Content Regulation and Porn Laws

I’m sure this comes as no great shock to anyone: When it comes to porn, I do not believe in much in the way of content regulation. The majority of things I’m against when it comes to content are already illegal in most places, but to make it clear as fine crystal, I will mention them:

Child pornography, bestiality, necrophilia (the real deal, not a scene where performers are pretending to be or made up to look dead), real snuff porn (which the US gov. did a massive, expensive search actually trying to find, and didn’t), porn where participants are actually forced and coerced into participating (and not merely playing that role), porn (usually found in the amateur realm) where one or more of the people depicted is actually asleep/passed out (and not merely pretending to be), porn where any of the participants are obviously drunk, otherwise drugged, or intoxicated, thus unable to render clear consent (also generally found in amateur realms), or porn where due to a disability, one or more of the participants are unable to render clear consent. I also believe it behooves anyone making pornography to comply with 2257 and make sure to have proof of age and consent on file.

There we go…that is as far as I go with regards to content regulation. It comes down to a simple word with me: consent. There might be other content I choose not to watch, but I don’t believe in regulating it. My reasons for this are simple; in fact, there are really only two of them:

One- I do not feel I have the right or authority, no matter my feelings on it, to tell other people what material they can or cannot find erotic or arousing.

Two- Content regulation does not stop that content from being made, it merely assures it will be made in far sketchier conditions with fewer regulations and safeguards in check. If there is a demand for certain kinds of content, it will still be made, regardless of laws and regulations.

Pretty simple, no?

But regulating content is exactly what both the UK and the US are trying to do these days; the UK via it’s “extreme porn law” and the US by slapping various law suits on a plethora of pornographers and stores which sell pornographic or otherwise sexually based merchandise.

We’ll start with the UK.

From what I’ve read about this bill, the issue of content came into the spotlight after the murder of Jane Longhurst by Graham Coutts. Coutts watched pornography which involved depictions of women being choked & abused, as well as necrophilia and rape content. Longhurst’s mother then sought out audience with members of the UK’s legal establishment and gathered community support, seeking to make the possession of “extreme pornography” a crime. Previously, legal onus fell to the pornographers, but you know, with the internet and all, with this law in effect, any person living in the UK who is found to be in possession of what has, at this point, been rather nebulously deemed as porn with “extreme content” is subject to legal action, including heavy fines and jail time.

So then, what do they mean when they say extreme? Well…

"Pornographic material which depicts necrophilia, bestiality or violence that is life threatening or likely to result in serious injury to the anus, breasts or genitals has no place in a modern society and should not be tolerated," says a spokeswoman for the ministry of justice. The government has also sought to broaden the definition and the bill includes phrases such as "an act which threatens or appears to threaten a person's life".

Okay, hold up. See, I’m with you on the necrophilia (provided it’s a real corpse) and bestiality…because hey, dead people and animals cannot consent. But after that, you lose me. Violence? Very subjective, and sounds like a war on BDSM/rough sex to me. Life threatening? So, does that include…say, sex at all? Sex without condoms? Sex itself is life threatening. Serious injury to the breasts, anus or genitals? What, like it leaves ugly bruises? Makes someone gape? How about piercing? Fisting? Insertion of large objects? Cock & ball torture? Suturing? Trampling? I mean…all that is also pretty subjective. (Ah yes, the NSFW section) To some folk, oh, having this stuck in their ass during sex might look like it would cause serious injury, and it probably would to some people. To other folks, hey, another day in their sex life and a good time. To some folk, this might look like it would cause serious harm to the breasts…other people love it. Genitals? I’m sure to some; these devices look torturous and would cause serious injury…other people? Nope. So yeah, who gets to decide that? Who gets to make the rules and have the say for every soul in the UK?

And sure enough, this bill has drawn fire, from men and women alike. It’s been likened to policing the thoughts and sexual practices of UK citizens, essentially telling them what they can and cannot do, watch, or photograph in their own bedrooms.

“Having engaged in it consensually would not be a crime, but to have a photograph of it in one's possession would be a crime. That does not seem to make sense to me."
-Lord Wallace of Tankerness

More accurately, having a photo might not be illegal, so long as you could prove it was you…but…forget selling it. In fact, giving it to someone, putting it up on your website, etcetera, could get you in trouble…

“The government is tabling an amendment that would allow couples to keep pictures of themselves engaged in consensual acts - but not to distribute them.”

