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.
Pornography between consenting adults is legal in many American countries including Colombia [1] and Uruguay. [2]
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]
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.
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'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 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]
Pornography is illegal in Cuba, however the laws were relaxed in the 2010s. [9]
Mexico is one of the largest producers of child pornography in the world. [10]
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]
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]
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.
Hardcore pornography or hardcore porn is pornography that features detailed depictions of sexual organs or sexual acts such as vaginal, anal, oral or manual intercourse, ejaculation, and fetish play. The term is in contrast with less-explicit softcore pornography. Hardcore pornography usually takes the form of photographs, films, and cartoons. Since the mid-1990s, hardcore pornography has become widely available on the internet, making it more accessible than ever before.
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 Adult Video 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.
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.
Adam Glasser, known professionally as Seymore Butts, is an American pornographic film director, producer, and occasional performer who has produced hundreds of films in the gonzo genre of pornography.
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.
Pornography is sexual subject material such as a picture, video, text, or audio that is intended for sexual arousal. Made for consumption by adults, pornographic depictions have evolved from cave paintings, some forty millennia ago, to modern virtual reality presentations. A general distinction of adults-only sexual content is made-classifying it as pornography or erotica.
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.
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.
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.