Pornography has been dominated by a few pan-European producers and distributors, the most notable of which is the Private Media Group that successfully claimed the position previously held by Color Climax Corporation in the early 1990s. Most European countries also have local pornography producers, from Portugal (e.g. Naturalvideo) to Serbia (e.g. Hexor), who face varying levels of competition with international producers. The legal status of pornography varies widely in Europe; its production and distribution are illegal in countries such as Ukraine, Belarus and Bulgaria, while Hungary has liberal pornography laws.
In Albania, pornography is illegal only for producing, delivery, advertising, import, selling and publication of pornographic materials in persons under 18 years old. Child pornography is strictly prohibited.[1]
In 1990, the "Federal Act Against Obscene Publications and for the Protection of Youth Morally Endangered" was passed to regulate pornography in Austria. In 1994 a prohibition on child pornography was added to the law. Under these regulations the minimum age for buying hardcore pornography is 16. Publication of pornography or material depicting bestiality is illegal.[2]
Pornography is illegal in Belarus. Production, distribution, promotion, exhibition as well as possession with intent of distribution or promotion of pornographic materials or objects of pornographic nature is punished by Belarusian criminal law and results in compulsory community service, fine or up to 4 years imprisonment.[3]
In the People's Republic of Bulgaria (1946–1990) pornography was only available to a comparatively limited number of people. What pornographic materials there were (mostly magazines and videocassettes) were smuggled into the country. The abandonment of censorship in the early post-communist period resulted in pornography becoming widely available. In the early 1990s pornographic magazines were sold at newsstands, pirated foreign pornographic videocassettes became available and foreign pornographic television stations were accessible. The first Bulgarian pornographic film was made in 1992.[4]
The production and distribution of pornography is illegal in Bulgaria.[5] The filming of pornography and the online distribution of sexual content are illegal. There are no Bulgarian pornographic production companies. Accessing, possessing or storing pornographic materials is not illegal (except for child pornography).
The penalty for production or distribution of pornography is up to one year imprisonment (or up to two years if the perpetrator used the Internet) and a fine of 1000 to 3,000 leva. The penalty for distribution or possession of child pornography is up to one year imprisonment or a fine of up to 2,000 leva. Authorities tolerate illegal distribution of hardcore porn in designated shops, and on television after 11:00p.m. Softcore material is rarely censored. Magazines and pornographic papers have become increasingly available since the fall of communism in 1989, and local editions of many international porn magazines are published. Society is often exposed to sexual content in advertising.[6][7]
The sale and distribution of child pornography is illegal and is punishable by imprisonment for up to 3 years. Possession of child pornography was made illegal in 2007 and carries a penalty of up to 2 years in prison. The Czech penal code also bans the sale and distribution of pornography depicting sexual intercourse with an animal and pornography depicting violence or disrespect to human beings, with a penalty of up to 1 year in prison.[8]
A ban on pornographic literature was lifted in 1967. In 1969, Denmark became the first country in the world to legalize pornography.[9] People in Denmark have free access to pornography. Pornography including minors younger than 18 years is prohibited since 1980, and possession of the same is also illegal.
In Finland, child pornography is illegal, along with violent and bestial pornography.[11] It is legal to sell pornography in any store, but magazines may not be sold to buyers less than 16 years of age, and hardcore is restricted to buyers aged at least 18.
