Consent-deception: a feminist cultural media theory of commonsense consent

Abstract

This article draws on feminist cultural studies, media and cultural theory, and engages with feminist law and criminology, to argue for a newly invigorated conceptualisation of consent in feminist theory. Rather than advance a particular feminist theory of consent, the article argues for a feminist cultural media theory of commonsense consent that is both sensory and representational. This theory acknowledges that there is no concept of consent reserved for sexual encounters. Rather, a more universal, commonsense theory, shaped as much by twentieth-century media as eighteenth-century political philosophy, informs how consent shows up to social experience. The article offers a revision of feminist discussions about consent in law, political philosophy and cultural studies, proposing that accounts such as Laura Kipnis’ Unwanted Advances: Sexual Paranoia Comes to Campus can be read as descriptions of consent's affective structure. Feminist accounts have underestimated the implications of the involvement of media, from early cinema through to contemporary social media, in co-locating consent with deception. This article shows how the media concept of consent-deception plays a role in suspicion and betrayal, both of which act as consent's structures of feeling. To further probe an enquiry into how personalised media are transforming commonsense consent, the article discusses the TV programme The Tinder Swindler. Various production techniques encourage a view of social media as a complete encapsulation of the social life and affectivity of consent-deception, suggesting a number of implications for a feminist cultural media theory of commonsense consent. In particular, the programme asks us to problematise the evidentiary status of informational social media linked to the changing perceptibility of consent-deception.