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Pornography

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Pornographic movies

Pornography (from Greek πόρνη (porni) "prostitute" and γραφή (grafi) "writing") (more informally referred to as porn or porno) is the representation of the human body or sexual activity with the goal of sexual arousal. "The explicit artistic depiction of men and/or women as sexual beings." [1] It is similar to, but distinct from, erotica, though the two terms are often used interchangeably.

In general "erotica" is used to imply artistic quality, sensuality, or implied sexuality, whereas "pornography" often connotes the crude depiction of sexual acts, with little or no artistic or social value. The line between "erotica" and the more perjorative term "pornography" is often highly subjective. In practice, pornography can be defined merely as erotica that is perceived as "obscene" (see obscenity). The definition of what one finds as obscene can differ among persons, cultures and eras. This leaves legal actions by those who oppose pornography open to wide interpretation.

Pornography may use any of a variety of media — printed literature, photos, sculpture, drawings, sound recording, film, video, and various forms of electronic and Internet media. A live performance may also be called pornographic.

Terminology

"The great pornography epidemic", symbolic 19th century French illustration

In its original meaning, pornography was literally "writing about prostitutes", from the classical Greek roots πόρνη and γρTemplate:Polytonicφειν. Πόρνη started as a euphemism and literally meant '(something) sold'. It is related to the Greek verb περνημι meaning "I sell". It derived from a Greek term for men who chronicled the well-known πόρναι or skilled prostitutes of ancient Greece. In more modern times, the term was adopted by social scientists to describe the work of men like Nicholas Restif and William Acton, who in the 18th and 19th centuries published treatises studying prostitution and proposing to regulate it. It first appears in an English medical dictionary in 1857 defined as "A description of prostitutes or of prostitution, as a matter of public hygiene." Within 5 years though, the second, obscene definition appeared in Webster's Dictionary. "Licentious painting or literature; especially, the painting anciently employed to decorate the walls of rooms devoted to bacchanalian orgies." [2] The term kept its first, neutral meaning in the Oxford English Dictionary until 1905.

Erotic depictions with varying artistic purposes can be traced to antiquity. However, it was not until the 19th and 20th centuries, when Western governments began officially suppressing sexually-themed printed and illustrated material, that the modern concept of "pornography" arose. The term now refers to sexually related material of all kinds.

Euphemisms such as adult film, adult video and adult bookstore are generally preferred within the industry producing and distributing these works (namely the Adult Entertainment Industry). Pornography can also be contrasted with ribaldry, which uses sexual titillation in the service of comedy. The definition of pornography is highly subjective, with generally accepted works of art such as Michelangelo's David being considered pornographic by some people. In a sense therefore, the definition of pornography is as much (or more) to do with the viewer's motive and response, as with the actual material, content or creator's intention.

A secondary distinction is sometimes made between softcore pornography and hardcore pornography. Softcore pornography generally includes materials that feature nudity, sexually suggestive scenes, and simulated sex, while hardcore or X-rated pornography contains close-ups of aroused genitalia and sexual activities including penetration. Within the industry itself, informal classification breaks down even further. The differing legal definitions and standards in different countries and regions leads producers to shoot and edit different versions of adult films for release to different markets. The internal rating decision is primarily made by considering whether the film depicts erect penises, close-up shots of genitals and penetration, types of penetration, and the presence or lack of a visible, external ejaculation. Some adult films are edited into an R-rated version suitable for release on late-night cable television, a softcore version designed for release on a mainstream adult cable channel (e.g., the Playboy channel), and an explicit, hardcore version designed for sale in adult film stores.

In some American jurisdictions the depiction of urination or defecation contributes to the conclusion that a particular image is pornographic (see e.g. Arizona Criminal Code [3], 9f, 11, in combination with [1], A2, and for Utah [2], 8h). Another term that is often confused with "pornography" is obscenity, a legal term used in many US states meaning artistic material (any media, any genre) that has no reasonable real artistic merit and appeals to the "prurient interest" and patently offends reasonable prudent people in the community. Arizona prosecuted distributors of a pornographic film called "Taboo American Style" in 1989 on the grounds that it was not merely pornographic but obscene, which would be a crime to distribute under Arizona law. Most of what has been considered obscene in the USA has been pornography, thus the terms are often confused. (See Legal Aspects of Pornography, below.)

Technology and pornography

Mass-distributed pornography is as old as the printing press. Almost as soon as photography was invented, it was being used to produce pornographic images. Indeed some claim that pornography has been a driving force in the development of technologies from the printing press, through photography (still and motion) to video, satellite TV and the Internet. Calls to regulate or prohibit these technologies have often cited pornography as a concern.

Video: Betamax, VHS, DVD, and future formats

Throughout the history of the movie camera it has been used for pornography, and with the arrival of the home video cassette recorder the pornographic movie industry experienced massive growth and spawned adult stars like Ginger Lynn, Christy Canyon, and Traci Lords (later found to have been under the legal age of 18 during most of her tenure in the industry). One could now not only watch pornography in the comfort and privacy of one's own home, but also find greater choices available to satisfy specific fantasies and fetishes.

