This article needs additional citations for verification .(February 2018) |
Pornography has been legal in Germany since 1975. [1] Exceptions to this include pornographic content depicting violent acts or sexual acts with animals, the distribution of which is prohibited, [2] 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. [3] [4] 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. [5]
Selling or distributing pornography to minors is a criminal offense. Shops and websites that offer pornography must carry out age verification. [6] For example, Aylo's age-verification software AgeID is used to verify the ages of users of pornographic Internet websites and has been in use in Germany since 2015. [7]
The German Edathy affair of 2013/14 following the neglected cooperation of Federal Criminal Police 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 lately as 19 December 2014.
Modern German pornography is generally similar to the American "glamour" pornography though often tailored primarily for the German market. In contrast, several German labels focus on a more "home-made" amateur flair, often focusing on intense hardcore themes such as gang bangs, bukkake, scat and urine fetishism; most notably 'German Goo Girls' and other series by John Thompson Productions.
The world's first sex shop was opened in Flensburg in 1962 by Beate Uhse AG. Post-WW2 commercial movie pornography in Germany began with the softcore film Graf Porno und seine Mädchen (Count Porno and his girls) in 1968. The movie's success (more than 3 million admissions) lead to a whole series of pornographic media that was referred to in German media as the Sex-Welle [8] [9] (sex wave). The most well known film of this period is Schulmädchen-Report: Was Eltern nicht für möglich halten (The School-Girl Report, what the parents do not believe possible) by Ernst Hofbauer in 1970. The sex scenes had become bolder with time and by 1975, when the legal ban of pornography was lifted, the era of German hardcore pornography began.[ citation needed ]
Director Hans Billian was the protagonist of the period and the films were usually in line with the so-called "Bavarian porn sex comedies", often depicting male performers as comic characters, like Sepp Gneißl in Kasimir der Kuckuckskleber (1977). This era was also characterised by several Josephine Mutzenbacher films.[ citation needed ]
Pornographic films (pornos), erotic films, adult films, sex films, 18+ films, or also known as blue films, are films that represent sexually explicit subject matter in order to arouse, fascinate, or satisfy the viewer. Pornographic films represent sexual fantasies and usually include erotically stimulating material such as nudity (softcore) and sexual intercourse (hardcore). A distinction is sometimes made between "erotic" and "pornographic" films on the basis that the latter category contains more explicit sexuality, and focuses more on arousal than storytelling; the distinction is highly subjective.
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.
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 to Serbia, 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.
YouPorn is a free pornographic video-sharing website owned by Aylo that launched in August 2006.
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.
Amateur pornography is a category of pornography that features models, actors or non-professionals performing without pay, or actors for whom this material is not their only paid modeling work. Reality pornography is professionally made pornography that seeks to emulate the style of amateur pornography. Amateur pornography has been called one of the most profitable and long-lasting genres of pornography.
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.
Internet pornography is any pornography that is accessible over the Internet; primarily via websites, FTP connections, peer-to-peer file sharing, or Usenet newsgroups. The greater accessibility of the World Wide Web from the late 1990s led to an incremental growth of Internet pornography, the use of which among adolescents and adults has since become increasingly popular.
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.
While pornography is legal in Australia, compared to other Western countries, Australia has historically had restrictive laws. Prior to the invention of internet pornography, pornographic films were de facto illegal in all six states, with pornography only being legal in the territories. Some extreme forms of pornography, such as pornography depicting children or animals, are illegal in Australia. Some other forms of pornography, such as BDSM pornography, are also technically illegal in Australia, but are widely available online.
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 Australian law prohibits all sexual depictions of children under an age set by state and territory legislation. The relevant ages are under 16 in the Australian Capital Territory, New South Wales, Queensland and Western Australia, under 17 in South Australia, and under 18 in the other jurisdictions and under federal law. The laws covering child pornography are differently defined in the various Australian jurisdictions, as are the penalties. The laws also cover depictions of sexual acts involving people over the threshold age who are simulating or otherwise alluding to being underage, even if all those involved are of a legal age. People have been successfully prosecuted after describing acts of abuse via MMS.
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.
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.
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.