Pornography by region
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The production and distribution of pornographic films are both activities that are lawful in many, but by no means all, countries so long as the pornography features performers aged above a certain age, usually eighteen years. Further restrictions are often placed on such material.
- 1 Americas
- 2 Europe
- 3 Asia
- 4 Oceania
- 5 Africa
- 6 See also
- 7 References
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.
The countries of the region are mostly sexually conservative, due to the heavy influence of the Roman Catholic Church, but the viewing of pornography has been popularized by the Internet and pirated DVDs.
Pornography is highly restricted in Guyana. The distribution, possession, sale, and importation of pornographic magazines, DVDs, books, photographs, etc. or simply browsing for pornographic websites on the Internet can lead to a variety of punishments ranging from community service, a fine of up to 45,000 Guyana Dollars or up to 2 years imprisonment.
|Look up prurient in Wiktionary, the free dictionary.|
- Whether "the average person, applying contemporary community standards", would find that the work, taken as a whole, appeals to the prurient interest,
- Whether the work depicts or describes, in a patently offensive way, sexual conduct specifically defined by applicable state law,
- Whether the work, taken as a whole, lacks serious literary, artistic, political, or scientific value. 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 such as Time Warner, which offers pornography films through its 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 VHS distribution, in turn, has been replaced by DVD and Internet distribution for niche markets.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.
European hardcore pornography is dominated by a few pan-European producers and distributors, the most notable of which is the Private Media Group. Most European countries also have local pornography producers, from Portugal (Naturalvideo) to Romania (Floyd-Agency), all of which compete with larger, international organizations with varying levels of success.
Many U.S.-based pornography websites distribute European pornography as a genre. These actresses (often advertised as "Eurobabes") may conform more to a look usually seen in U.S. actresses than European ones, although they may still be considered to look "more natural". European pornography typically de-emphasizes breast implants, among other aesthetic factors.
In France, pornography is permitted, but hardcore pornography must not be sold to minors under the age of 18. Softcore porn is allowed for people 16 and over. Extremely violent or graphic pornography is considered X-rated, and so may be shown only in specific theaters, and may not be displayed to minors. Some pornography has a special VAT: a 33% tax is levied on X-rated movies, and a 50% excise is placed on pornographic online services. The ratings system has caused controversy; e.g., in 2000 the sexually explicit and violent Baise-moi was initially rated only as "restricted" by the French government. This classification was overturned by a Conseil d'État ruling in a lawsuit brought by associations supporting Christian and family values. Notice that some movies are forbidden to minors under 18, without the X rating, like Baise Moi, Ken Park or Saw 3, so that these movies can be viewed in theaters and not attract the value-added tax.
German law is very strict about hardcore pornography, especially when compared to very liberal laws about softcore pornography, prostitution and sex shops. Supplying hardcore pornography to a person under 18 is an offense, and shops selling it must keep people under the age of 18 from entering their premises. If only a part of the shop is dedicated to pornography, it must be completely closed off from the rest of the premises. Alternatively, shops may choose not to display their goods or advertise that they sell them, in which case minors may be admitted. Websites hosting pornographic material within Germany must comply with very strict rules about verifying that viewers are over 18.
Soft porn is less restricted, and may even be broadcast on TV at night. The age threshold is usually FSK-16. Note in contrast that many uncut action films or video games easily reach the FSK-18 rating.
Germany has a much more certain definition of (soft)porn than the USA, so much material that would be considered soft porn in the USA is harmless in Germany. In Germany it is porn, if it is intended to be porn, while it doesn't matter much what body parts are seen. The only content that is automatically porn, are images of an erection, an opened vagina or hardcore porn. Anatomical education material is generally not porn (which is important, because a girl might begin a nurse-apprenticeship before being adult). Nudity in German films or TV is generally no problem, thought nude women seen usually have natural pubic hair (as opposed to porn actresses, who usually shave them), so the opened-vagina-criterion doesn't matter anyway (note the harsh contrast to Japan). On the other hand, a telephone-sex advertisement showing completely dressed women (for example a domina) is considered porn and only broadcast at night, despite not showing any lewdness, because it is intended to be porn.
In Hungary, pornography is unlawful if sold or shown to children under 18 years of age. Displaying the genitals openly, as on the cover of a magazine, is not prohibited.
In Italy, it is illegal to distribute pictorial or video pornography to persons under the age of 18. Hardcore and softcore movies and magazines are available not only through sex shops, but also in normal video stores, newsstands, certain gas stations and vending machines.
The legal status of pornography in Russia is uncertain. The law criminalizes only the 'illegal' production and selling of pornography (which implies that it sometimes can be legal), but two circumstances make enforcement of the law difficult: (1) the lack of a legal definition of pornography, and (2) no law defining when production or selling is permitted.
