as the silent film Suvarna of Siam (นางสาวสุวรรณ) was censored in 1923 to prevent the portrayal of capital punishment in the country. Similarly, one of the reasons given for the censorship of Syndromes and a Century (แสงศตวรรษ) was that it “shamefully presents a negative image of Thai society for foreign audiences.”

Bangkok Inside Out was banned here for the same reason, after the Ministry of Culture objected to its photo of a go-go bar. More than fifty years ago, the travelogue Bangkok After Dark (written by Fred Poole under the pen name Andrew Harris) was also banned for its focus on the city’s red-light districts.

11 September 2022

“I hope I can always stand on the side of the sheep...”


Sheep Village

Five publishers of children’s picture books were each given nineteen-month prison sentences in Hong Kong yesterday. They had been held in custody since their arrest more than a year ago, and were all convicted of sedition after a two-month trial. The defendants were members of the General Union of Hong Kong Speech Therapists, which has since been disbanded. They had published three books about a sheep village (羊村) facing attack by wolves, a metaphor for China’s dominance over Hong Kong.

One of the titles, The Guardians of Sheep Village (羊村守衛者), is an allegory of Hong Kong’s 2019 pro-democracy protests. Another, The Twelve Warriors of Sheep Village (羊村十二勇士), refers to a dozen Hong Kongers who were arrested in 2020 when they attempted to escape into exile by speedboat. The third book in the series, The Cleaners of Sheep Village (羊村清道夫), is a reference to medical workers who went on strike in an attempt to force Hong Kong to close its border with China at the height of the coronavirus pandemic.

District Court Judge Kwok Wai Kin condemned the publishers for what he described as “a brain-washing exercise with a view to guiding the very young children to accept their views and values”. The defendants—Man-ling Lai, Sidney Ng, Samuel Chan, Tsz-ho Fong, and Melody Yeung—had all pleaded not guilty, and Yeung said in court: “My only regret is I couldn’t publish more picture books before getting arrested.” Referring to the political analogy in the books, she added: “I hope I can always stand on the side of the sheep.”

03 September 2022

Nevermind


Nevermind

A lawsuit against grunge rock band Nirvana was dismissed by a Central District of California judge yesterday. Spencer Elden, who was photographed as a baby for the cover of the classic album Nevermind in 1991, had filed three legal actions against the band, seeking compensation for alleged sexual exploitation. Judge Fernando Olguin ruled that the ten-year statute of limitations had expired, and therefore “it would be futile to afford plaintiff a fourth opportunity to file an amended complaint.”

Although Elden was clearly unable to consent to the use of his image at the time, he has since publicly endorsed the album cover, somewhat negating the accusations in his lawsuit. Nevermind is one of the most acclaimed albums of the 1990s, and its lead single, Smells Like Teen Spirit, is one of the most iconic songs of the decade.

26 August 2022

“He went to an Imam Hatip school, that’s why he’s perverted...”


Lolipop

Gülşen, one of Turkey’s most popular singers, has been arrested after joking about the country’s religious school system. At a concert on 30th April, she teased a member of her band, saying: “İmam hatipte okumuş daha önce kendisi, sapıklığı oradan geliyor” (‘he went to an Imam Hatip school, that’s why he’s perverted’).

A video clip of the on-stage comment, filmed at the JJ Arena in Istanbul, was posted online by an audience-member. The singer has been charged with inciting hatred and division. She was detained in custody yesterday, after bail was denied. Ironically, she also appeared behind prison bars in the music video for her most recent single, Lolipop, released earlier this year.

22 August 2022

The Genius of Prince


Prince Vanity Fair The Genius of Prince

The US Supreme Court will rule later this year on a long-running copyright lawsuit between photographer Lynn Goldsmith and the Andy Warhol Foundation. Warhol was commissioned by Vanity Fair to create a portrait of Prince, and the magazine paid Goldsmith for the rights to use her black-and-white Prince photograph as the basis for Warhol’s painting. Both Warhol and Goldsmith were credited when the image was published in the November 1984 issue (on p. 67), to illustrate an article titled Purple Fame.

The dispute stems not from that original publication, but from a commemorative magazine, The Genius of Prince, released in 2016 by the publisher of Vanity Fair. The cover illustration for The Genius of Prince was another Warhol portrait, also based on Goldsmith’s photo, and this time she wasn’t credited. Goldsmith sued the Warhol Foundation, though the Foundation counter-sued and argued that Warhol’s manipulation of her image was sufficiently transformative that it did not infringe her copyright.

