If Not Labeled Obscenely…

cof
It probably helps if your items are fuzzy when they pass through Customs and Excise, Trinidad and Tobago, to pass for not being indecent or obscene.

Not long ago, Trinidad and Tobago was dealing with a strange situation – whether ‘sex toys’ were illegal to import. There were first stories saying that sex toys were banned, and I noted this as peculiar and took the media to task on it for doing less research than I did in less than an hour.

Then, there was a rebuttal by Trinidad and Tobago Finance Minister Colm Imbert saying all of this was fake news – though I wonder if this was all a setup to get  a Minister to discuss sex toys.

The question, though, was what was considered indecent and obscene – or not. Lyndon Baptiste (RedWallNews) expressed this clearly in one of his videos.  2 months in prison for being a ‘rogue’ or ‘vagabond’? 

It’s a lot like the Law in Trinidad and Tobago that leaves whether automobile tinting is too dark and thus illegal – it’s at the discretion of someone in positional authority.

Positional. Sex Toy. Umm.

If only someone with journalistic integrity and maturity would delve deeper into this issue for the ladies – and I suppose at least some men.

For lack of anyone with these attributes, I decided to do it myself.

Before I left for Tobago, I went on Amazon.com and searched for what might be considered an ‘adult toy’ for women – men tend to take things in hand – and was amazed at the wide…. array… of things available to women. My. Word. Ladies, I had an idea, but my word, are you catered for.

Since I’m presently not in a relationship and have no idea what a ‘good’ or ‘bad’ one might be, I opted for something that might be less likely to be fingered by Customs and Excise. After all, though I was making sure I had a vacation in between, I wasn’t too interested in being called a ‘rogue’ or ‘vagabond’ over this, and I certainly didn’t want to spend 2 months among hardened criminals:

“What are you in for?”
“Customs…”
“Smuggling?”
“You could say that…”

So I did a search related to internal massage. Given the number of orifices on the average human – are you counting right now? – I thought that might be more likely to pass the test versus, “BIG LIFELIKE —– VIBRATING D–D- WITH MOUNTING SUCTION CUP”.

I ordered it. While it spent it’s time in a box being shipped, I considered the possibilities. Should I do a faux interview with it about Customs and Excise should it make it through? I decided it should have a stutter, but since it was made in China I wasn’t sure how to do the voice. It took a while, but it got here . When I spoke with the young female clerk when I picked it up, she confirmed my suspicions.

It’s really about what you call it.

What’s more, it seems that they threw in a ‘finger massager’ as well. I didn’t even know that was a thing.

So ladies – and I suppose some men, too – just be careful with what it’s called. ‘Discrete’ shipping is typical with such items, I saw, but what they call it might mean the difference between pleasure and pain.

Items for this research have already been donated to a suitable… charity. 

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The Failure To Communicate. [Updated 22 Aug 2018]

Giant cucumbers from Doug and Ariana.
Cucumbers, which are not sex toys, provided here as a neutral image for this article. Use through a Creative Commons License which can be found by clicking the image.

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.  

Mediation, Media, Social Media, Journalism

El Mercurio newsroom
El Mercurio Newsroom, by JD Lasica.

We use language and communication so much that sometimes we take it for granted.

‘Media’, ‘mediation’ – when we look at these words, it’s all but impossible to note the exact first 5 letters. This is no coincidence. They both derive from the noun, ‘medium‘. Digging further gets you to a Proto-Indian root, ‘*medhyo‘, something you can drill further down into if you wish.

It’s an interesting history in not words, but concepts and thoughts. Medium has been used to describe, ‘intermediate agency, channel of communication’ since around 1600. The basis of ‘media’ and ‘mediate’ is medium. Are they so different in concept?

In theory, no. In practice these days, it’s hard to say.

Mediation

As mentioned before, I took the first level of training in Mediation at the Conflict Resolution and Media Center of Trinidad and Tobago, and after hours I began thinking about the common etymology of ‘media’ and ‘mediate’ which got us to where we are, here. Yet when I look at the two as they are now, through a fresh lens, that seems to be the only way in which they are linked other than through some serendipity.