Prior to 1 January 1999, all indecent publishing, including the import and export thereof, was banned.[12]
Pornography is legal with the exception of child pornography. German prosecution authorities and legal bodies of Germany's sixteen states handle the definition of child pornography very differently. The German Edathy affair of 2013–14 following the neglected cooperation of BKA within the Canadian child pornography uncoverings gave way for new legislation procedures in parliament to define the status of either posing or exhibitive pictures of minors. New laws were still in parliamentary debating as recently as 19December 2014.[needs update]
Greece
Pornography in Greece is legal by selling or publishing material, but it is illegal to minors under 18 years old. Despite the fact, the practice is still commonly done because the law is weakly enforced. Pornographic material is sold in sex shops, DVD-clubs, mini markets, and kiosk shops. There is also a local pornographic production which began unofficially in the 1970s, which then became official and full legal since 2008.[13] Child pornography is illegal and is punished by imprisonment and monetary penalties.[14]
In Hungary, the production of pornography mainly dates from the period after the fall of communism in 1989. The production and distribution of pornography was illegal under communism, but the laws were liberalised with the emergence of democracy.[15] Permissive government policies soon propelled the country to the forefront of the European pornography industry. Several foreign directors were attracted to the country's liberal legislation, cheap production costs and large supply of attractive female performers.[16] Eventually, domestic producers began to prosper as well, and several female actresses made big names for themselves within the industry. Hungarian pornography is different from that produced in America in the more natural appearance of its performers. The sex scenes also tend to be more extreme, with frequent use of anal sex and various forms of multiple penetration.[17]
Iceland
Publication of pornography is illegal in Iceland,[18] and is punishable by a fine or imprisonment for up to 6 months. Publication of child pornography is punishable by a fine or imprisonment for up to 2 years. In 2013 the Icelandic government proposed banning violent Internet pornography[19][20] and Iceland's parliament began debating a ban on online pornography.[21]
Ireland
Other than regulations[clarification needed] regarding pornographic movies, no laws against pornography, other than child pornography (a child is defined as someone under 17), exist.[22]
Although Italy had accumulated a lot of softcore pornography in the 1970s, hardcore pornography was not a usual trend until the 1980s. The first pornographic film in Italy was Il Telefono rosso (The red telephone) in 1983 by Riccardo Schicchi with Ilona Staller (aka "Cicciolina"). The film caused much controversy and it was restrained from legal release until 1986 with an alternate revision of Italian censorship laws.
Latvia
In Latvia, the distribution of pornographic material is allowed under very similar legal conditions as in Poland.[23] Pornographic or erotic material is rarely to never sold in places accessible to general public.
Lithuania
Lithuania has some of the strictest laws on pornography.[24] Distribution, production and acquisition of pornographic material is prohibited by Article 309 of the country's Criminal Code which states in section 1 that "A person who, for the purpose of distribution, produces or acquires pornographic material or distributes such material shall be punished by community service or by a fine or by restriction of liberty or by imprisonment for a term of up to one year".[25]
In Malta, pornography and obscene material was prohibited until the latter part of 2016, regardless of whether it was for commercial purposes or whether it was directed at an adult audience. The relevant law in this respect was Article 208 (1) of the Criminal Code of Malta which prohibited the manufacture, print, importation, circulation and exportation of pornographic or obscene print, painting, photograph, film, book, card or writing, or any other obscene article whatsoever, whether for gain, or for distribution, or for display in a public place. In a decision given on 21 February 2011,[26] the Maltese Court of Criminal Appeal upheld the criminal conviction of Mr. Alexander Baldacchino who was found guilty of exhibiting soft and hardcore pornographic films at the City Lights Theatre in Valletta.[27] In another judgement, student editor Mark Camilleri and author Alex Vella Gera were found not guilty under Article 208 (1) of the Criminal Code and Article 7 of the Press Act (obscene libel) for the publication of an obscene story entitled Li Tkisser Sewwi (translated in English to 'Repair that which you break') in student newspaper Realtà (distributed for free on campus at the University of Malta) by the Court of Magistrates (Malta). The decision was upheld by the Court of Criminal Appeal.[28]
In 2015, the Minister of Social Justice Owen Bonnici started to work on legislation to allow both services or art to create pornographic material while also giving official right to access pornographic material.[29] By late 2016 the parliament of Malta gave the green light for most pornographic material.[30] Pornography involving minors, disabled and extreme forms of expression, including threats with the use of such material, remain illegal.[31]
Article 240a indirectly prohibits giving pornographic pictures to children younger than 16 years. Maximum imprisonment is one year, or a fine of the 4th category (€19,500).[32]
Article 240b prohibits child pornography, which is defined as a picture showing a person younger than 18 performing sexual acts. Maximum imprisonment is 4 years or a fine of the 5th category (€78,000). It also prohibits making a profession or habit of it. The maximum imprisonment in that case is 6 years or a fine of the 5th category (€78,000).[33]
Article 248e prohibits online dating with minors (0–15 years old) in order to have sex or to make porn with them. The maximum imprisonment in that case is 2 years or a fine of the 4th category (€19,500).[34]
Article 254a prohibits bestiality porn. Maximum imprisonment is 6 months or a fine of the 3rd category (€7,800).[35]
Norway
In Norway, hardcore material was illegal until 2006 de jure to distribute, or sell, but legal to possess. Production, however, was not explicitly illegal, thus both photo and movie shoots occurred. One could acquire pornography abroad, on the Internet, or via satellite TV. Illegal porn shops also existed, especially in larger cities. To satisfy legal requirements, editors of erotic magazines, domestic TV channels, and cable TV obscured sexual organs in activity using black rectangles and the like. After the Supreme Court of Norway unanimously acquitted a former magazine editor on 7 December 2005 for publishing unobscured hardcore pornography in 2002, it became understood that printed hardcore pornography was no longer illegal. Pornography became legal on March 14, 2006. Regular and cable TV tend to abide by the old standards, seeing that edited TV is regulated by a separate law and thus is not affected by the Supreme Court decision. Video-on-demand, however, is not regulated by the TV laws, and, thus, pornography is legal to order.
