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Pornography has existed since the origins of the United States, and has become more readily accessible in the 21st century. Advanced by technological development, it has gone from a hard-to-find "back alley" item, beginning in 1969 with Blue Movie by Andy Warhol, the Golden Age of Porn (1969–1984) and home video, to being more available in the country and later, starting in the 1990s, readily accessible to nearly anyone with a computer or other device connected to the Internet. The U.S. has no current plans to block explicit content from children and adolescents, as many other countries have planned or proceeded to do.
Definitions and restrictions on pornography vary across jurisdictions. The production, distribution, and possession of pornographic films, photographs, and similar material are activities that are legal in many but not all countries, providing that any specific people featured in the material have consented to being included and are above a certain age. Various other restrictions often apply as well. The minimum age requirement for performers is most typically 18 years.
Rape pornography is a subgenre of pornography involving the description or depiction of rape. Such pornography either involves simulated rape, wherein sexually consenting adults feign rape, or it involves actual rape. Victims of actual rape may be coerced to feign consent such that the pornography produced deceptively appears as simulated rape or non-rape pornography. The depiction of rape in non-pornographic media is not considered rape pornography. Simulated scenes of rape and other forms of sexual violence have appeared in mainstream cinema, including rape and revenge films, almost since its advent.
The Spanner Trust is a United Kingdom organisation set up to campaign for the right for adults to take part in consensual BDSM activities without fear of prosecution. It was set up after the Operation Spanner court case. As part of its campaign, the Spanner Trust has made a number of submissions to government consultations regarding sadomasochistic activities.
Pornography has been defined as sexual subject material such as a picture, video, text, or audio that is intended for sexual arousal. Made for consumption by adults, pornography depictions have evolved from cave paintings, some forty millennia ago, to virtual reality presentations. A general distinction of adult content is made classifying it as pornography or erotica.
Jane Longhurst was a British special-needs teacher and musician who was murdered by Graham Coutts on 14 March 2003. Longhurst's partly decomposed body was found burning in woodland in West Sussex on 19 April. Coutts, who was dating Longhurst's best friend, was a guitarist and part-time salesperson living in Brighton.
Backlash is an umbrella group formed in 2005 to coordinate opposition to the “Consultation on the possession of extreme pornographic material” issued in the United Kingdom jointly by the Home Office and the Scottish Executive. Its stated belief is that the proposals underlying the consultation represent an unjustified assault on freedom of speech and freedom of expression.
Internet censorship in the United Kingdom is conducted under a variety of laws, judicial processes, administrative regulations and voluntary arrangements. It is achieved by blocking access to sites as well as the use of laws that criminalise publication or possession of certain types of material. These include English defamation law, the Copyright law of the United Kingdom, regulations against incitement to terrorism and child pornography.
In the United Kingdom, pornography is regulated by a variety of laws, regulations, judicial processes, and voluntary schemes. Pornographic material generally has to be assessed by regulators or courts to determine its legality. British censorship laws with regard to pornography have often been some of the most restrictive in Western Europe.
Section 63 of the Criminal Justice and Immigration Act 2008 is a law in the United Kingdom criminalising possession of what it refers to as "extreme pornographic images". The law came into force on 26 January 2009. The legislation was brought in following the murder of Jane Longhurst by a man who was said at the time of his trial to have had "extreme pornography" in his possession at the time of the death. The law has been more widely used than originally predicted, raising concerns as to whether the legislation is being used for prosecutions beyond the scope originally envisaged by parliament.
An obscenity is any utterance or act that strongly offends the prevalent morality of the time. It is derived from the Latin obscēnus, obscaenus, "boding ill; disgusting; indecent", of uncertain etymology. Generally, the term can be used to indicate strong moral repugnance and outrage in expressions such as "obscene profits" and "the obscenity of war". As a legal term, it usually refers to descriptions and depictions of people engaged in sexual and excretory activity.
Much of the regulation in the adult film industry has been limited to preventing child pornography. To enforce the age of entry restriction, most adult industry production companies are required to have a Custodian of Records that documents and holds records of the ages of all performers.
Simulated child pornography is child pornography depicting what appear to be minors but which is produced without their direct involvement.
The production, sale, distribution, and commercialization of child pornography in Japan is illegal under the Act on Punishment of Activities Relating to Child Prostitution and Child Pornography, and the Protection of Children (1999), and is punishable by a maximum penalty of five years in prison and/or a fine of ¥5,000,000. Simple possession of child pornography was made illegal by an amendment to the act in 2014. Virtual child pornography, which depicts wholly-fictional characters, is legal to produce and possess.
The anti-pornography movement in the United Kingdom is a social movement that seeks to reduce the availability of pornography in the country. The movement originates from two distinct perspectives: some feminists oppose pornography because they regard it as a means of degrading women, while some conservatives view it as immoral. The movement has had some influence over legislation, resulting in a number of laws intended to restrict the availability of certain genres of pornography which are legal in a number of other countries. Feminists Against Censorship have described the movement as more concerted and better organised than similar movements in other Western liberal democracies.
