I found yesterday (21 Aug 2018) that I had made an error in this; the Customs Act does in fact have something on obscene materials. The mistake I made was in assuming that they had searchable text. They do not have searchable text in the PDFs they have online, something worthy of note – but not an excuse. Lesson learned.
When the Great Ban on Sex Toys in Trinidad and Tobago was announced, I was both slightly amused and curious. It’s not that I write about such topics, it’s that I’m human and that Trinidad and Tobago in it’s entirety doesn’t cease to surprise me when it comes to odd things.
You see, there were articles written as if it weren’t a developing story – there was no notation, as an example, that the Government of Trinidad and Tobago’s Customs and Excise Division website did not make mention of ‘sex toys’. Of course, maybe it just wasn’t updated, but a search of the Trinidad and Tobago Gazette didn’t reveal any new changes either. That took me less than 30 minutes to go through as an uninterested person, not a journalist. And I’m not a lawyer. So it seems to be a spurious claim, one that doesn’t jive. Update: Section 45 l of the Customs Act does mention things that can be related to ‘sex toys’, but not directly.
The law being quoted is Section 46(g) of the Criminal Offences Act which says: “Any person who offers for sale or distribution or who exhibits to public view any profane, indecent, or obscene, paper, print, drawing, painting or representation may be deemed a rogue and a vagabond and if found liable, to imprisonment for two years.” Update: They were quoting the wrong law in the article. The Customs Act was the appropriate Act to quote, which would have been 45 L.
It says nothing about importation. Granted, the last group of people I’d want to know what I do with myself would be the government and it’s employees, but the published Acts and Amendments related to Customs and Excise says nothing about sex toys, or anything profane, indecent, or obscene…
So I’m writing this, despite my misgivings about the topic, because to me the topic at issue is not sex toys, but instead appropriate research for an article that is supposed to inform the public. There is a big question here that, sure, Ministers should be able to answer – but they’re ducking it.
Selling the items is one thing. Importing for personal use seems to be quite another.
And while I wouldn’t want to know what the government would tax on sex toys, given how much I paid on a simple book recently, I don’t know that anyone would think it worthwhile – but articles that are about an alleged ban of importation of sex toys doesn’t make sense to anyone who bothers with a short amount of research.
And can someone, please, give a legal definition of a sex toy that isn’t subjective?
This is a failure of the media, in my eyes, though my eyes see the world differently than others. I view the media’s job to inform and question appropriately. The very first article should have been able to say that no one has mentioned the laws related to customs and excise, that the law quoted was about the sale of the items.
This has blaring questions attached that are so apparent that they might as well be painted bright neon pink.
And made to vibrate.
Now, if they start dealing with Internet Enabled… devices… and privacy issues, such as this data breach, I’ll write more about it. But to me, this is all about improper communication from the people we depend on to communicate.