The precedent for transformative works constituting fair use dates to a 1993 Supreme Court verdict that permitted The 2 Live Crew’s sampling of Roy Orbison’s single Oh, Pretty Woman. Even more directly relevant is the case of another photographer, Patrick Cariou, who sued the artist Richard Prince for copyright infringement. In that instance, most of Prince’s images were deemed fair use, though the legal status of five works remains unresolved, as the appeals court was unable to “make a determination about their transformative nature” and the case was ultimately settled out of court.

11 August 2022

“I have decided to take legal action against The Economist...”



An Iraqi soap opera actress has announced that she plans to sue The Economist over its use of her photograph. The magazine used a photo of Enas Taleb to illustrate an article about female obesity in the Middle East. Taleb told the online magazine New Lines: “I have decided to take legal action against The Economist... I am demanding compensation for the emotional, mental and social damage this incident has caused me.”

The article, headlined Weighty Matters, appears on p. 34 of the current issue (vol. 444, no. 9,307) of The Economist, published on 30th July. The Economist was last successfully sued for damages in 2004, after it alleged “a whiff of nepotism” in the appointment of the Singaporean Prime Minister’s wife as head of a state investment agency.

10 July 2022

Kaali


Kaali

Indian filmmaker Leena Manimekalai is facing potential blasphemy charges after public outrage over the poster for her film Kaali. Manimekalai, who is based in Canada, portrays the Hindu goddess Kali in the short film, which was shown at the Aga Khan Museum in Toronto on 2nd July. In the film’s poster, Kali is depicted smoking a cigarette and waving an LGBTQ rainbow flag. Complaints have been lodged with police in Delhi and Uttar Pradesh.

05 July 2022

Thai Cinema Uncensored


Sojourn

Thai Cinema Uncensored is reviewed in the new issue of Sojourn: Journal of Social Issues in Southeast Asia (vol. 37, no. 2). In her review (pp. 374–377), Annette Hamilton writes: “This is a great read not just for those interested in film, but for anyone trying to understand the nexus between culture and politics in Thailand in recent times.” She concludes: “This book is a valuable addition to Thai cinema studies. It is well-written and instructive.” (The book has previously been reviewed by the Bangkok Post newspaper, Art Review and The Big Chilli magazines, and the 101 World website.)

Thai Cinema Uncensored


The 101 World

The Thai news website The 101 World reviewed Thai Cinema Uncensored on 21st January 2021. (The book has also been reviewed by the Bangkok Post newspaper, and Art Review and The Big Chilli magazines.)

In his 101 World review, headlined “ภาพยนตร์ไทยไม่ต้องห้าม” (‘Thai movies are not forbidden’), Matt Changsupan writes: “นอกจากข้อมูลที่อัปเดตมากๆ... ได้ให้ภาพของการตั้งคำถามเกี่ยวกับการเมืองการปกครองร่วมสมัยผ่านภาพยนตร์ได้อย่างค่อนข้างครบถ้วน” (‘in addition to its very up-to-date content... it provides a rather complete picture of the questioning of contemporary politics through film’).

29 June 2022

Boiled Angels:
The Trial of Mike Diana


Boiled Angels

Boiled Angel / Answer Me!

In 1994, cartoonist Mike Diana was convicted of producing and distributing obscene material, after Florida police obtained copies of his zine Boiled Angel (issues 7 and 8). Its twisted humour was certainly provocative—zine bible Factsheet Five described it as “designed to turn your stomach”—though this was precisely Diana’s intention. As he says in the excellent documentary Boiled Angels: The Trial of Mike Diana: “My goal was to make the most offensive zine ever made.”

Following the guilty verdict, Diana was denied bail. After four days in custody, he was fined $3,000 and sentenced to 1,248 hours of community service. The documentary, by horror director Frank Henenlotter, features interviews with Diana, his family, and the defence and prosecution attorneys. It’s a thorough recounting of Diana’s trial, and it also gives plenty of historical background on the Comics Code and the underground comix movement.

Diana’s case was very similar to that of Mark Laliberté, whose comic zine Headtrip (issues 1 and 2) was accused of obscenity in Canada. Laliberté and Diana had traded zines, and Laliberté’s copies of Boiled Angel were also cited in the Headtrip obscenity trial. The failure to secure a conviction in Canada perhaps made the US authorities all the more eager to prosecute Diana in Florida. (At least, that’s what Laliberté alleges in the documentary.)