In England and Wales, the main legislation on pornographic materials is the Obscene Publications Act 1959, the Obscene Publications Act 1964, and the Indecent Displays (Control) Act 1981. Video-oriented depictions of hardcore material (with certain exceptions for works considered primarily 'artistic' rather than pornographic) were banned until 1999, when the removal of trade barriers with other European Union member states allowed for the relatively free movement of such goods for personal use. R18-rated videos are only available in licensed sex shops, but hardcore pornographic magazines are available in shops selling newspapers and magazines. In 2008, the Crown Prosecution Service unsuccessfully prosecuted a man under the Obscene Publications Act (the R v Walker trial) for a textual story on a pornography website involving Girls Aloud. Also that year, the Home Office introduced legislation to criminalize possession of what it has labelled extreme pornography; these laws are now contained in sections 63 to 68 of the Criminal Justice and Immigration Act 2008.
The legal status of pornography differs from one country to another in Asia. See full article for details.
Pornographic websites, books, writings, films, magazines, photographs or other materials of a pornographic nature are illegal in South Korea, with laws strictly enforced. Distribution of pornographic objects will result in a fine or a two-year prison sentence. Since 2009, all pornographic websites are blocked by the South Korean government.
In Australia, possession of pornography material is permitted, but it is an offense to sell, exhibit or rent X-rated pornography material in all states of Australia except the Northern Territory and ACT. As the Australian constitution prohibits states from regulating interstate commerce, the law permits the purchase of pornography from stores in either Territory and also bringing it interstate. This means that the majority of Australian mail order operations for adult material operate from the ACT. Despite the offenses under state laws, stores selling X-rated material are abundant in major cities, advertising openly, as these laws are rarely enforced.
Ratings for the X18+ category were tightened in 2000 to ban material featuring some fetishes or which appeared to include minors. In 2007 the Howard Government made the possession of RC and X18+ pornography an offence in some Aboriginal communities.
In New Zealand, pornography is generally treated in a liberal manner although the most extreme forms of pornography (such as child pornography, rape, bestiality) are classified as objectionable material by the law. New Zealand law is permissive, and magazines and other print copy are sold openly at newsstands.
Papua New Guinea
The possession, import, export, and sale of pornography are all offenses. Control is strict. According to the government, all websites containing pornography, nudity or depictions of sex are blocked and the government has been blocking such sites since early 2009. Under the law, persons who possess, own, import, export, sell or exhibit pornography to the public are subject to arrest and trial and can face up to 6 months imprisonment and/or a fine up to 50,000 to 100,000 Papua New Guinean kina. In PNG, pornography is subject to legal restraints to publication on grounds of obscenity. Laws relating to pornography in Papua New Guinea are vague. The main legislation used in dealing with cases relating to pornographic nature refer back to the Chapter 262 Criminal Code of Papua New Guinea, Lukautim Pikinini Act 2009, Classification of Publication Censorship Act 1989 and the National ICT Act, 2009. Improper Use of ICT Services.
The possession of "Indecent and obscene material such as pornographic books, magazines, films, videos, DVDs and software" is prohibited in Botswana. Possession or import of such material is illegal and punishable by a fine or up to 4 years imprisonment.
Pornography rated X18 is permitted by the law only if sold to persons over the age of 18 in registered stores. It is an offense to host a pornographic web site in South Africa because of the difficulty of age-verification and the requirement that pornography only be distributed from designated, licensed physical premises. It is also unlawful to visually represent bestiality (also rated XX), but not in text descriptions. Supplying violent pornography is an offence in any form, but the law allows the production of pornography that is not prohibited.
Pornography is prohibited in Sudan and the laws are strict. Pornographic websites are blocked by the government, pornography is largely inaccessible, and porn possession, production, distribution and sale can lead to fines, prison or corporal punishment.
- Text of the decision and dissents, from findlaw.com
- This is also known as the (S)LAPS test- [Serious] Literary, Artistic, Political, Scientific.
- With pot and porn outstripping corn, America's black economy is flying high, The Guardian
- "Eurobabeindex". Retrieved 2006-10-05.
- heise online - BGH reicht Check der Ausweisnummer als Zugangshürde für Online-Pornos nicht aus
- "Girls Aloud in 'murder' blog case". BBC News. 2008-10-02. Retrieved 2008-10-25.
- Criminal Justice & Immigration Act 2008
- Hyung-Jin Kim (10 December 2010). "South Korea's porn fight 'like shoveling in a blizzard'". NBC News. Associated Press. Retrieved 1 August 2014.
- Canberra reborn as capital of sex
- Botswana Tourism Board[dead link], "Entry Requirements". botswanatourism.co.bw. Retrieved December 15, 2008.
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