Child pornography is erotic material that depicts persons under the designated age of majority. The precise characteristics of what constitutes child pornography varies by criminal jurisdiction.
Revenge porn is the distribution of sexually explicit images or videos of individuals without their consent. The material may have been made by a partner in an intimate relationship with the knowledge and consent of the subject at the time, or it may have been made without their knowledge. The subject may have experienced sexual violence during the recording of the material, in some cases facilitated by narcotics such as date rape drugs which also cause a reduced sense of pain and involvement in the sexual act, dissociative effects and amnesia. The possession of the material may be used by the perpetrators to blackmail the subjects into performing other sexual acts, to coerce them into continuing a relationship or to punish them for ending one, to silence them, to damage their reputation, and/or for financial gain. In the wake of civil lawsuits and the increasing numbers of reported incidents, legislation has been passed in a number of countries and jurisdictions to outlaw the practice, though approaches have varied and been changed over the years. The practice has also been described as a form of psychological abuse and domestic violence, as well as a form of sexual abuse.
Clare Mary Smith McGlynn is a Professor of Law at Durham University in the UK. She specialises in the legal regulation of pornography, image-based sexual abuse, cyberflashing, online abuse, violence against women, and gender equality in the legal profession. In 2020, she was appointed an Honorary KC in recognition of her work on women's equality in the legal profession and shaping new criminal laws on extreme pornography and image-based sexual abuse. She was awarded an Honorary Doctorate from Lund University, Sweden, in 2018 in recognition of the international impact of her research on sexual violence and she is a Fellow of the Academy of Social Sciences. She is a member of the UK Parliament's Independent Expert Panel hearing appeals in cases of sexual misconduct, bullying and harassment against MPs. She has given evidence before Scottish, Northern Irish and UK Parliaments on how to reform laws on sexual violence and online abuse, as well as speaking to policy audiences across Europe, Asia and Australia. In November 2019, she was invited to South Korea to share international best practice in supporting victims of image-based sexual abuse and she has worked with Facebook, TikTok and Google to support their policies on non-consensual intimate images.
The Audiovisual Media Services Regulations 2014 is a statutory instrument of the Parliament of the United Kingdom that applies regulations to R18-rated pornography that is available through paid video on demand or other streaming platforms. Prior to the regulations coming into force, neither Ofcom nor the British Board of Film Classification (BBFC) had jurisdiction over such content. In force from 1 December 2014, these regulations were made by the Secretary of State in exercise of the powers conferred by section 2(2) of the European Communities Act 1972.
Deepfake pornography, or simply fake pornography, is a type of synthetic pornography that is created via altering already-existing photographs or video by applying deepfake technology to the images of the participants. The use of deepfake porn has sparked controversy because it involves the making and sharing of realistic videos featuring non-consenting individuals, typically female celebrities, and is sometimes used for revenge porn. Efforts are being made to combat these ethical concerns through legislation and technology-based solutions.
References
- ↑ Jane Fae (19 June 2008). "Do you know how much of your porn is extreme?". The Register.
- ↑ "Beware the kinky porn ban! We still can't get advice". Consenting Adult Action Network. Archived from the original on 25 January 2009. Retrieved 7 December 2008.
- ↑ Jane Fae (29 August 2008). "Erotic artist urges spanking for Jacqui Smith". The Register.
- ↑ "Battle lines drawn over Bill to ban 'extreme' porn". Belfast Telegraph. Belfast, Ireland. 31 December 2008. Retrieved 27 November 2022.
- ↑ "Porn protesters hit Westminster". BBC News. 21 October 2008. Retrieved 7 December 2008.
- ↑ Jane Fae (22 October 2008). "Government tied in knots by bondage protest". The Register.
- ↑ "London Gay Fetish Awards 2008". Archived from the original on 9 December 2008. Retrieved 8 December 2008.
- ↑ "News - CAAN - Consenting Adult Action Network". www.caan.org.uk. Archived from the original on 18 December 2008. Retrieved 7 December 2008.
- ↑ Jane Fae (26 January 2009). "Deviants, perverts, 'weirdos' - who's going down?". The Register.
- ↑ "Extreme Pornography News: Latest". www.melonfarmers.co.uk.
- ↑ "CAAN Action Notice". Consenting Adult Action Network. Archived from the original on 24 January 2009. Retrieved 17 January 2009.
- ↑ "Beyond The Circle by John Ozimek". Consenting Adult Action Network. Archived from the original on 15 April 2010. Retrieved 17 March 2010.
- 1 2 "Issues - CAAN". www.caan.org.uk. Archived from the original on 17 December 2008.
- ↑ "Safeguarding Vulnerable Groups Act 2006". legislation.gov.uk.
- ↑ "Millions must be on vetting list". BBC News. 2 June 2008. Retrieved 30 April 2010.
- ↑ Jane Fae (14 July 2008). "Criminal record checks could hit over 14 million people". The Register.