Zap Comix / Nasty Tales / Meng and Ecker

Although Diana is the only artist ever convicted of obscenity in the US, there have been other prosecutions of comic art. Booksellers in New York were fined for stocking Robert Crumb’s Zap Comix (specifically the ‘family values’ parody Joe Blow in issue 4; charges against Zap’s publishers, the Print Mint, were later dropped). In a similar case in the State of Washington, booksellers were prosecuted in relation to Jim Goad’s zine Answer Me! (issue 4, with a cover illustration by Mike Diana), though they were eventually acquitted.

There have also been a handful of obscenity cases against comics in the UK. Charges against Oz magazine (issue 28) and the Nasty Tales comic (issue 1) were both related to Robert Crumb cartoons, and Crumb’s book My Troubles with Women was seized by customs in 1996. (In all three cases, the charges were eventually dropped or overturned.) David Britton was found guilty on obscenity charges relating to his novel Lord Horror and his comic Meng and Ecker (issue 1); the charge against the novel was overturned on appeal, though the conviction of the comic was upheld.

Ulysses


Ulysses

This year marks the centenary of James Joyce’s masterpiece, Ulysses, which was first published in Paris in 1922. The book was officially banned in the UK and the US for more than a decade, declared obscene by customs officers on both sides of the Atlantic. (The US ban even predated the novel’s Paris publication, as the editors of the literary magazine The Little Review were convicted of obscenity in 1921 after serialising it.)

Random House sought to publish an American edition, and imported a copy from Paris to test the waters in 1932. The following year, New York City District Court judge John M. Woolsey ruled that the book was not obscene, leaving Random House free to publish it in the US. In his summing up, the judge argued that the novel was disgusting rather than titillating: “whilst in many places the effect of Ulysses on the reader undoubtedly is somewhat emetic, nowhere does it tend to be an aphrodisiac.” (The same argument was made by the Appeals Court judge in the Oz obscenity trial almost forty years later.)

Despite having read only forty-two pages of the novel, the UK’s Director of Public Prosecutions, Archibald Bodkin, dismissed it as “a great deal of unmitigated filth and obscenity.” All copies brought into the UK were therefore confiscated by customs, until Bodley Head—encouraged by the US verdict—released a British edition in 1936. No longer imported from overseas and seized under the Customs Consolidation Act, the book was henceforth subject to the Obscene Publications Act, which has a higher burden of proof. The Attorney-General, David Somervell, advised that such a conviction would be unlikely, and the Bodley Head edition faced no legal challenge from the government.

The next landmark cases in US and UK obscenity law both came in the late 1950s. Samuel Roth was jailed in 1957 after the US Supreme Court ruled that his quarterly book series American Aphrodite (vol. 1, no. 3), published in 1951, was obscene. The case set a precedent as the judgement redefined obscenity as material which “taken as a whole appeals to the prurient interest”, thus preventing courts from convicting literature based on isolated extracts. Similarly, in 1959 the UK’s Obscene Publications Act added a stipulation that any material under scrutiny be considered in whole rather than in part. This led directly to the acquittal of D.H. Lawrence’s novel Lady Chatterly’s Lover in 1960.

18 June 2022

Pääministerin morsian



Matti Vanhanen, Prime Minister of Finland from 2003 to 2010, was largely seen as rather bland during his two terms in office. That reputation was briefly tested when a book by his former girlfriend, a caterer called Susan Kuronen, was published in 2007.

There was nothing scandalous about Vanhanen’s relationship with Kuronen—he and his wife were already divorced—so her somewhat tawdry kiss-and-tell book, Pääministerin morsian (‘the Prime Minister’s bride’), had no real public-interest defence. In fact, more than 50,000 Finns signed a petition calling on bookshops to refuse to stock it.

Vanhanen sued the publisher for invasion of privacy, as the book included personal text messages he had sent to Kuronen during their relationship. He sought $1,450 in damages (plus $83,200 in royalties and profits), and initially lost the case, though he won on appeal, a decision upheld by Finland’s Supreme Court in 2010. Kuronen lost her appeal at the European Court of Human Rights in 2014, seven years after Vanhanen’s lawsuit was first filed.


The case has interesting parallels with former UK prime minister John Major. Like Vanhanen, Major was perceived as grey and dull (a reputation caricatured by Spitting Image), and he also sued over reports of an alleged affair with a caterer. In that case, however, the allegation was false, though Major was having an affair with one of his ministers, Edwina Currie, at the time.