The depiction of illegal sexual activities, including those involving children, animals, necrophilia, rape, violence, or the use of force, remains illegal.[36][37][38]
Poland
In Poland, as of September 1998, Article 202 of the national Penal Code makes pornography legal except for the production or possession of pornographic materials containing minors, bestiality (zoophilia), and "scenes of violence/rape". Also illegal is presenting or showing pornographic materials to people who do not want to have any contact with them, and to persons under 15 years of age.[39]
Portugal
In Portugal, hardcore pornographic movies can only be shown in adult cinemas. Videos and magazines are openly sold in newsstands but are forbidden by law to be supplied to minors under the age of 18 years. Additionally, hardcore pornographic movies are banned from open-channel TV and can only be broadcast through encrypted/pay-per-view channels.
Child pornography (i.e., pornography depicting children or juveniles below the age of 18) is illegal. Although the national age of consent is 14, the age of legal responsibility (i.e., the age a person can sign contracts consenting to appear in pornography) is 18.
Romania
Romania legalized pornography in 2003. Production and distribution of pornography is legal, and regulated by the Law 196/13.05.2003.[40] Child pornography is punishable with up from 1 to 5 years imprisonment, according to the article 374 of the Romanian Penal Code.[41]
The status on zoophilic pornography in uncertain, as there no laws that ban or at least, define it.
According to Russian law, consumption of pornography is allowed though the production of it is not. The illegal production, distribution, and "public demonstration" of pornography is punishable by a 2- to 6-year prison term. Roskomnadzor, the Russian government's media overseer, has the power to order the blocking of pornographic websites. In 2015 the agency required the blocking of the Russian-language version of Pornhub and 10 other pornographic sites on the basis of a court ruling.[42]
Spain
Pornography was illegal in Francoist Spain, although some people travelled to France to see films such as Last Tango in Paris and some group tours to French X-rated cinemas were organised.[43] For climate reasons, a number of Private movies were shot though not released in Spain.[citation needed]
The censorship of that period ended with Franco's death in 1975.[43] For less than a year there was no censorship at all, and hardcore porn was sometimes shown in main cinemas.[citation needed] Subsequently the S-rating for films was introduced, allowing softcore pornography to be shown in mainstream cinemas. The film genre that arose was known as destape (undressing) and included popular films such as Las eróticas vacaciones de Stela (Stela's Erotic Vacations), El mundo maravilloso del sexo (The Marvellous World of Sex), Trampa sexual (Sexual Trap) and La orgía (The Orgy). The magazine Interviú, founded in 1976, had revealing covers of famous actresses and included nude photographs inside. In 1983 the S-rating was replaced by the more permissive X-rating.[43]
Sweden
Like Denmark and the Netherlands, Sweden does not regulate pornography[44] and the country has no age laws for the possession or viewing of pornography. Some shops follow a voluntary limit and do not sell to minors. Material that involves animals is legal, though it is subject to animal-welfare laws. BDSM is classified as an "illegal depiction of violence" (olaga våldsskildring).[citation needed]
It is illegal for people under the age of 18 to act or pose for pornography in Sweden. Recording, downloading, distributing or watching pornographic photographs and films depicting children is a crime.[45] Swedish child pornography laws outlaw actual photographic material as well as drawn images. The Supreme Court argued, however, that because a conviction would mean a restraint in the defendant’s freedom of expression, the court must present a serious case as to when pornographic manga-styled cartoon images like hentai or lolicon can have any potential to harm a child in any way. Since the images are usually not made in any child’s likeness and because e.g. manga was deemed an expression of Japanese culture, the Supreme Court ruled that the restraint on the defendant’s freedom of expression would be too great if it was punishable due to the images being held to constitute child pornography.[46][47]
Switzerland
Pornography in Switzerland is defined by the Article 197 of the Swiss criminal code. The first alinea states that «Any person who offers, shows, passes on or makes accessible to a person who is under the age of 16 pornographic documents, sound or visual recordings, depictions or other articles of a similar nature or pornographic representations, or broadcasts any of the same on radio or television is liable to a custodial sentence not exceeding three years or to a monetary penalty.» Furthermore, it is illegal to produce, import, store, market, advertise, exhibit, offer, show, pass on or make accessible pornography that depicts sexual acts involving children (under 16 years old) or animals, human excrement, or acts of violence, called "hard pornography".
