The rules give too much leeway to let staff members basically roll the dice and decide rather or not to remove a deviation, even if other similar deviations have been ruled acceptable. Also because everyone has a different point of view on what is art and what is porn, and/or different interpretations of the rules some people can abuse the system to report and/or remove legitimate, non-rule violating art.
If a reviewing staff member receives a report on a deviation they disagree with, but doesn't necessarily break the rules, they can easily remove it just because they're able to. Of course this is all done while hiding behind their appointed seat of power and the poorly written rules that allowed for the injustice to occur.
I would also like to know how deviantART decide who qualifies to be a proper channel on deciding what is art and what isn't? I mean I could understand if the people hired were art history majors, known and/or respected artist, art experts, teachers and/or professors of art. However, realistically they're common people who spend lots of time on the internet and have some kind of charisma that got them noticed. Of course spending too many hours on the site and having charisma doesn't mean being honorable, fair and/or a qualified art judge.
Cryptic, Poorly Written and Hard to Find Rules
One of the major problems with the rules is that they're erratically placed and spaced out among multiple FAQ links identified by numbers with drastic differences. The Rules on Pornographic Literature (which many are unaware exists) is :FAQ251: while the rules on Pornographic Imagery is :faq565: Why would they be so far apart, what is the logic in that? Many of these and other rules can easily be merged to save time and space, especially since they basically contain the same info.
Its not just the rules on pornography, but all the rules in general which need work. Just take a look at FAQ #248: Are there restrictions on art using children or teenagers (fictional or otherwise)?
Due to the poor manner in which it is written, you may have to read it more than once. This often leads people to be confused on the reasons for, and the definitions of how a character (even one who has been aged for a image or story) are still considered a minor, thus explicitly prohibited from being depicted in certain ways.
If this wasn't bad enough, many non English speaking deviants seem to be unaware of the rules, incapable of translating them or unable to understand the context in which they're laid out. I often find myself having some difficulty in reading the guidelines in the FAQ, so I can only imagine how non-english speakers feel.
It seems that the majority of rule violators I come across are non-english speaking deviants. Naturally I typically inform them of the infraction before just reporting them. While many are grateful for the heads up, I have received quite a lot hostility in the past. However, if not for DA's inability to write and distribute a proper set of rules, 95% of this would ever happen.
Some of the more common things I have to warn people about is the rule on posting links to their uncensored art or accounts on certain sites. Sometimes I have to warn people about uncensored images because they have some confusion about the Mature Tag and it's purpose, or that their are rules against certain sexual content. This is mainly because :faq60: and :faq305: doesn't do a very good job of explaining any of this, let alone what sites are considered to fall within this area. Would it be such an inconvenience for deviantART to draft a simple list that included the sites?
Same Sex Content Discrimination:
deviantART has members from all over the world and different cultures. It also has staff members from different parts of the world and cultures as well. With that said, because some individuals grew up in a certain culture or are under certain laws and ordinances, their ideas of what is and isn't acceptable may drastically differ from views shaped under more liberal and/or less conservative conditions.
Naturally this leaves room for bias judgements and possible discrimination. There are many factors which can lead to a art piece being judged in violation of a rule, most of which comes down to the human element which is the least dependable element of all.
Many of the reviewing staff members (or from what I hear the staff of the company deviantART contracts to review violation claims) seem to lack the ability to judge the difference between artistic nudity and/or explicit pornography. Others seem to favor certain things while discriminating against others; often relating to sexual content, fetishism, the art's sexual orientation and/or theme.
Tell me this; how much does deviantART, or us for that matter, know about the staff and the people in charge of reviewing violation reports? Did deviantART do some kind of background check or psychological exam to verify rather or not the person is fit for the position? How does deviantART know rather or not the person they just hired/promoted to violation claims review isn't some sexual deviant or a over zealous religious nut?
Now here's where the proof in my accusations starts to come in...
I know a artist who had her deviation removed due to a homophobic viewer reporting it. The picture was of two Naruto characters (Naruto and Sasuke) about to kiss shown from the neck and shoulders up. While Naruto is shown shirtless (Sasuke is only shown from the neck up so he might be wearing a shirt) there is no indication that any sexual thing is taking place. It was just two male teenagers preparing to embrace in a kiss. It had no Masturbation, no Sexual Intercourse, no Sexual body fluids, no Erect penises, inappropriately spread orifices nor did it have any Adult Sex Toys. Yes the characters are underage, but they were not being sexualized in any way shape or form. Teenagers kiss, its a life fact that has been true since the first pimple appeared on our caveteen ancestors.
