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Legislation on pornography in Italy states that it is illegal to distribute pictoral or video pornography to persons under the age of 18.
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Legislation on pornography in Italy states that it is illegal to distribute pictoral or video pornography to persons under the age of 18.
The legal status of pornography itself is disputed in Italy. Technically, all production and distribution of pornography in the country is forbidden per Articles 528, 529, and 725 of the Italian Penal Code, which respectively sanction as felonies "Obscene publications and shows", "Obscene activities and objects", and "Commerce of publications, images or other objects offending public decency". In the 1980s, several courts in Italy enforced these laws, ordering confiscation of pornographic material in their jurisdictions.
A new, more permissive interpretation of the law was introduced in the late 1980s as courts ruled that the Penal Code should be seen as protecting citizens' rights to not be exposed to such materials if and when they do not wish to be. Thus, pornography was not to be considered illegal per se, unless someone were to expose such materials to another against the latter's own will.
Providing or exposing pornography to minors under the age of 18 remains strictly forbidden. Other forbidden porn material includes child porn and Snuff porn; contrary to common belief, zoophilia is not illegal, nor is BDSM or fetishism, although other types of acts such as necrophilia are. Most of these extreme practices, though, take place in horror films, which are not covered by statute, rather than strictly pornographic fare.
Despite the recent trend toward legalization of porn, distribution of pornographic video materials is almost totally restricted to the home video market. Relevant laws #23 of 6 August 1990 and #203 of 30 May 1995 forbid the broadcast of hardcore pornography on free-to-air television channels, while such is legal on scrambled channels including digital terrestrial television and satellite television.
Access to these channels and networks, many of which are pay-per-view, requires a subscription and an IRD, which normally features a parental control function to restrict access to given channels. It remains legal to broadcast erotic/softcore movies, videos and infomercials on unencrypted TV channels from 11 p.m. to 7 a.m.
By law, the seller is required to ask for proof of age if he suspects the buyer to be under the legal age for purchasing pornography. This restriction does not apply to softcore magazines.
Pornographic material depicting actors under the age of 18 is classified as child pornography, and is strictly forbidden. Minors cannot give legal consent to appear in pornographic productions of any kind, although the age of consent in Italy varies from 14 to 16 years.
Pornographic films (pornos), erotic films, adult films, sex films, 18+ films, or also known as blue movie or blue film, are films that present sexually explicit subject matter in order to arouse, fascinate, or satisfy the viewer. Pornographic films present 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.
In Japan, pornography has unique characteristics that readily distinguish it from western pornography. Pornographic films are known as "adult videos" (AV) in Japan, so Japanese adult videos (JAV) refers to the Japanese pornographic film industry. Animated films are referred to as hentai in English, but in Japan the terms "adult anime" and "erotic animation" are used. In addition to pornographic videos and magazines featuring live actors, there are now categories of pornographic manga and anime, and pornographic computer games.
R18 is a film or 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.
Pornography laws by region vary throughout the world. The production and distribution of pornographic films are both activities that are legal in some but not all countries, as long as the pornography features performers above a certain age, usually 18 years. Further restrictions are often placed on such material.
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.
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.
Pornography in India is restricted and illegal in all form including print media, electronic media, and digital media (OTT). Hosting, displaying, uploading, modifying, publishing, transmitting, storing, updating or sharing pornography is illegal in India.
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 harshest 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 are 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.
The first country in the world to legitimize pornography was Denmark in 1967. That year, the country legalized pornographic literature. Subsequently, on July 1, 1969, Denmark became the first nation in the world to legalize pictorial and audiovisual pornography, which helped further promote the Golden Age of Porn (1969–1984) in modern American culture, and later, in many other countries throughout the world.
Pornography in Canada has changed since the 1960s when the Criminal Law Amendment Act, 1968-69 that suppressed various laws related to sexual norms was passed. There has been a shift in the mode of determining whether a material is obscene or not with the R v. Butler judgment. The obscenity laws were challenged as violative of freedom of expression in R. v Butler. Obscenity is defined as follows under the Criminal Code: "the undue exploitation of sex or of sex and one or more of the following subjects; namely, crime, horror, cruelty and violence." The court held that the term “undue” should be interpreted on the degree of harm which flows from such exposure that predisposes people to act in an anti-social manner. The court ruled that pornography is harmful if it contains violence or explicit sex which is degrading or dehumanizing and which creates a substantial risk of harm, as it harms a person's right to be equal. Therefore, there is a shift from the community standard's test to the harm test post the Butler judgment.
Pornography in Asia is pornography created in Asia, watched in Asia, or consumed or displayed in other parts of the world as one or more genres of Asian porn.
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.