Since July 2014,[48] human excrement and urine are not considered being "hard pornography" anymore. Until June 2014, actors aged 16 and above could participate in a pornography production; however, since July 2014, the age of participation was raised to eighteen. This is due to the Swiss ratification of the Lanzarote Convention.
The age of viewing pornography stays fixed at 16 years old (Art. 197 al. 1 of the Swiss criminal code).
The same materials cited above are nevertheless not regarded as pornographic if they have a cultural or scientific value that justifies their protection by law.[49]
Turkey, which is a formally secular state with a Muslim majority, was the first country to legally produce pornographic materials in the Muslim world. After a long period of producing Italian-inspired softcore comedies in the 1970s, the hardcore film Öyle Bir Kadın Ki was distributed in 1979.[citation needed]
Ukraine
Pornography was outlawed in Ukraine in 2009 when the then president Victor Yushchenko signed new legislation.[50] The law has been overwhelmingly approved by the Verkhovna Rada (the Ukrainian parliament).[51] The possession, distribution, sale and manufacture of pornographic materials are illegal, with laws strictly enforced. Possession of pornographic material can carry a fine or up to three years imprisonment. Pornography is defined by the law as "vulgar, candid, cynical, obscene depiction of sexual acts, pursuing no other goal, the explicit demonstration of genitals, unethical elements of the sexual act, sexual perversions, realistic sketches that do not meet moral criteria and offend honor and dignity of the human by inciting low instincts".[52] Pornography for "medical purposes" remains legal.[53]
Wiska, one of Ukraine's internationally known pornstars, alleges continuous and unconstitutional persecution for her work abroad, and has unsuccessfully applied for political asylum in the European Union.[54]
"In Britain, where pornography is already more restricted than it is anywhere else in the English-speaking world or in Western Europe", wrote Avedon Carol in 1995, "sexual media is easily smeared for an audience that is seldom given an opportunity to see what really is sold under the name of 'pornography'".[55]
Pornographic material released on DVD or video formats is required (under terms set out in the Video Recordings Act 1984) to be classified by the British Board of Film Classification (BBFC), who will generally place such material either at their assigned ‘18’ or ‘R18’ classifications. The Licensing Act 2003 requires that BBFC classifications be applied to adult works released in England and Wales, or Northern Ireland within a theatrical context.
The current British legislative framework including the Obscene Publications Act 1959 (in England and Wales), the Civic Government (Scotland) Act 1982 (in Scotland) and the Video Recordings Act 1984 (which is applied nationwide) leads to a confusing situation in which there is a theoretical ban on the publication and distribution (but not possession) of pornographic material in any form, which is in practice unenforcable due to the vagueness of the legal test of material that "depraves and corrupts". In practice, hardcore material on video and DVD was until recently banned by the requirement under the Video Recordings Act to be certified by the BBFC, while mainstream hardcore material in other forms such as magazines and websites is essentially unrestricted.
Continental European, American and British hardcore pornographic magazines are now openly sold in many British newsagents, for instance. Due to liberalisation in BBFC policy, mainstream hardcore DVDs now receive R18 certificates, legalising them but restricting their sale to licensed sex shops such as those in Soho.
Until it left the European Union on 1 January 2021, the UK was the only Member State of the EU to prohibit private imports of adult pornography by consumers coming from other Member States. In the 2004–2005 fiscal year, the agents of Her Majesty's Revenue and Customs seized 96,783 items of pornographic media carried by people travelling into the UK.[56]
In 2005, the UK porn industry was estimated to be worth about £1 billion.[57]
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.
R18 is a film and video classification given by the British Board of Film Classification (BBFC). It is intended to provide a classification for works that do not breach UK law, but exceed what the BBFC considers acceptable in the 18 category. In practice, this means hardcore pornography.
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.
New York v. Ferber, 458 U.S. 747 (1982), was a landmark decision of the U.S Supreme Court, unanimously ruling that the First Amendment to the United States Constitution did not protect the sale or manufacture of child sexual abuse material and that states could outlaw it.
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.