Mediation is a confidential process that works toward resolution of conflict through communication facilitated by a neutral third party. I did learn a few things.

Media, on the other hand, has come to mean any communication over one or more mediums. Newspapers use paper and literacy, radio uses sound and radio frequencies, television uses sound, video technologies, and sometimes literacy, and the Internet combines all of these to varying extents. ‘Social Media’ is redundant, really, because all media is social – it’s really media that allows easier feedback, and these day, allows things to be shared faster than other forms of media, driven by interests of users.

From Media To Journalism

‘Media’ encapsulates entertainment, education, and news. However, these days, we hear it used in the context of ‘news’ a lot. The lines between entertainment, education and news have blurred with the ‘talking heads’ and the prevalence of bias to sell advertising or simply to keep it. So when we hear about ‘The Media’ in this context, it’s about a specific use of the media. It’s about what we are given as news. And journalism is where ‘news’ is supposed to come from, or where we say it’s supposed to come from.

If you talk to anyone with a point of view, they will say that there is bias in published journalism – be it published in print, on radio, on television, or on the Internet – and that’s where things can get fuzzy. And so does what a journalist actually is. As Mark Lyndersay points out in , “What Is A Journalist?“:

…Paul Richards asked, “Who or what constitutes a journalist and should be protected by this?”

“And more importantly, who should not be considered a journalist?”

The American Press Institute notes, “Asking who is a journalist is the wrong question, because journalism can be produced by anyone.”

As the Institute explains on a series of pages on its website dedicated to considering the role of journalism professionals (report here), the journalist is a “committed observer.”

In 2011, “We Are All Journalists Now” by Scott Gant covered the same issue. It’s 7 years later, and I’m not sure society has changed enough to deal with it sensibly. And if we get into the etymology of ‘journalist’, we find this:

1690s, “one whose work is to write or edit public journals or newspapers,” from French journaliste.

As A.J. Liebling wrote, “Freedom of the press is guaranteed only to those who own one.” The Internet gave everyone with access to the Internet access to such a press. To publish publicly without a media organization, potentially publishing things less biased by advertisers – but then, to make money, advertising became necessary, and all that happened was the atomizing of the same business model.

What all of this really gets to, though, is an phrase attributed to Edmund Burke, supposedly used in a debate in 1787  when the House of Commons of Great Britain was opened to the press.

Indirect But Significant Influence

There are 2 definitions of the Fourth Estate defined on Dictionary.com:

  1. the journalistic profession or its members; the press.
  2. a group other than the usual powers, as the three estates of France, that wields influence in the politics of a country.

The first definition fit better before the Internet, where there was a more substantial difference between journalists and the general public. The second definition fits better in modern times, where we can all publish. And there you have the link between journalism and the public as it shifts in one definition.

These days, the more popular what you share is, the more influence you have – for better or worse. What others share that you have demonstrates how much influence you have as well – a closed circuit.

Thus, if we can get past definitions of ‘journalist’ and ‘journalism’, words doomed to a period when journalists broadcast instead of interacted, we get back to us all being a part of the Fourth Estate.

But what does this all have to do with mediation? Not that much right now, it seems, and yet, maybe it should. The Fourth Estate is necessarily not confidential, but maybe it could be more neutral. Maybe that’s what they should have in common. Maybe that ‘neutral third party’ should be everyone publishing to some metaphorical public journal. Maybe we should all be facilitating facts instead of regurgitating hearsay – after all, hearsay is heresy.

An informed public, after all, is what I expect from journalism. What I get, on the other hand, hardly seems to fit Journalistic Ethics and Standards. I can’t criticize what happens in the industry, because all I know is hearsay – but I can make a few distinctions that I believe can accepted and agreed upon as truths in the context of journalism aspect of the media:

  • When it comes to the media in the context of news, people need to be informed. They want to be entertained. The two are separate.
  • Publishers are the ‘media’, journalists are not the media unless they self-publish. If they don’t self-publish, they just work for the media.
  • With the atomization of the Fourth Estate, anyone who publishes has a greater responsibility when using their influence.

In these ways and more, we might get ‘media’ and ‘mediation’ to make more sense together when we see those common five letters.