It has been suggested that, among other things, Sony Betamax lost the format war to VHS (in becoming the general home video recording/viewing system) because the adult video industry chose VHS instead of the technically superior Sony system. Other attempts at innovation came in the form of "interactive" videos that let the user choose such variables as multiple camera angles, multiple endings (i.e "Devil in the Flesh", 1999, Private Films), and computer-only DVD content.

Erotic film producers are expected to play a major role in deciding the next DVD standard. Large outfits tend to support the high-capacity Blu-ray Disc, while small outfits generally favor the less-expensive HD-DVD.[citation needed] According to a 2004 Reuters article, "The multi-billion-dollar industry releases about 11,000 titles on DVD each year, giving it tremendous power to sway the battle between two groups of studios and technology companies competing to set standards for the next generation" [3].

With the arrival of affordable consumer-level video cameras, or camcorders, members of the public had the means of producing their own pornographic or erotic films. These were intended for personal enjoyment, and perhaps circulated amongst an intimate circle of friends.

However, this development soon became part of a reaction against the prevailing aesthetic of (particularly American) commercial productions. Many people tired of the absolute perfection, indeed, the seeming unreality and plasticity, of the models and their unreal settings. In order for the films to be stimulating, they needed to be true to life, they needed to depict people that the viewers could identify with. Interestingly enough, one finds here an echo of the philosophy of Andy Warhol.....'junk art' for a 'junk society', in which everyone is famous for fifteen minutes.

Consequently, two pornographic movements evolved. The first involved 'amateur porn', films or scenes produced by ordinary people, finding its way on to commercial video releases. There was clearly a market for this, both in America and Europe, and companies started to offer cash incentives for (usually) couples to send their contributions to them. So called amateur pornography remains one of the most important pornographic genres.

The technology of the cheap hand held camera liberated the pornographic film maker from the studio, and gave birth to the second development, Gonzo Pornography. (The term comes from the journalistic approach of Hunter S. Thompson). In this mode of production, a wandering cameraman goes in search of members of the public and persuades them to perform sexual acts, either in an off-street location or back in a hotel room. The pioneer of this type of approach is said to be Ugly George, who went on to broadcast the results on a cable television programme. 'Gonzo' has many imitators, including some producers and directors who try and create the approach using amateur models. In Britain, the principal proponent of this mode is probably Ben Dover.

It's not unlikely that some pornographic movies that seem to be amateur made are filmed by companies with professional actors but in a way so it looks like amateur videos to complement the company's supply of "regular" porn.

Warhol's strictures may be a little unkind. This amateurism may revolutionise the pornographic landscape, in that passive consumption may be replaced by a more participatory process on the part of the consumer.

Video and computer games

Pornographic computer games have also existed almost since the start of the industry — some of the earliest were Mystique's Atari 2600 video games, including Custer's Revenge, Beat Em and Eat Em and Gigolo. The Japanese company Hacker International, which also published games under the name Super PIG, produced several pornographic titles for the Nintendo Famicom — three of these, renamed to Bubble Bath Babes, Hot Slots and Peek-A-Boo Poker, were distributed in the USA by Panesian.

These games largely disappeared from the marketplace as the industry matured and the user base broadened, due primarily to increased production cost and complexity, severely limited distribution options (most national retailers such as Wal-mart and Target do not stock games with the Adults Only rating), and potential legal issues associated in developing a game without official sanction and/or licensing from the respective console manufacturers.[4] Recent media coverage of titles like BMX XXX, Playboy: The Mansion, and Leisure Suit Larry: Magna Cum Laude (article: Austin-American Statesman) suggest a reversal towards producing and marketing adult-themed games.

In contrast to the console market, niche PC developers have continued to produce adult games with pornographic content. A Google search for "PC strip poker" conducted November 1, 2005 returned slightly over 2 million results. The Japanese market has a particular interest in pornographic Hentai games (often referred to as "H games" outside of Japan).

Photo manipulation and computer-generated pornography

Some pornography is digitally manipulated in sophisticated image editors such as Adobe Photoshop. This practice ranges from applying mild changes to photographs to improve the appearance of the models, such as removing skin defects, improving brightness and contrast of the photo, to extensive editing to produce photomorphs of non-existent creatures such as catgirls, or images of celebrities who may not have consented to be filmed for pornography.

Digital manipulation requires the use of source photographs, but some pornography is produced without human actors at all. The idea of completely computer-generated pornography was conceived very early as one of the most obvious areas of application for computer graphics and 3D rendering.