08 June 2022

No Love Deep Web


No Love Deep Web

No Love Deep Web has one of the most provocative covers of any album: an uncensored photograph of an aroused phallus. Specifically, the organ belongs to Zach Hill, the drummer from the band Death Grips, and the record was released in 2013. (The album was rereleased in 2020 with a plain slipcase.) Frontal nudity on record sleeves is very rare, and this is the first and only erection on an album cover.

Penis Landscape

Perhaps the closest equivalent is the explicit H.R. Giger painting Penis Landscape, which was issued as a poster with the Dead Kennedys’ LP Frankenchrist. After a fourteen-year-old girl bought that album in California, her mother made a police complaint, and the record label was charged with distributing harmful material to minors. (Coincidentally, another music-related obscenity case was also unwittingly instigated by a fourteen-year-old girl: the daughter of a Canadian police officer bought the Dayglo Abortions albums Here Today Guano Tomorrow and Feed Us a Fetus, and her father filed an obscenity charge.)

Home


Home

Canadian band Numenorean caused controversy in 2016 by using a post-mortem photograph of a two-year-old girl as the cover for their debut album Home. (On the CD version, the exploitative cover is inside a slipcase.) Kristen MacDonald was killed by her father in 1970, in a well-documented murder case, and the band explained their use of her image in the album’s liner notes: “Perhaps what we are really searching for is the innocence that we once had as a child. However, since we are incapable of ever getting that back, the only place we can perhaps find this comfort once more is in death.”

The first photograph of a dead body on a record cover was perhaps the Dead Kennedys’ single Holiday in Cambodia, released in 1980. The 12" single appropriated Neal Ulevich’s image of a public lynching after the 6th October 1976 massacre. Proposed cover art for the Pain Killer album Guts of a Virgin—an autopsy photo of a woman with her intestines exposed, in a tasteless pun on the album title—was destroyed by UK customs in 1991 as potentially obscene, and the album was released with a censored cover. (The uncensored photo was used for the Japanese CD release.)

02 June 2022

“It sets back the clock...”


Fairfax County Circuit Court

Johnny Depp has won his defamation case against his ex-wife Amber Heard, after the trial concluded yesterday. Depp had sued Heard for libel in relation to three sentences in an op-ed she wrote, and Heard counter-sued Depp over three quotes attributed to his lawyer. Although Heard won in one of those instances, the trial was a victory for Depp, who won in all three of his cases and was awarded the maximum legal entitlement of $10 million in damages.

Depp’s lawsuit related to a Washington Post op-ed published in 2018, in which Heard described her personal connection to domestic violence: “I became a public figure representing domestic abuse, and I felt the full force of our culture’s wrath for women who speak out.” She also wrote: “I had the rare vantage point of seeing, in real time, how institutions protect men accused of abuse.” The jury determined that both statements defamed Depp, even though he was not named in the article. They also concluded that the op-ed’s online headline (“I spoke up against sexual violence — and faced our culture’s wrath. That has to change”) was defamatory, and that Heard was liable for this even though she had not written it. (Like other headlines, it was written by a subeditor.)

Heard counter-sued for $100 million over three statements issued by Depp’s lawyer, Adam Waldman, to the Daily Mail. Waldman was first quoted in the Mail on 7th April 2020 (on p. 38), and on the newspaper’s website the following day: “Amber Heard and her friends in the media use fake sexual violence allegations as both a sword and shield, depending on their needs. They have selected some of her sexual violence hoax ‘facts’ as the sword, inflicting them on the public and Mr Depp.” He was quoted again online on 27th April 2020: “we have reached the beginning of the end of Ms Heard’s abuse hoax against Johnny Depp.” Those statements were not regarded as defamatory by the jury.

A third quote from Waldman, which also appeared online on 27th April 2020, was deemed defamatory, for which Heard was awarded $2 million in damages. Waldman said: “They set Mr Depp up by calling the cops, but the first attempt didn’t do the trick. The officers came to the penthouses, thoroughly searched and interviewed, and left after seeing no damage to face or property. So Amber and her friends spilled a little wine and roughed the place up, got their stories straight under the direction of a lawyer and publicist, and then placed a second call to 911.” (The Mail has deleted each of these Waldman quotes from its website, though the Washington Post has not deleted Heard’s op-ed.)

