Nazi content is obviously a big bad no-go and personally I think Elon should face criminal charges or an investigation into his connections to far right groups…
As for the Cub Artwork, my opinion is that it is fictional – and it’s (currently) the same opinion the United States Legal System has about it too….
Resources:
18 U.S. Code § 2256 – Section 9 and Section 11
Section 11: “The term “indistinguishable” used with respect to a depiction, means virtually indistinguishable, in that the depiction is such that an ordinary person viewing the depiction would conclude that the depiction is of an Actual Person engaged in explicit conduct.”
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Section 9: ”“identifiable minor”— (A) means a PERSON— (i) (I) who was a minor at the time the visual depiction was created, adapted, or modified; or (II) whose image as a minor was used in creating, adapting, or modifying the visual depiction; and (ii) who is recognizable as an actual person by the person’s face, likeness, or other distinguishing characteristic.”
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Forgive me for getting super technical about this – but Tails, Klonoa, Buster Bunny and Kit Cloudkicker and other “Too Cute, Too Short Looking” furry characters are not “people” but rather fictional imaginary creations that bear no resemblance to any specific existing human person… If you’re just drawing already established fictional characters from a well known TV series or a video game or a movie – I see no harm in that, but if it’s deliberately drawing SOMEONE ELSE’S personally established Fursona that is specific to THEM, without asking prior permission, and doing it purely out of spite or malice, then yes – I can see how that would be a problem.
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Ashcroft v. Free Speech Coalition
“Persons of ordinary intelligence can discern whether a depiction is virtually indistinguishable from a photograph of a Real Person engaged in explicit conduct.”
“Congress intended for both prohibitions to reach a narrow category of material – depictions that are “virtually indistinguishable to the unsuspecting viewer from un-retouched photographic images of a Real Person engaging explicit conduct.”
In less complicated words, it means: “The average person can tell a clear difference between a drawing of fictional two-tailed fox from a video game, and a photo of an actual human being.”
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My opinion about the Laws in other countries – Any government that would waste resources and money going after people purely for CARTOON FICTION is entirely moronic and honestly evil. I do not think people should be arrested over cartoon drawings (unless those drawings promote Hate Symbols or Racist Ideologies, sure, go after THAT)….
Someone drawing artwork of Tails and Sonic “yiffing” is not committing a crime (well of course, I would get different opinions and responses to that statement on Tumblr and Twitter, but I disregard their opinions as hysterical “internet puritan” fiction cop hogwash).
The mere idea that someone in ANY country (thankfully not the USA, yet) could go to jail or prison simply for owning a fictional furry comic such as “Sheath & Knife” by Harmarist, or “Oh Brother” by Wolfblade, is quite honestly absurd and insane…. it’s a cartoon comic with fictional anthro animal people in it… nothing about it is real. It’s fiction.
I don’t believe in the concept of “Thought Crime” well I mean, it is a concept, but it’s one I do not feel aligned with and feel very strongly AGAINST… and so did Near / Byuu (R.I.P. good friend).
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I’ve noticed a Double Standard when it comes to fiction… I do not see why we don’t also treat Vore, or Macro Furry Godzilla Style City Smashing with the same level of scorn and hate…. after all, “if you like it in art, you’d probably jump at the chance to do it for real” as the saying on Twitter and Tumblr goes….
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Laws that punish people over art (unless it’s art that is full of hateful symbols or promoting racist idealogies) is a colossal waste of time and taxpayer money… even FBI workers are like “Yeah, please stop sending us reports about cartoon porn, we can’t really do anything about that…”
There was already an artist on Inkbunny from the country of France named “Bunny Bits” who nearly got arrested and thrown in jail for drawing artwork of fictional cartoon rabbit people… it was only thanks to their lawyer that they avoided doing time in jail over COMPLETELY FICTIONAL CARTOON ART…
Do laws against such art exist in other countries that AREN’T the United States? Yes… Canada, France, UK, Australia, Sweden, and Italy… but I also think those laws are stupid. The law enforcement departments should be going after the people who create and share ACTUAL CSEM that requires the harm of a real person, not some random furry artist drawing Klonoa Yiff that harms literally No One.
But hey, with the way the whole “Project 2025” thing is going, perhaps we will see a revival of such pointless laws here in America… but that’s not just going to effect “problematic cartoons” but literally ANY kind of lewd lascivious content.
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May as well just go the extra step and pre-emptively conform to the “no porn, period” policy in advance, I guess.
And after you reach the bottom of the “Purity Spiral” – and everything is “problematic” and everything must be purged… then you wind up with a website like Fur Affinity, where only the most vanilla & normie art can be posted….
It’s also the same Purity Spiral that the once great “Fchan” went down back in the early 2000s.
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OBVIOUSLY it is YOUR website and as the owners of it, YOU get to choose what stays and what goes, but I disagree with the entire concept & Twitter / Tumblr Trend of comparing fictional cartoon art (harms nobody, cuz cartoon characters are not real) to actual CSEM that, by its very nature, requires the harm of an ACTUAL person in its process of creation)…. it is an absurd False Equivalence Fallacy, like comparing a Vegan Hamburger to actual animal slaughter… and no, I’m not a Vegan, I’m just using the concept for a metaphorical comparison.