The creation of highly realistic computer-generated images creates new ethical dilemmas. As illusionistic images of torture or rape become widely distributed, law enforcement faces additional difficulties prosecuting authentic images of criminal acts, due to the possibility that they are synthetic. The existence of faked pornographic photos of celebrities shows the possibility of using fake images to blackmail or humiliate any individual who has been photographed or filmed, although as such cases become more common, this effect will likely diminish. Finally, the generation of entirely synthetic images, which do not record actual events, challenges some of the conventional criticism of pornography.

Until the late 1990s digitally manipulated pornography could not be produced cost-effectively. In early 2000s it became a growing segment, as the modeling and animation software matured and rendering capabilities of computers improved. As of 2004, computer-generated pornography depicting situations involving children and sex with fictional characters such as Lara Croft is already produced on a limited scale. The October 2004 issue of Playboy featured topless pictures of the title character from the BloodRayne videogame. [5]

The Internet

Main article: Internet pornography

Some wildly successful internet entrepreneurs operate pornographic internet sites. As well as conventional photographic or video pornography, some sites offer an "interactive" video game-like entertainment. Due to the international character of the Internet, it provides an easy means whereby consumers, residing in countries where pornography is either entirely illegal, or at least that which does not furnish physical proof of age, can easily acquire such material from sources in another country where it is legal or remains unprosecuted.

The low cost of copying and delivering digital data boosted the formation of private circles of people swapping pornography. With the advent of peer-to-peer file sharing applications such as Kazaa, pornography swapping has reached new heights. Free pornography became available en masse from other users and is no longer restricted to private groups. Large amounts of free pornography on the Internet is also distributed for marketing purposes to encourage subscriptions to paid content.

Since the late 1990s, "porn from the masses for the masses" seems to have become another new trend. Cheap digital cameras, increasingly powerful and user-friendly software, and easy access to pornographic source material have made it possible for individuals to produce and share home-made or home-altered porn for next to no cost.

On the Internet, pornography is sometimes referred to as pr0n (which is sometimes misspelled p0rn, or porn written with zero), a common style in so called leet speak. One theory on the origins of this spelling is that it was devised to fool censorship filters on instant messaging programs, chat rooms, and search engines. However, since leet speak has performed similar mutations on a number of words, including those unlikely to feature in unsolicited commercial e-mails (0wned, r00t, n00b, d00d), it is likely that any transformation of "porn" to "pr0n" for spamming purposes is at best an independent invention.

History

Main article: History of erotic depictions
Oil lamp artifact depicting coitus more ferarum

The concept of pornography as understood today did not exist until the Victorian era. Its current definition was added in the 1860s, replacing the older one meaning writings about prostitutes. [4] It first appeared in an English medical dictionary in 1857 defined as "A description of prostitutes or of prostitution, as a matter of public hygiene." Within 5 years though, the second, obscene definition appeared in Webster's Dictionary. "Licentious painting or literature; especially, the painting anciently employed to decorate the walls of rooms devoted to bacchanalian orgies." [2]Previous to that time, though some sex acts were regulated or stipulated in laws, looking at objects or images depicting them was not. In some cases, certain books, engravings or image collections were outlawed, but the trend to compose laws that restricted viewing of sexually explicit things in general was a Victorian construct. When large scale excavations of Pompeii were undertaken in the 1860s, much of the erotic art of the Romans came to light, shocking the Victorians who saw themselves as the intellectual heirs of the Roman Empire. They did not know what to do with the frank depictions of sexuality, and endeavored to hide them away from everyone but upper class scholars. The movable objects were locked away in the Secret Museum in Naples, Italy and what couldn't be removed was covered and cordoned off as to not corrupt the sensibilities of women, children and the working class. Soon after, England’s and the world's first laws criminalizing pornography was enacted in the Obscene Publications Act of 1857. [2] The Victorian attitude that pornogrpahy was for a select few can be seen in the wording of the Hicklin test stemming from a court case in 1868 where it asks, "whether the tendency of the matter charged as obscenity is to deprave and corrupt those whose minds are open to such immoral influences."

The legal status of pornography varies widely from country to country. Most countries allow at least some form of pornography. In some countries, softcore pornography is considered tame enough to be sold in general stores or to be shown on TV. Hardcore pornography, on the other hand, is usually regulated. The production and sale, and to a slightly lesser degree possession of Child pornography is illegal in almost all countries, and most countries have restrictions on pornography involving violence or animals.

Some people, including pornography producer Larry Flynt and the writer Salman Rushdie, have argued that pornography is vital to freedom and that a free and civilized society should be judged by its willingness to accept pornography.

Most countries attempt to restrict minors' access to hardcore materials, limiting availability to adult bookstores, mail-order, via television channels that parents can restrict, among other means. There is usually an age minimum for entrance of pornographic stores, or the materials are displayed partly covered or not displayed at all. More generally, disseminating pornography to a minor is often illegal. Many of these efforts have been rendered irrelevant by the wide availability of Internet pornography.

There are recurring urban legends of snuff movies, in which murders are filmed for pornographic purposes. Extensive work by law enforcement officials to ascertain the truth of these rumors have been unable to find any such works.