The verdict was in stark contrast to the outcome of Depp’s libel case in the UK two years earlier. He had sued The Sun after it referred to him by name as a “WIFE-BEATER” in a headline, though he lost the case and the judge described the allegation as “substantially true”. US defamation law is much stricter than that of the UK, with a requirement to prove ‘actual malice’ in cases involving public figures, making the outcome all the more surprising. The jury’s verdict seemingly reflects their belief that Heard deliberately falsified her abuse claims in a vendetta against Depp.

Perhaps the key difference between the UK and US cases is that the former was decided by a judge whereas the latter was a jury trial. The US trial was televised, and Heard had been convicted in the court of public opinion long before the jury’s verdict was announced. It’s possible that the (unsequestered) jury was influenced by the extensive coverage the trial received on social media, which was overwhelmingly negative towards Heard, or that the jurors themselves formed the same opinion of her as the armchair pundits.

After the verdict, Heard described it as a retrograde decision: “It sets back the clock to a time when a woman who spoke up and spoke out could be publicly shamed and humiliated.” Depp, on the other hand, welcomed the apparent vindication of his “quest to have the truth be told”. (Heard and Depp were photographed in Fairfax County Circuit Court by Jim Lo Scalzo.)

26 May 2022

สงครามเย็น (ใน)ระหว่าง โบว์ขาว



Kanokrat Lertchoosakul’s book สงครามเย็น (ใน)ระหว่าง โบว์ขาว (‘the Cold War (in)between the white bow’), published last year, examines the roles of successive generations in the current Thai political protest movement. Kanokrat argues that the present government, which came to power in a military coup, is a remnant of the Cold War era, when authoritarianism was accepted by society at large. (Director Apichatpong Weerasethakul discusses this older generation’s submissive attitude in Thai Cinema Uncensored: “disruption of the flow and unity is a really big deal. Like my Mum... she is in the generation of Sarit [Thanarat], all these people who were very powerful.”) On the other hand, today’s students are much less tolerant of Thailand’s top-down culture, and in 2020 the Free Youth anti-government group encouraged high school students to wear white ribbons as a symbol of resistance.

What’s most remarkable about the book is its inclusion (on p. 57) of the Dao Siam (ดาวสยาม) front page that sparked the 6th October 1976 massacre. (The newspaper falsely accused Thammasat University students of lèse-majesté, and vigilantes stormed the campus.) For more than thirty years, there was an unspoken prohibition against reproducing Dao Siam’s incendiary headline and photo. Sarakadee (สำรคดี) magazine broke the taboo in its June 2012 issue, though other publications have only recently followed suit. The front page has appeared in only three other books, all published within the last three years: 45 ปี 6 (‘45 years of 6th Oct.’), Prism of Photography (ปริซึมของภาพถ่าย), and Moments of Silence. Heavily obscured by overpainting, it’s also part of Thasnai Sethaseree’s new Cold War exhibition at MAIIAM in Chiang Mai.

04 May 2022

Shadow Dancing:
Where Can We Find a Silver Lining in Challenging Times?


Shadow Dancing

The group exhibition Shadow Dancing: Where Can We Find a Silver Lining in Challenging Times? opened on 17th March at the Jim Thompson Art Center in Bangkok. It’s the second in a series of exhibitions that explore the aftermath of the Cold War, after last year’s Future Tense. This time, the emphasis is on Taiwan and Thailand, and the highlights are two video installations: Paths to Utopia by Ting-Ting Chen and ANG48 by Chulayarnnon Siriphol.

Ting-Ting Chen is Taiwanese, though the various elements of her Paths to Utopia installation have a global and specifically Thai focus. The video was inspired by the movie The Beach, which portrayed Thailand as both a tropical paradise and as the centre of a violent drug trade. (When The Beach was released in Thailand, a group of MPs called for it to be banned, and there were protests at its Thai premiere.) The artist juxtaposes idyllic shots of Phi Phi island (where The Beach was filmed) with a collage of news footage of anti-government protests, showing that achieving utopia is a contested process and that picture-postcard scenery doesn’t reveal the whole truth.

Chulayarnnon’s ANG48 is a two-channel video installation whose full title is ANGSUMALIN48 / ANG48 / Alliance of Nippon Girls 48 (อังศุมาลิน 48 หรือ เอเอ็นจี 48 หรือ พันธมิตรสตรีนิปปอง 48). Like Paths to Utopia, it was also inspired by an existing movie—Sunset at Chaophraya (คู่กรรม)—and clips from that film are repurposed to create a new narrative. (Sunset at Chaophraya, based on a classic Thai novel, has been remade numerous times, though ANG48 uses footage from the original 1988 film version. On the Art Center’s website, one letter—อ—is missing from the full title of Chulayarnnon’s video.)