An incompetent staff member reviewed the report and removed the deviation despite it not being pornographic or being of sexualized minors in the slightest regard. This is the deviation in question
This artist isn't the only one who has had their work removed for questionable reasons. Many people who post male homosexual (gay) themed art have been systematically targeted and had their deviations removed despite them being no more explicit than 20 minutes of CBS. However, much of the time heterosexual or female homosexual (lesbian) themed art is not treated in this same manner; often no matter how highly sexual it may be.
I think deviantART forgets that there are countries where certain things are different. Some countries are more open about sexual content, so staff members from these counties may be more likely to be more relaxed on their judgment on more explicit artwork. However the opposite is true as well; some staff members may come from a more conservative part of the world and have a tendency to be harder and more anal retentive in their decisions.
Homosexual relationships are still frowned upon or are partially or completely illegal in many parts of the world. If a staff member is from one of these places, how would they treat a homoerotic piece of art verses a heterosexual piece of art? Multiple deviantART staff members have tried to tell me that deviantART doesn't discriminate against the LGBT community, and in fact is the exact opposite; however that doesn't mean one or more members on the reviewing staff doesn't. Just because deviantART hires a homosexual man or woman as a staff member, doesn't' mean they haven't also hired one or two homophobic staff members as well.
Also, despite what the staff has told me, deviantART does discriminate against same sex content. They not only do this, they let the reviewing staff have complete freedom to do what they like with it. Don't believe me? Its written right in the guidelines listed on :FAQ565:
"Some depictions of same sex genital to genital contact and some depictions of oral to breast contact might qualify under this guideline as adjudicated by staff but not all will be considered an automatic violation of policy."
How come its just same sex genital to genital contact and not all genital contact? According to these guidelines, a artist can draw a man placing his flaccid penis up against a woman's vagina and it would not be in violation of the rules. If deviantART really doesn't discriminate, then they would make all genital contact a violation; not just same sex genital to genital contact. With a rule like that, deviantART and it's staff saying it doesn't discriminate against same sex material is a clear and blatant lie.
deviantART should refrain from giving the reviewing staff the freedom to decide on if the same sex genital to genital contact or oral to breast contact is in violation. Because deviantART allows this, they also allow room for bias judgement calls. What would a male heterosexual reviewing staff member be more likely to rule against; two women engaged in genital to genital contact, or two men?
More of the Reviewing Staff's Incompetence:
Now tell me this; how is a picture of two teenage boys about to kiss against the rules when this
:FAQ565: clearly states that Erections are against the rules with the exception of educational depictions. This picture clearly is not in the least bit educational, thus it should be ruled in violation of the site's policies.
Also as out lined in :FAQ565: all "Adult oriented (sexual) toys." are against the rules as well. A Cock Ring was indeed a Adult oriented (sexual) toy or Sex Toy. Even Wikipedia list Cock Rings as a Sex Toy. The following is a quote from the Cock Ring Wikipedia Article.
A cock ring may be used to prolong erection because the wearer likes the particular sensation of tightness and extreme engorgement that wearing one provides. It can be worn as a sex toy, as genital jewelry, or simply for the appearance. Some men enjoy using cock rings for masturbation, as wearing of this sex toy contributes to better erection and delays orgasm, thus it intensifies orgasmic sensations. Also vibrating cock rings deliver a great range of very pleasurable vibrations that enhance enjoyment.
A Cock Ring is not a device you can find at your local Walmart. In order to find/procure a Cock Ring you must either go into a store which sells adult toys and/or novelties or order one form an adult magazine, specialized catalog or website. Also as I and the Wikipedia article mentioned, cock rings are for maintaining an erection, which further proves that this picture should have been rule in violation. How is a guy wearing a cock ring art to begin with? Click Here, Here and Here for more examples of pictures of penises wearing a cock ring that have been reported by users. However, due to the deficiencies in the definitions given to the staff, all the reports were mark invalid.
Another sex toy violator can be found here
Then there is this
:FAQ565: specifically says that the following are considered pornographic.
Vaginal, Penile or Anal Penetration
This includes depictions of any object being inserted into the vagina, penis or anus.