  • Australia: Regulation has increased somewhat under the Howard government, but remains reasonably widely available. See censorship in Australia. X-Rated pornographic videos may be bought and hired in Northern Territory and ACT, and may not contain violence, child sexual abuse or demeaning portrayals (such as bestiality, scat etc). The various states have different laws on pornography, but the edited highlights are that there are numerous adult shops in each state and territory, all of which can sell or rent R-rated material (books, magazines, videos) and many also illegally sell X-rated and RC (refused classification) material openly. Technically it is illegal to sell X-rated material in all states, but it is not illegal to possess X-rated material. However, the Australian constitution prohibits states from regulating interstate commerce, thus it is legal to purchase pornography in the ACT and bring it interstate.
  • Austria: "Youth-imperiling" materials or those which violate human dignity may not be displayed or sold to persons under 18 years of age. Nudity is not assumed as such material.
  • Brazil: Child pornography is a crime. Regular pornography (not involving bestiality/snuff) is legal. Male actors in local movies must wear condoms in penetration scenes. All actors must be 18 or older. When sold at public places, magazine and DVD covers that depict genitalia must be hidden from public view. Any pornography can only be sold to people 18 or older.
  • Bulgaria: Hardcore pornographic material is "not recommended" for distribution to persons under the age of 18. Softcore material is rarely censored, even by the state TV stations. Magazines and pornographic papers have become increasingly available since the fall of communism in the early 1990s. Due to the unstable economy, by the late 1990s only a few publishers remain.
  • Canada: Hardcore material is legal in Canada to anyone over the age of 18. Sales to persons under 18 (varies by province) is prohibited, though they may own it. Most materials are sold in adult stores or websites, despite no specific law controlling the distribution. Canada Border Services Agency is empowered to stop the importation of materials prohibited under obscenity laws; many gay and lesbian bookstores have charged that this is applied in a discriminatory way to same-sex pornographic materials. Conversely, some over-the-air television stations (particularly Citytv and TQS) often broadcast softcore pornographic films after midnight. In addition, pornographic films may be publicly shown (to those above the age of 18) and advertised, as is the case in some stores on Toronto's Yonge Street. It is illegal for a person under the age of 18 to be in any pornographic film produced in Canada (whether is be a sexual act or not). It is also illegal for someone depicted as being under the age of 18 to appear in a pornographic film, regardless of age. Child pornography is illegal in Canada. The Canadian government is introducing what it says are the most stringent laws against internet child pornography in the world. Its proposal, contained in a wide-ranging justice bill, would make not just downloading or the possession of child porn a crime, but surfing for child porn as an offence as well. See also Censorship in Canada.
  • People's Republic of China: Technically illegal, xxx and recently the Gong'an arrested and accused some porn movies producers, but adult magazines are sold publicly de facto, although specifics of the regulation is not known.
  • Colombia: Child pornography prohibited under new constitution. Marketing is very strictly regulated. Most materials are sold on the black market. Bogota has at least 300 places where pornography (hardcore) may be legally obtained.[citation needed]
  • Denmark: Ban on pornographic literature was lifted in 1966. In 1969 Denmark was the first country in the world to legalise (hardcore) pornography.
  • Finland: Child, snuff and bestiality pornography is banned. It's allowed to sell pornography in every store, but magazines to buyers of 15 years or older and hardcore to buyers of 18 years or older.
  • France: Extremely violent or graphic pornography is considered X-rated, may be shown only in specific theaters, and may not be displayed to minors. Incurs special taxes on revenue (33% for X-rated movies, 50% for pornographic online services). The rating system is controversial; for instance, in 2000, the sexually explicit and violent Baise-moi was initially rated as only "restricted" by the French government, but this classification was overturned by the Conseil d'État ruling on a lawsuit brought by associations supporting Christian and family values.
  • Germany: Child pornography is banned. Although law defines a child to be a person up to the age of 14, no pornographic material may involve persons below the age of 18. Hard pornography (violence and animal related) may not be produced or distributed; possession is allowed. Hardcore pornography is restricted to buyers of 18 years or older. If a store is accessible to minors, the material must not be on display and may only be sold discreetly and by request. Special parental privilege to show hardcore pornography to their children for educational purposes. The law defines pornography to be hardcore pornography, thus anything else is not restricted.
  • Greece: Softcore magazines, calendars, and decks of cards are sold openly at roadside kiosks and tourist shops. Extreme or graphic pornography is generally restricted to adults or X-rated.
  • Hong Kong: Illegal if sold or shown to children under 18 of age, or if publicly displayed (except within the confinements of and only visible from inside "a bona fide art gallery or museum"), or if published without being wrapped completely without an "easily noticeable" notice stating that the material may be offensive and may not be distributed to minors.[6]
  • Hungary: Illegal if sold or shown to children under 18 of age. Display of genitals on cover of magazine is prohibited unless obscured.
  • Ireland: No laws against pornography (other than Child Pornography) as such however there are censorship boards with the power to ban the import, sale or distribution of individual publications and films. At one time the list of banned books ran into thousands although in recent years (particularly since the mid 1990's) very few publications or films have been banned.
  • India: Pornography is illegal and attracts several penal provisions. However, enforcement is extremely lax and pornographic materials are easily available. The law also states that only the distribution of pornography is illegal, while its creation and accessing it is not. Therefore, it is legal to access a pornographic site hosted on non-Indian servers. Pornographic films in India are referred to as "Blue Films" and are usually available virtually anywhere; especially in areas where pirated material is already being sold.
  • Indonesia: Illegal, however enforcement is extremely lax.
  • Israel: Legal, pornography in all its form can be found in any video rental shop (including video vending machines), and there are Israeli stores that specialize in pornography, as well as several companies that produce Israeli porn. In the past years hardcore pornography was broadcasted on Pay Per View television but it's currently illegal and only softcore porn allowed on TV.