Legal frameworks around fictional pornography depicting minors vary depending on country and nature of the material involved. Laws against production, distribution, and consumption of child pornography generally separate images into three categories: real, pseudo, and virtual. Pseudo-photographic child pornography is produced by digitally manipulating non-sexual images of real minors to make pornographic material. Virtual child pornography depicts purely fictional characters. "Fictional pornography depicting minors," as covered in this article, includes these latter two categories, whose legalities vary by jurisdiction, and often differ with each other and with the legality of real child pornography.
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.
In the United States, child pornography is illegal under federal law and in all states and is punishable by up to life imprisonment and fines of up to $250,000. U.S. laws regarding child pornography are virtually always enforced and amongst the sternest in the world. The Supreme Court of the United States has found child pornography to be outside the protections of the First Amendment to the United States Constitution. Federal sentencing guidelines on child pornography differentiate between production, distribution, and purchasing/receiving, and also include variations in severity based on the age of the child involved in the materials, with significant increases in penalties when the offense involves a prepubescent child or a child under the age of 18. U.S. law distinguishes between pornographic images of an actual minor, realistic images that are not of an actual minor, and non-realistic images such as drawings. The latter two categories are legally protected unless found to be obscene, whereas the first does not require a finding of obscenity.
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.
Pornography in Turkey has been produced since the 1970s. In fact, Turkey remains just one of two Middle Eastern countries where porn is not banned outright, including Israel. But access to pornographic sites is blocked. According to a presentation on the "conscious use of the Internet and secure Internet service," made by the Telecommunications Department (TIB) of the Turkish Parliament, 2 million online users watch pornographic films each minute in Turkey.
Pornography in the Americas consists of pornography made and viewed in North, Central and South American and Caribbean countries and territories. The culture of Latin America and French America has traditionally been strongly influenced by the Roman Catholic Church, which tends to be socially conservative. Pornography is least restricted and essentially legal in those countries where the Catholic church is politically and socially the weakest, such as Brazil, Colombia and Mexico. The viewing of pornography in the region has been popularized by the Internet and DVDs.
In the Netherlands, child pornography is illegal, making it one of the 103 out of 193 UN member states where it is illegal.
United States obscenity law deals with the regulation or suppression of what is considered obscenity and therefore not protected speech or expression under the First Amendment to the United States Constitution. In the United States, discussion of obscenity typically relates to defining what pornography is obscene. Issues of obscenity arise at federal and state levels. State laws operate only within the jurisdiction of each state, and state laws on obscenity differ. Federal statutes ban obscenity and child pornography produced with real children. Federal law also bans broadcasting of "indecent" material during specified hours.
Pornography in Asia includes pornography created in Asia, watched in Asia, or consumed or displayed in other parts of the world as one or more of the genres of Asian pornography.
In China, including the People's Republic of China (PRC) and the Republic of China (ROC/Taiwan), the pornography laws and definitions vary depending on the governing authority. In the PRC there are criminal laws which prohibit the production, dissemination, and selling of sexually explicit material, and anyone doing so may be sentenced to life imprisonment. There is an ongoing campaign against "spiritual pollution", the term referencing the Chinese Communist party's Anti-Spiritual Pollution Campaign of 1983. Although pornography is illegal, it is available via the Internet. Nationwide surveys between the years 2000 and 2015 revealed "more than 70 percent of men aged 18 to 29 said they had watched porn in the past year".
Pornography has been legal in Germany since 1975. Exceptions to this include pornographic content depicting violent acts or sexual acts with animals, the distribution of which is prohibited, as well as child pornographic content, the distribution and possession of which is prohibited when depicting real children, but legal when it is immediately apparent that the content is purely of fictional nature in cases of mere possession. German law distinguishes between child and youth pornographic content, whereby the latter, which concerns persons over the age of 14, is punished less severely, with the mere possession of youth pornographic content being legal when it is produced exclusively for personal use with the consent of the persons depicted.
The production and distribution of pornography in Bulgaria is illegal. Pornography films and online distribution of sexual content are illegal. Bulgaria lacks pornographic production companies. However, people are allowed to watch and download pornographic videos, they just cannot sell or create pornography. Accessing, possessing or storing pornographic materials is not illegal, with the exception of child pornography.
Certain types of pornography in Finland are illegal; this also includes child pornography. Pornographic material which are violent and bestial are banned. Selling pornographic material in any store is legal, but softcore magazines may not be sold to buyers under 15, and hardcore pornography is restricted to buyers aged 18 and above.
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