Pornography in the Americas

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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.

Contents

Pornography between consenting adults is legal in many American countries including Colombia [1] and Uruguay. [2]

Bahamas

The Bahamian penal code prohibits the production and distribution of obscene publications. [3] Many types of pornography are prohibited in the Bahamas, however law enforcement is relaxed and does not usually enforce the prohibition. [4] [ better source needed ] Pornography is available on Bahamian cable television [5] and in 2014 ZNS-TV broadcast a report on the establishment of a local pornography industry in the Bahamas. [6]

Brazil

In Brazil, pornographic film actors must be 18 or older. Pornography which does not involve bestiality or juvenile pornography is legal when sold in public places. However, magazine and DVD covers that depict genitalia must not be visible from public view, and pornography can only be sold to people 18 or older. There are no laws that forbid fictional child pornograhy.

Canada

The laws of Canada permit the sale of hardcore pornography to anyone over the age of eighteen. While persons below that age may have pornography in their possession, its sale to them is prohibited.

Most hardcore pornography is sold in adult stores or on adult websites.

Chile

Chile's pornography industry began in the 1950s and grew significantly until the 1973 Chilean coup d'état. Under the subsequent military dictatorship of Chile the industry was suppressed. Following the Chilean transition to democracy and the development of the Internet, the pornography industry in the country has begun to expand again. [7]

Colombia

Colombia has become a big hub for live web cam streams and has seen a rise in camgirls as a result of the increase in access to the internet. [8]

Cuba

Pornography is illegal in Cuba, however the laws were relaxed in the 2010s. [9]

Mexico

Mexico is one of the largest producers of child pornography in the world. [10]

United States

In the United States, courts have repeatedly confirmed that obscenity is not legal in the United States; it is not entitled to the freedom of the press protection contained in the First Amendment to the United States Constitution. Pornography has become semi-legal, then in practice legal, because it has been "shown" not to be obscene.

The Miller test, developed in the 1973 case Miller v. California , [11] was used for some years to define material as pornographic but not obscene. It has three parts:

The work is considered obscene only if all three conditions are satisfied. Local areas are permitted to develop their own laws on the issue, as long as they do not conflict with federal law.

Pornography is a large industry that involves major entertainment companies, which offer pornography films through cable channels and in-room movies in hotels. Pornography distribution changed radically during the 1980s, with VHS and cable television largely displacing X-rated theaters. VHS distribution, in turn, has been replaced by DVD and Internet distribution for niche markets. Pornography generates billions of dollars in sales in the United States alone. An estimated 211 new pornographic films are made every week in the United States. [13]

Venezuela

Despite the fact that in Venezuela pornography can be viewed through cable television systems, the government of that country has been taking anti-pornography stances since 2018. On June 19, it was reported that CANTV, the country's largest Internet provider, blocked access to three popular pornographic websites hosting user-generated content⁠ namely, XVideos, PornHub and YouPorn. However, these three websites can be viewed through other providers, through IP or DNS changes, or through a VPN. Moreover, there are rumors that webcam sites could be banned in Venezuela. [14]

See also

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<span class="mw-page-title-main">Child pornography laws in the United States</span>

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.

Legislation on pornography in Italy states that it is illegal to distribute pictoral or video pornography to persons under the age of 18.

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.

Child pornography is illegal in most countries, but there is substantial variation in definitions, categories, penalties, and interpretations of laws. Differences include the definition of "child" under the laws, which can vary with the age of sexual consent; the definition of "child pornography" itself, for example on the basis of medium or degree of reality; and which actions are criminal. Laws surrounding fictional child pornography are a major source of variation between jurisdictions; some maintain distinctions in legality between real and fictive pornography depicting minors, while others regulate fictive material under general laws against child pornography.

In the Philippines, pornography is not specifically defined in Philippine law, but the Revised Penal Code of the Philippines considers certain acts to be obscene or indecent and these are prohibited as immoral doctrines, obscene publications, indecent shows, or other similar material or portrayals that advocate human immorality, obscenity, and indecency. Philippine legislation penalizes participation in these unlawful activities, and Republic Act No. 7610 extends punishment to those involved in child abuse, child exploitation, child prostitution and discrimination of children.

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.

References

  1. (in Spanish) La revolución del porno decente
  2. (in Spanish) Policía crea unidad de ciberpatrullaje
  3. "Penal Code" (PDF). Bahamas Government. Retrieved 30 November 2016.
  4. Durham, Sarah (2015). Opposing Pornography: A look at the Anti-Pornography Movement. Lulu.com. p. 61. ISBN   9781329607644.
  5. "Call For Ban On Porn". Bahamas Local. 6 January 2012.
  6. Ava Turnquest (25 April 2014). "Christian President Speaks Out Over Porn Industry". The Tribune.
  7. "La industria de la pornografía". Cultura Colectiva. Retrieved January 22, 2018.
  8. "EPorn's new capitals: Romania and Colombia?". CNBC. Retrieved January 22, 2018.
  9. Frank Simon (7 July 2016). "Pornography in Cuba, Enemy of the State". Havana Times. Archived from the original on 20 October 2016. Retrieved 30 November 2016.
  10. "Mexico Is World Leader in Child Pornography: Officials".
  11. Text of the decision and dissents, from findlaw.com
  12. This is also known as the (S)LAPS test—[Serious] Literary, Artistic, Political, Scientific.
  13. With pot and porn outstripping corn, America's black economy is flying high, The Guardian
  14. "Venezuela podría eliminar los accesos a Chaturbate y otras páginas porno - JuanBustos". juanbustos.com (in European Spanish). Retrieved 4 September 2018.