  • Japan: As in Europe, photographs of nudes are not uncommon in the mainstream media. In the 1970's and 1980's, the strongest prohibition was against showing pubic hair or adult genitalia. Imported magazines would have the pubic hair scratched out, and even the most explicit videos could not portray it. Starting around 1991, photobook publishers began challenging this ban to the point where pubic hair is now fairly well accepted. Close-ups of genitalia remain proscribed. In 1999, the government enacted a law banning photos and videos of naked children, which were a fairly common sight in mainstream media before that time. Manga and anime remain largely unregulated, although large publishers tend to self-censor (which is rare if compared to the United States, as nudity is more accepted in Japan) or specify that characters are at least 18 years of age.
  • Malaysia: Illegal, however enforcement is extremely lax.
  • Mexico: Illegal if sold or shown to children under 18 years of age.
  • Netherlands: Very liberal laws. Magazines sold openly at normal newsstands. Child pornography is illegal. Pornographic movies are rated for viewers 16 years or older. Material involving animals declared illegal in 2006 due to new animal-welfare laws.
  • New Zealand: Illegal for sale under 18 years of age. Generally liberal, although the most extreme forms of pornography (paedophilia, rape, bestiality, etc.) are classified as objectionable material by the law.
  • Norway: Hardcore material has for long been illegal de jure, but legal in practice, that is, illegal to produce, distribute and sell, but legal to possess. One may e.g. acquire it abroad, on the internet, or via satellite TV. There are also some illegal porn shops, especially in the larger cities. To satisfy legal requirements, editors of erotic magazines, domestic TV channels and cable TV have obscured sexual organs in activity using black rectangles etc. After the Supreme Court on 7 December 2005 unanimously acquitted a former magazine editor for publishing unobscured hardcore pornography in 2002, however, it is understood that printed hardcore pornography is no longer illegal, and it is expected that pornographic magazines will be introduced in general stores. It is not yet clear if the Supreme Court decision will affect film or TV. (NB It is still illegal to depict illegal sexual activities, i.e. involving children, animals, necrophilia, rape, violence or the use of force.) [7], [8], [9]
  • Pakistan: Pornography is illegal. However they are easily accesible in most parts of the country especially in privately owned video shops and through the internet. They are commonly referred to as Blue Print movies.
  • Poland: Since September 1998 according to section 202 of national penal code pornography is legal except pornography materials with minors below 18 years old, bestiality (zoophilia) and “scenes of violence/rape”. Also illegal is presenting/showing pornography materials to the people who do not want to have any contacts with pornographic materials and to the persons under 18 years old. Pornography magazines and movies are sold in transparent plastic bags openly in kiosks, oil stations, supermarkets etc.
  • Russia: The legal status of pornography is uncertain. The law criminalizes only the 'illegal' production and selling of pornography (which implies that sometimes it can be legal), but two things make enforcement hard: (1) the law does not define what is pornography, and (2) the law does not define when production/selling is legal or illegal. But production, distribution and public demonstration of child pornography (below 18 y.o.) is a crime punishable by imprisonment. Possession is not a crime, if there is no intent to distribute or exhibit.
    In the Stalinist period, the importation of pornography to the USSR was a capital offence. Yagoda, the third head of the NKVD, was accused during his trial (besides espionage and high treason) of storing a great number of pornographic films and pictures. Such accusations were also faced by Yezhov, who followed Yagoda.
  • Singapore: Illegal, including softcore publications such as Playboy. Accessing internet pornography is illegal. The Media Development Authority (MDA), which regulates internet access in Singapore, requires ISP's to block porn site on a list of up to 100 pornographic websites they maintain. According the MDA, this is a symbolic list focuses on only the most popular porn sites. [10] [11]
  • Slovenia: Illegal if sold or shown to children under 18 of age. Display of genitals on cover of magazine is prohibited unless obscured.
  • Spain: Legal, very lax regulation. Not allowed to people under 18 years old. It is illegal to display pornographic material at newsstands, but the great majority do so. In the city centres there are sex shops. E-commerce merchants from all around the world use I.P.S.P. (internet clearing services) from Spanish banks. Ibiza island is a popular set for pornographic movies.
  • Sweden: May be viewed beginning at age 18, no age limits for magazines. Illegal for persons below 18 to act in films made in Sweden. Material involving animals is de-facto legal but subject to animal-welfare laws.
  • Switzerland: Legal, subject to exceptions: sale or display to persons under 16 or to non-consenting audiences is punishable by a fine or up to three years imprisonment. The same penalty is applicable for the possession, sale, import, etc. of child pornography, bestiality, excretions or violent acts. There is an exception for pornography with cultural or scientific merits. See Article 197 of the Penal Code.
  • Taiwan: Illegal if sold or shown to children under 18 years of age. Display of genitals on cover of magazine is prohibited unless obscured.
  • Turkey: Legal. Softcore porn widely available. Extreme or graphic pornography is generally restricted to adults or X-rated.
  • United Kingdom: Hardcore material was illegal until 1999, when trade-barrier difficulties with regards to European Community membership ensured the relatively free movement of such goods for personal importation only. R18-rated videos are only available in licensed sex shops, but hardcore pornographic magazines are available in newsagents in some places. Purely textual pornography has not been prosecuted since the Inside Linda Lovelace trial of 1976. The Home Office plans to introduce legislation to ban violent pornography. Child pornography is illegal to posses, make (in terms of electronic copies) and to distribute, and is punishable by up to 10 years custodial sentence on conviction. The law on this type of material is strictly defined by the Protection of Children Act 1978, Section 160 of the Criminal Justice Act 1988, further amended by the Criminal Justice and Public Order Act 1994 and the Sexual Offences Act 2003.
  • United States: Hardcore material is legal at the Federal level unless it meets the Miller test of obscenity, which is rare. Child pornography involving depictions of actual children engaged in sex acts or posing is a crime. Prosecution for and tolerance of pornography varies widely from state to state and city to city. Certain materials/acts have been self-regulated out of mainstream porn. Pornographic materials may not be made available to persons under 18 years of age or 21 in some jurisdictions. Some attempts at restricting pornography on the Internet have been struck down by the courts; see: Internet pornography.
  • Vietnam: Illegal. Enforcement is strict. According to the legislatures, pornography harms Vietnamese standard values. [12]