Vaginal or Anal Spreading
Female subjects should not be depicted with their labia spread or parted in any manner by hand or manipulated open or parted by any other artificial means or object. Neither sex should show the anus manually opened in a similar fashion.
The women with worms in their vaginas/anuses are clearly and obviously having their vaginas spread open, and the worms going in and out is indeed penetration.
FAQ: 565 Also disallows hand to genital contact, however this image Click Here is apparently not in violation of that rule despite the man in the image clearly holding his penis. Again, how is a picture of a man showing off his cock, even with a piecing, how is it art!? That image is not art; the lighting is horrible, the model is clearly just goofing off and the whole premise of the image is about showing off.
Grey Areas Which Need Defining:
As outlined in FAQ: 248, deviantART has a standing rule that no underage (under 18 years of age) characters may be drawn/written about in any sexual manner and posted on deviantART. Now I have no qualms about that and I heavily support it. However, people are still not allowed to draw/write about the characters even if they've been aged to adults because it is still considered sexualizing a minor. So basically according to this rule a vast majority of characters drawn everyday qualifies as this, especially in the dragonball franchise. For most of Dragonball the lead characters were underage, in Dragonball Z too, then in Dragonball GT the lead character Goku was turned back into a kid. So if DA really want to enforce this rule, they'd have to delete thousands of pictures because many artist have drawn Goku, Gohan, Goten, Trunks, Chichi, Bulma, Yamcha, Krillin, Piccolo, Dende, Pan, Videl, Marron (Krillin's daughter) and Uub in some kind of sexual relationship or another. Goku was a kid for most of Dragonball and then again in GT, Gohan, Goten and Trunks were kids for most of Dragonball Z and despite looking adult, Piccolo was only 3~ years or so older than Gohan when Dragonball Z began (Gohan was 4.)
So why are we not allowed to age characters and fulfill out fanboy and fangirl fantasies when deviantART lets other people get away with straight up pedophilia?
Now don't get me wrong, I'm a stickler for rules and I have done my fair share of reporting or attempts at reporting. (since the report widget locks up after a case is closed) One day I found a picture of a woman masturbating, with her middle and ring fingers clearly angled, inserted into and parting her labia. It was of course reported; however, some clueless reviewing staff member didn't seem to see the masturbation and mistook it for the model covering her vagina for censorship and modesty. This is however despite her having other picture where she clearly and proudly displays her vagina out in the open by spreading her legs with a smile. Now while it is naturally a little harder to tell if a woman is masturbating compared to a man, common sense can still allow a person to tell the difference between a hand masturbating or covering up a vagina. I tried my best to find it and link to it, but it is either in storage or has been removed by the artist to another site.
Now as I said earlier, the rules are not very well defined and leave room for interpretation (both good and bad.) :FAQ565: outlines what is or isn't considered pornographic; however, this set of rules and guidelines is still not as clearly defined as it should be, especially when oral to breast contact and adult sex toys are involved.
How is it decided if a depiction of breast sucking violates the rules? It is never made clear and is left to the decision of some nameless, likely unqualified person to review and decide. Now I'm not saying all depictions of the act are sexual or explicit pornography; however, there is a clear difference between a baby sucking on its mother's breast and a woman's lover sucking and fondling her breasts. deviantART needs to really examine this rule and redefine it so we the public can better understand what is going on.
That same day I found the woman masturbating, I also found a picture of an adult man suckling a adult female's breast. He was cupping it while slightly pulling on it with his lips drawn around the nipple. Now I know that the policies on oral-breast contact are grey, but some common sense would have easily served the admin who reviewed it and saw nothing pornographic about it. The "artist" wrote "hmmm" in the artist comment; shouldn't that bring into question the "artist" true artistic intent for the picture. I don't know about you, but I'm pretty sure I can surmise that when a person write "hmmm" for a picture of a guy sucking a woman's teat, its likely not for artistic purposes. Posting "hmmm" is practically like posting a picture of Troll face when you are trolling people. The "artist" was clearly posting it as pornography and not art. I wish I could provide a link to this, however its been a long time since I saw this picture and have not been able to locate it with devianART's search function. It is likely in storage or has been removed by the artist to another site.
More Incompetence and Bureaucratic Hell:
On June 20, 2012 I found and reported a deviation of an adult woman sucking another adult woman's breast entitled Lip Lock. In it the female sucking the breast is displaying ecstasy on her face from performing the act.