Chulayarnnon often creates fictional characters, or appropriates them from existing sources, giving them new biographies—most elaborately in his Museum of Kirati exhibition and the accompanying book Kirati Memorial (หนังสืออนุสรณ์กีรติ). In ANG48, he conjures up a new science-fiction backstory for Angsumalin, the heroine of Sunset at Chaophraya, which he combines with his short film Birth of Golden Snail (กำเนิดหอยทากทอง). That film was banned from the Thailand Biennale, and ANG48 includes clips from it alongside a new voice-over by the female protagonist, who explains that Thai soldiers forbade her from making Japanese desserts: “from now on the mochi I made would be a forbidden sweet. No consumption, production, or sale... I was very sad but had to keep my feelings inside.” This metaphor for the censorship of Birth of Golden Snail is followed by a shot of the rejection letter from the Biennale.

Like Planetarium, his segment of 10 Years Thailand, ANG48 is a summation of Chulayarnnon’s recent video works. Along with clips from Birth of Golden Snail, it also incorporates footage from his music video The Internationale, his short film Golden Spiral, and his Parade of Golden Snail (ขบวนแห่หอยทากทอง) performance. Birth of Golden Snail will be available to stream from 4th to 6th May, and ANG48 on 6th May, both as part of the online event Re/enacting History and Decolonizing Genteel Romance in Thailand and Asia. Shadow Dancing closes on 5th June.

27 April 2022

“Conspiracy to corrupt public morals...”


Ladies Directory Classified

Alfred Barrett’s lonely hearts magazine The Link, founded in 1915, was certainly ahead of its time. It published personal ads, though as its masthead proudly proclaimed, they were “NOT MATRIMONIAL” in nature. So if people weren’t looking for a spouse, what could they be looking for...? The Metropolitan Police pondered that very question, after R.A. Bennett—editor of another magazine, the moralistic Truth—sent copies of The Link to Scotland Yard.

Bennett suspected that some of The Link’s classified ads were coded messages written by gay men. One example, which he underlined with a literal blue pencil, was by someone “anxious to correspond with friend. Must be same sex, affectionate, and amiable”. Homosexuality was illegal in Britain at the time, and the police seized not only copies of The Link but also letters sent to the box numbers advertised. Barrett was convicted of conspiracy to corrupt public morals in 1921, and sentenced to two years’ hard labour.

Forty years later, in 1961, another publisher was convicted of the same offence. Frederick Shaw’s Ladies Directory, founded in 1959, was a catalogue of ads placed by prostitutes (the equivalent of the ‘tart cards’ left in phone boxes). Shaw himself had sent his publication to the Director of Public Prosecutions, seeking guidance on its legality. He got his answer when the DPP charged him with conspiracy to corrupt public morals, and after his conviction he served nine months in prison. The charge—which set a legal precedent—related specifically to issues 7–10 of the Ladies Directory. (My copy of number 8 is an undated and unpaginated A5 booklet.)

In 1965, Way Out led a revival of the lonely hearts magazine, and soon inspired imitators such as Exit and numerous others. In his authoritative Encyclopedia of Censorship, Jonathon Green noted that these titles “were not prosecuted, and more respectable magazines began to run lonely hearts columns that might have been indictable in earlier years.” H.G. Cocks, however, in his book Classified: The Secret History of the Personal Column, demonstrates that these titles were indeed prosecuted for conspiracy to corrupt public morals: “The way the police in Britain investigated smalltime magazines like Exit and Way Out while their American counterparts merely shrugged as their own swinging industry exploded, tells us everything about the differences between the two countries.” (Classified’s coverage of the investigation into Exit and Way Out sets it apart from other books on censorship in Britain.)

The last major conviction for consiracy to corrupt public morals came in 1970, when three publishers of the underground magazine International Times received suspended sentences. In 1969 (issues 51–56), IT published a column of gay personal ads (Males), and this gave the Metropolitan Police the excuse they needed to prosecute the magazine, after several previous speculative raids on its offices. In an echo of the investigation into The Link fifty years earlier, and notwithstanding the legalisation of homosexuality in 1967, the police seized hundreds of letters sent in reply to the ads. The editors of a more famous underground title, Oz, were acquitted of conspiracy to corrupt public morals in 1971, though after a prolonged trial they were found guilty of obscenity (a verdict later overturned on appeal).