The potential ability to create realistic images using computer graphics or digital manipulation has led to some debates of legality. For instance, the Supreme Court of the United States struck down in 2002 the Child Pornography Prevention Act of 1996 that prohibited, among other things, simulated child pornography. The court ruled that it violated the First Amendment to ban material depicting fictional illegal conduct when no such conduct had been involved in production. However, in the UK, the Criminal Justice and Public Order Act 1994 reached entirely the opposite conclusion, that if an image creates a convincing enough impression, it becomes an indecent pseudo-photograph of a child and is equally prosecutable under the law as an actual photograph.

The Internet has also caused problems with the enforcement of age limits regarding performers. In most countries, women and men under the age of 18 are not allowed to appear in porn films, but in several European countries the age limit is 16, and in the UK (excluding Northern Ireland) and Denmark it is legal for women as young as 16 to appear topless in mainstream newspapers and magazines. This material often ends up on the Internet and viewed by people in countries where this constitutes child pornography, creating challenges for lawmakers wishing to restrict access to such material.

Anti-pornography movement

Main article: Anti-pornography movement

Opposition to pornography generally, though not exclusively, comes from several sources: law, religion and feminism. Some critics from the latter two camps have expressed belief in the existence of "pornography addiction."

Distribution of obscenity is a Federal crime in the United States, and also under most laws of the 50 states. There is no right to distribute obscene materials. Child pornography is illegal. The determination of what is obscene is up to a jury in a trial, which must apply the Miller test.

In explaining its decision to reject claims that obscenity should be treated as speech protected by the First Amendment, in MILLER v. CALIFORNIA, 413 U.S. 15 (1973)the US Supreme Court found that

The dissenting Justices sound the alarm of repression. But, in our view, to equate the free and robust exchange of ideas and political debate with commercial exploitation of obscene material demeans the grand conception of the First Amendment and its high purposes in the historic struggle for freedom. It is a "misuse of the great guarantees of free speech and free press . . . ." Breard v. Alexandria, 341 U.S., at 645 .

and in PARIS ADULT THEATRE I v. SLATON, 413 U.S. 49 (1973) that

In particular, we hold that there are legitimate state interests at stake in stemming the tide of commercialized obscenity, even assuming it is feasible to enforce effective safeguards against exposure to juveniles and to passersby. 7 [413 U.S. 49, 58] Rights and interests "other than those of the advocates are involved." Breard v. Alexandria, 341 U.S. 622, 642 (1951). These include the interest of the public in the quality of life and the total community environment, the tone of commerce in the great city centers, and, possibly, the public safety itself... As Mr. Chief Justice Warren stated, there is a "right of the Nation and of the States to maintain a decent society . . .," [413 U.S. 49, 60] Jacobellis v. Ohio, 378 U.S. 184, 199 (1964) (dissenting opinion)... The sum of experience, including that of the past two decades, affords an ample basis for legislatures to conclude that a sensitive, key relationship of human existence, central to family life, community welfare, and the development of human personality, can be debased and distorted by crass commercial exploitation of sex.