This is a typical Invalid Report message you might receive after a reviewing staff member has judge your Explicit Pornography Violation Report. I received this exact message in less than a day after filing my report.
Your Explicit Pornography Violation Report on Lip Lock [Link] was reviewed by a member of the staff and action was taken, marking the report as Invalid.
Additionally, the following comment was provided:
Thank you for your report. A member of our staff has reviewed the deviation but has found that it does not meet the current official definition for "pornography" which is in use.
Please remember that while this image might meet your own personal definition for "pornography", your personal view and official policy could differ in several areas.
If you have any questions about how official policy currently defines "pornography" please check the deviantART FAQ which is located here; FAQ #565: You prohibit the submission of 'pornographic imagery'; what do you consider this to be?
This message was generated automatically.
-- deviantART Staff
I like how deviantART and/or the reviewing staff tries and turn it around onto the reporter like the person reporting the violation is some kind of prude who thinks all things sexual is porn. Under FAQ #565: it specifically says that oral to breast contact can qualify as explicit sexual content. A photograph of a baby sucking a breast is not pornographic and can be very artistic if photographed properly. However, the picture described above is not art; its pornography disguised as art and getting away with it because of the reviewing staff's incompetence.
Here's another example of the reviewing staff's inability to follow deviantART's rules to the letter.This deviation was reported Wed, Feb 22, 2012 and was only closed on Wed, Aug 1, 2012. That's over 5 months to review the violation report, rule it as invalid and asininely saying the reporter's definition of pornography "does not meet the current official definition for "pornography" which is in use."
Your Explicit Pornography Violation Report on C@#K [Link] was reviewed by a member of the staff and action was taken, marking the report as Invalid.
Additionally, the following comment was provided:
Thank you for your report. A member of our staff has reviewed the deviation but has found that it does not meet the current official definition for "pornography" which is in use.
Please remember that while this image might meet your own personal definition for "pornography", your personal view and official policy could differ in several areas.
If you have any questions about how official policy currently defines "pornography" please check the deviantART FAQ which is located here; FAQ #565: You prohibit the submission of 'pornographic imagery'; what do you consider this to be?
This message was generated automatically.
-- deviantART Staff
The Rules say erections are a violation, that is a picture of a erect penis. Albeit that picture is just the glands and upper tip of a penis, it is still an erect penis. People do not draw the "head" of a flaccid penis. Also, last time I checked, a flaccid penis does not typically curve upwards. Are the members of the reviewing staff so incompetent that they can't tell a penis is erect unless they see the whole thing?
Other Business Needing to be Addressed:
I would now like to bring up how many guys are really taking advantage of deviantART's lack of common sense on flaccid versus erect penises. Everyday guys are posting pictures of their genitalia and flirting with the viewers. How is it art when all they're doing is showing off like an exhibitionist and talking dirty and/or flirtatiously to people? Plus a majority of these guys also seem to be openly mocking deviantART by taking pictures that just barely miss being labeled pornography. Its like the people who drink too much but are still just barely under the legal limit. They're let go to drive on in their car because they're "legal," but they have just as much of a chance of getting in a serious car accident as the people who were just barely over the legal limit. I guarantee you where I come from, if your even a fraction of a point over or under the limit you are on your way to spend the night in jail while your car is impounded. Many of the photos you might find are of "semi-erect" penises which deviantART apparently allows because "it's just under erect."
Also these same kind of users are using their deviantART account in place of Photobucket, Facebook and other Social Media sites that disallow nudity and certain content. Just because deviantART is laxed on nudity and has a very complex definition of prohibited content shouldn't mean people can/should use their accounts as their personal photo album of garbage that isn't allowed on other sites that were made to be a photo album. It just sickens me how people are using deviantART as their adult Photobucket account. It sickens me even more that deviantART lets itself be used in such a manner!
Every day there are deviations that are allowed in the galleries despite truly being against the rules, if not mocking them. However, because a reviewing staff member's incompetence, they are still allowed and can never be reported ever again. Then you have deviations that are actually innocent and tame in comparison, but those get taken down because some people disagree with the subject matter or have a bias that should disqualify them as a proper judge. deviantART is seriously failing us true artist, the users who post only things intended to be seen as art and not porn.
How to fix it:
deviantART needs to change the system and stop this abuse and injustice.
