Why the British ban deserves attention

“Why the British ban deserves attention” was written for BDSMforyou.nl by Mistress Moriah.

In the United Kingdom, the government recently announced that possessing or publishing pornographic material depicting choking or strangulation will become a criminal offence. This measure stems from an amendment to the Crime & Policing Bill. The British government describes it as part of its “Plan for Change” to halve violence against women and girls.

For the BDSM community in the Netherlands, it is crucial to follow this. Because what emerges as law in the UK today may move towards the Dutch context tomorrow, whether through European regulation, international pressure or policy precedents. When a state starts regulating sexual expression under the banner of “violence”, it opens a door that can also affect consensual BDSM.

Is BDSM sexual violence?

Let's be clear: no, consensual BDSM is not sexual violence.
BDSM is about voluntary roles, negotiation, safewords and mutual trust. Violence, as the legislator means it, is about one-sided exertion of power without consent, without a safe context or aftercare.

However, when a law makes no distinction between consensual and non-consensual acts, it affects broader forms of sexual expression. And that is where it becomes dangerous.

What exactly does the ban mean?

According to the British announcement, “images or publication of pornography [in which] choking or suffocation occurs” will become a criminal offence. Platforms will be obliged to block or remove such content. Critics point out that this is regulation that criminalises sexual expression, especially because it targets an act for which, in the context of consensual BDSM, what is and is not allowed is often carefully agreed. When the legislator has no eye for differentiation, the only thing left is the risk that ‘normal’ BDSM practices end up on the chopping block.

Is the law not losing sight of its focus?

Yes, it is. The aim of protection is legitimate: preventing violence from being portrayed as ‘normal sex’. But the weapon of a ban can turn into censorship of sexual expression.
If your scene has been well negotiated, carried out safely and is enjoyed by everyone involved, why should it automatically fall under a ban? The problem then is not the violence, but its representation, and that sets a precedent for broader regulation.

In practice, this means:

Less room for pornography with extreme but consensual BDSM elements.

The risk that platforms or distributors start anticipating by adopting more expansive policies of their own.

A precedent that could also be followed in the Netherlands, under the guise of “protection”, but with unwanted side effects for the BDSM community.

How likely is it that this will spill over to the Netherlands?

Although the Netherlands has its own legal culture and tradition, there are signs that call for alertness:

European pressure on tech platforms and content regulation is increasing.

The Netherlands often follows British or American examples in sexual politics and online policy.

When an act is increasingly seen internationally as “unsafe”, and therefore politically difficult, the risk grows that regulation will be drawn more broadly.

In concrete terms: there is a not insignificant chance that a variant of this policy will also receive attention in the Netherlands. For the BDSM community, this means that prevention, awareness and active participation in policy discussions are important.

What can you do?

Start the conversation: make sure you take part in policy discussions where your voice can be heard: consensual BDSM is something different from violence.

Connect with the wider community: when you show that you talk not only about limits, but also about power, consent and safety, you build a stronger position.

Follow the law: stay informed about legislation, regulation and policy in the UK and the Netherlands.

Writing on the wall

The new British regulation is no small development. It is writing on the wall. For the BDSM community in the Netherlands, it means: don't panic, but strengthen. It is not about denying problems or risks, as there are certainly evils that need tackling, but about protecting freedom of expression, consensual sexuality and the dignity of subcultures.

If we are not vigilant, protection becomes the excuse for exclusion.

Need a little nudge?

Do you have a desire for a BDSM experience as a Dominant or submissive, and would you like to talk about it in a normal (and non-committal) way? Perhaps a live date with me or a (online/in-person/phone) coaching session can help you with this. Or book an informative, inspiring, tailor-made private workshop for the beginning Mistress/Master, single sub or for couples.

Mistress Moriah