In the United States in 2005, Attorney General Gonzales made obscenity and pornography a top prosecutorial priority of the Department of Justice[13].

Religious objections

Fundamentalist religious tradition generally limits sexual intercourse to the express function of procreation. Thus, sexual pleasure or sex oriented entertainment, as well as lack of modesty, are usually considered immoral by conservative religious sects. Additionally, many religious groups view pornography as contributing to immoral behavior in society.

Feminist objections

Feminist critics of pornography, such as Andrea Dworkin and Catharine MacKinnon, generally consider it demeaning to women. They believe that most pornography eroticizes the domination, humiliation, and coercion of women, reinforces sexual and cultural attitudes that are complicit in rape and sexual harassment, and contributes to the male-centered objectification of women. Some feminists distinguish between pornography and erotica, which they say does not have the same negative effects of pornography. However, many Third-wave feminists and postmodern feminists disagree with this critique of porn, claiming that appearing in or using pornography can be explained as each individual woman's choice, and is not guided by socialisation in a capitalist patriarchy.

Pornography and sex crimes

It has long been theorized that there may be a link between pornography, particularly violent pornography, and an increase in sex crime. There have been many studies done to validate or disprove this hypothesis. The results have greatly varied from study to study.

Pornography and sexual aggression

In the 70's and 80's, mainstream feminists such as Catharine MacKinnon and Andrea Dworkin criticized pornography as essentially dehumanizing women and as likely to encourage violence against them. They formed an alliance with evangelical Christians to help discourage use of or production of pornography.

Some researchers have found that "high pornography use is not necessarily indicative of high risk for sexual aggression," but go on to say, "if a person has relatively aggressive sexual inclinations resulting from various personal and/or cultural factors, some pornography exposure may activate and reinforce associated coercive tendencies and behaviors." (Malamuth, Addison, & Koss, 2000, p. 79-81).

Violence against women in the production of pornography

According to Dr. Diana Russel, "When addressing the question of whether or not pornography causes rape, as well as other forms of sexual assault and violence, many people fail to acknowledge that the actual making of pornography sometimes involves, or even requires, violence and sexual assault." [14]

In 1979, Andrea Dworkin published Pornography: Men Possessing Women, which analyzes (and extensively cites examples drawn from) contemporary and historical pornography as an industry of woman-hating dehumanization. Dworkin argues that it is implicated in violence against women, both in its production (through the abuse of the women used to "star" in it), and in the social consequences of its consumption (by encouraging men to eroticize the domination, humiliation, and abuse of women).

Some more recent pornography has been produced under the rubric of "by and for women". For example, the Feminist Porn Awards were created to honor women's contribution to the genre. In order to receive an award it is required that: "A woman was substantially involved in the creation of the film as producer, director, or cameraperson; the film portrays real orgasms, and women getting their fair share of genuine pleasure; and the film expands the range of sexual expressions for women." [15]

U.S. Government Commissions on pornography

The then available evidence as to the influence of pornography was assessed by two major Commissions established in 1970 and 1986, respectively. In 1970, the Presidential Commission on Obscenity and Pornography concluded that there was insufficient evidence that exposure to explicit sexual materials played a significant role in the causation of delinquent or criminal behavior. In 1986, the Attorney General's Commission on pornography reached the opposite conclusion, advising that pornography was in varying degrees harmful. In effect, however, the two commissions were answering different questions. Between 1970 and 1986 the nature of pornography changed substantially. In 1970, full frontal nudity could rarely be found in newstand magazines because it could successfully be prosecuted as obscenity. One scholar noted, "In 1970, many of the experimental studies utilized sexually explicit materials from sex research institutes...because of the difficulty of obtaining material from the local market". By 1986, hard-core material (penetration cleary visible) was no longer difficult to find. The 1986 commission reported some convergent validation of the effect of violent pornography including:

  • Aggression toward women under laboratory conditions
  • Significant increases by college aged males in the acceptance of rape myths and of sexual violence toward women
  • Seeing the rape victim as more responsible for the assault, with perpetrators absolved and viewed less negatively
  • More aggressive sexual fantasies

Japan, which is noted for large number of rape fantasy pornography, has the lowest reported sex crime rate in the industrialized world, which has led some researchers to speculate that an opposite relationship may in fact exist—that wide availability of pornography may reduce crimes by giving potential offenders a socially accepted way of regulating their own sexuality. Conversely, some argue that reported sex crime rates are low in Japan because the culture ( a culture that greatly emphasizes a woman's "honor") is such that victims of sex crime are less likely to report it (e.g. chikan [16]).