1) deviantART needs to redo the Report Widget and give it a more user friendly makeover. Some of the categories can be combined and others need more definition. They should also add the ability to report a deviation even if it's been judged before. I know this can be misused, but better something be misused once in a while than never being able to be used for any good reasons ever. Maybe only close the deviation to further reports AFTER three reports have been filed and it was ruled that no action need be taken. After all, closing the report function after only one report is just a bad idea. Also if the deviation is altered in any way, the report limit should reset just in case the artist adds something not suitable.
2) deviantART's rules need to be further defined and reorganized, as well as being easier to access and easier to find. Also there needs to be better written rules for non-english speaking deviants so they can better understand them.
3) One staff member should not be in charge of reviewing a deviation. It should be a whole committee of publicly known, sound minded and unbiased individuals that should be placed in this position. Not random, nameless individuals who can easily let their personal issues with race, nationality, gender and/or sexuality cloud their judgment. Each deviation should be thoroughly examined so that details like a woman masturbating instead of concealing her vagina do not go unnoticed. Plus multiple violation committee members should evaluate and vote on the piece before a final decision is made.
4) deviantART needs to reevaluate their pornography definitions and put a stop to all these deviants using their account just to post pictures of their genitalia which show no real evidence (or even attempt) at displaying artistic value. deviantART could at least get some real art experts to come in and clarify the difference between an artistically photographed penis and a "I just got out of the shower" penis picture. deviantART also needs to get a Urologist or two to clarify what is and is not considered erect. deviantART's definition of Sex toys also needs updated; Cock rings, Real Dolls, sleeves/fleshlights and anything you buy at a sex shop (online or off) that isn't a condom should all be added to the list. Plus anything that is hung or wrapped around the penis should possibly be considered a sex toy as well.
5) deviantART needs to work on their response time. I reported Lip Lock on June 20, 2012 and got a response the next day on June 21, 2012 So deviantART can be quick when they want to be.
deviantART has seriously been going down the toilet lately. From their homophobic crusade to their letting the site become another RateMyCock site. deviantART is losing the faith of the LGBTQ community and losing many members to rivals such as Y!Gallery, Hentai Factory, Tumblr and other sites. If this continues much longer I foresee a serious turn around in their stock which will likely lead them to sell to a company that isn't as lax as deviantART is now. I give it 2-5 years before all nudity is prohibited like it is on Photobucket and other sites.
If you agree to any and/or all of this deviation, please feel free to blog it, re-blog it, copy paste it into your journals or Sta.sh Writer to spread the word.
*Note: Links, Bold font and other HTML tag related items will copy paste into Sta.sh Writer as they appear in this deviation. However, please remember that Links may or may not copy/paste properly when pasting into a journal entry; thus manual copying and pasting each individual link may be necessary.














And that worm thingy is just fucked up.
As much as I appreciate a well done, artistic nude, sometimes I feel it would almost be worth having all nudity banned on DA if it meant not having to see another cell phone photo of someone's crotch.
My biggest problem is that DA sometimes seems like they don't know their ass from the sky. I've seen content that deserves to be removed stay, one of which is a picture of women having sex with worms, caterpillers and other slimy creatures, with large grubs entering their vaginas and anuses. And I've also seen rather tame content be removed, like a picture of Naruto and Sasuke (from an anime named naruto if you don't know what i mean) who were just staring at each other about to kiss be removed when it was not in danger of being any kind of violation, rather it be faq 565 or faq 248
Plus since DA's report widget locks up after one case, even if the policies change and a picture is now in violation, it can't ever be reported ever again.
The picture with the worms had like 100 reports before they locked the widget on its page. Good rule of thumb, if 100 people report it as being porn..its porn.
sooner or later people are going get tired of DA's bipolar, half assed policy enforcement and go to tumblr. I know many yaoi artist who already made the move because they feel (and me as well) that DA is discriminating against male+male content while not doing the same with male+female and female+female content.
report a image of a woman's head between a man's legs, a woman's between a woman's or a man's between a man's and I guarantee it the first two will be ruled not in violation.
oh well, one battle at a time.
Maybe instead of reporting deviations (which apparently doesn't work), DA could give us the ability to block offending members' works from appearing on our computers when we're logged on. So, if a member posts artwork that offends you, you could choose not to have thumbnails of that member's work appear on your computer, but others would be able to see the thumbnails and make their own judgements. That way DA wouldn't be swamped with violation reports, and we would be able to censor what we see on DA based on our individual values and comfort levels.