A case study: Japan

Milton Diamond and Ayako Uchiyama write in "Pornography, Rape and Sex Crimes in Japan" (International Journal of Law and Psychiatry 22(1): 1-22. 1999) [17]:

Our findings regarding sex crimes, murder and assault are in keeping with what is also known about general crime rates in Japan regarding burglary, theft and such. Japan has the lowest number of reported rape cases and the highest percentage of arrests and convictions in reported cases of any developed nation. Indeed, Japan is known as one of the safest developed countries for women in the world (Clifford, 1980). (...)
Despite the absence of evidence, the myth persists that an abundance of sexually explicit material invariably leads to an abundance of sexual activity and eventually rape (e.g., Liebert, Neale, & Davison, 1973). Indeed, the data we report and review suggest the opposite. Christensen (1990) argues that to prove that available pornography leads to sex crimes one must at least find a positive temporal correlation between the two. The absence of any positive correlation in our findings, and from results elsewhere, between an increase in available pornography and the incidence of rape or other sex crime, is prima facie evidence that no link exists. But objectivity requires that an additional question be asked: "Does pornography use and availability prevent or reduce sex crime?" Both questions lead to hypotheses that have, over prolonged periods, been tested in Denmark, Sweden, West Germany and now in Japan. Indeed, it appears from our data from Japan, as it was evident to Kutchinsky (1994), from research in Europe, that a large increase in available sexually explicit materials, over many years, has not been correlated with an increase in rape or other sexual crimes. Instead, in Japan a marked decrease in sexual crimes has occurred.

There has also been a recent increase in sex crimes in Japan which parallels an increase in all crimes. Some in Japan have blamed the increase on violent pornography and indeed, some sex offenders report having been inspired by themes in commonly available pornography. The counter argument is that some sex offenders will likely use any defense they can to lower their culpability.

Pornographic stereotypes

Pornographic work contains a number of stereotypes. Although pornography targeted at heterosexual males often includes interaction between females, interaction between males is rarely seen. In hardcore materials, a male generally ejaculates outside his partner's body, in full view: the so-called "cum shot". Penises are almost always shown fully erect (except where prohibited). In heterosexual pornography the choice of position is naturally geared to giving the viewer the fullest view of the woman, making the reverse cowgirl position, and the man holding the woman in a "dog-and-lamp-post" position among the most popular. Fellatio scenes usually involve the woman looking into the camera or at the man, for similar reasons. Especially in American or Japanese porn, women tend to be vocal and loud during hardcore scenes.

These conventions apply to mainstream pornography. Homosexual and BDSM-related pornography, for example, often operate under different rules.

Pornography by region

Main article: Pornography by region

The production and distribution of pornography are economic activities of some importance. The exact size of the economy of pornography and the influence that it plays in political circles are matters of controversy. Pornography is now a major part of life for some, with many couples swearing by it to relieve themeselves sexually.

Economics

United States: In 1970, a Federal study estimated that the total retail value of all the hard-core porn in the United States was no more than $10 million [citation needed]. Although the revenues of the adult industry are difficult to determine, by 2003, Americans were estimated to spend as much as $8 to $10 billion on pornography. [5]

On average, the United States spends more money on pornography than on aid to third-world countries or "legitimate" movies, but less than on theme park admissions per annum.[citation needed] The majority of pornographic video is shot in the San Fernando Valley, which acts as a center for various models, actors/actresses, production companies, and other assorted businesses involved in the production and distribution of porn.

Sub-genres of pornography

Main article: List of pornographic sub-genres

In general, softcore refers to pornography that does not depict penetration, and hardcore refers to pornography that depicts penetration.

Some popular genres of pornography:

Media

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See also

Footnotes

  1. ^ Wendy McElroy: XXX: A Woman's Right to Pornography, St. Martin's Press, 1977
  2. ^ a b c Marilyn Chambers, John Leslie, Seymore Butts (2005). Pornography: The Secret History of Civilization (DVD). Koch Vision.
  3. ^ Arizona Criminal Code
  4. ^ Sigel, Lisa (2002). Governing Pleasures. Pornography and Social Change in England, 1815–1914. Rutgers University Press. ISBN 0-8135-3001-6.
  5. ^ Schlosser, Eric (2003), Reefer Madness.

Advocacy of Pornography

Criticisms

Feminist & Left Criticisms of Pornography

Religious & Right-Wing Criticisms of Pornography

Government & NGO Criticisms of Pornography

  • Asacp.org Association of sites advocating child protection -- Organization of adult sites against child pornography.

Commentary

Databases

Government

News

Sociology

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