And I find this rather telling: Lord Hunt, who has charge of the bill in the House of Lords, admits it is being rushed through to meet a deadline. But he denies the law has not been thoroughly considered and maintains it will only affect images that are "grossly offensive and disgusting".

Ah yes…grossly offensive and disgusting to…. whom? Yeah, remind me, never do the porn thing in the UK…

There is no question that the death of Jane Longhurst was a tragedy, but one must ask, is the porn responsible, or is the man who killed her responsible? And where, of course, does this sort of content regulation lead? I tend to think no place good.

But, if you think this is just a UK specific kind of trend, you’d be wrong. Let’s jump back on over to this side of the pond…Land of the Free… right? Errr, yeah…

Here are some highlights from various cases currently underway in the US, against both pornographers and sex storeowners. As most of y’all know, the US basis a lot of this stuff on “community decency standards”…so yeah, what might fly in L.A. might be totally out of control in Omaha. Be that as it may, what sort of things are various states getting so bent out of shape about with regards to porn and sexually based products here in the US?

Let’s roll with the porn acts first:

Heavy facial bukkake, group sex, gangbangs (defendant, Ray Guhn,).

Solo female urination in panties without accompanying sex, oral, vaginal, and anal sex, group sex, squirting, anal squirting, rough oral, double penetration, possibility of minors accessing the trailer for Belladonna’s “Fetish Fanatic 5”. (US vs. John Stagliano, Evil Angel)

Fisting and hard anal, explicit depictions of gagging, coughing, the expulsion of fluid from the mouth, crying, forceful face-fucking by grabbing a female’s hair, anal intromission of tubes, vaginal intromission of straws, use of straw to suck vaginal fluid contents, auto-felching, continuing sexually after a performer’s request to “please stop”, and pig-tailed performers dressed in a preadolescent fashion being picked up at a playground and used sexually. (Defendant- Max Hardcore)

Scat, urination & vomit. (Separate cases, defendants Danilo Simoes Croce, L.A. Scat)

Repeated scenes depicting female performers engaged in oral sex on male performers until the females gagged and in some cases vomited, the copious display of facial saliva and semen, and accompanying harsh language toward the female performers. (Defendant, JM Productions)

The piercing of nipples by needles billed as sexual torture without accompanying sexually explicit acts. (Defendants Gartman and McDowell)

Hard pornography, including videotapes depicting the rape of women. Reportedly, the material also included depictions of adult performers in the role of sexualized children. (Defendants Rob Black & Janet Ramano, Extreme Associates)

How about the people who sell sexual merchandise? Well, Le Video Store was dragged into court for selling films which included double penetration, interracial sex, and female urination on a concrete floor and “very gritty amateur swinger interracial orgy material with people who would not be considered attractive by mainstream pornography viewers".

In Kansas, - prosecutions for obscene Halloween Costumes (Spirit Halloween), and against a sex shop for selling various sex aids, including the vibrating ring, and possession with intent to sell the sex video “Teen Cum Targets.” Hollywood at Home was indicted for promotion of four video titles: “Real Female Masturbation 13″ (New Machine), “Anal Machines” (Vamp), “Hellcats 12″ (Evil Angel) and “Don’t Kiss Me, I’m Straight” (HIS).

Oh, and apparently there is a move afoot to ban the sale of any (softcore, mind you) pornographic material on military bases. Sure, you can die for the country, but you can’t buy a Playboy at the PX!

Oh my goodness! Sleazy Halloween Costumes? Sex toys? Interracial sex? Non-porny looking swingers? Female masturbation?! Horrifying!

Okay, yeah, I get that people are creeped out by a lot of the content in porn. I do. I mean I’m in no rush to watch Lizzie Borden’s (aka Janet Ramano’s) “Forced Entry”, which has a lot of rape scenes depicted in it, or Max Hardcore’s work. Scat so isn’t my thing, and nah, neither is heavy duty BDSM. But I certainly don’t think I get to tell anyone they can’t view these things…nor should anyone else. 2257 compliant? Consent and proof of age on file? Okay then, government; step off and out of people’s porn and sex lives already! Evil Angel, JM? Yep, I am a consumer of their products…cause I happen to like anal and dp and rough oral and harsh language and all that stuff. I don’t tell anyone else they have to, but I sure as hell don’t think anyone else gets to tell me not to watch/do/enjoy it…

Especially when I can turn on Network TV and see (non-naked) rape depicted, and hear woman called bitches, sluts and whores, and see a shit ton of violence, sexualized and otherwise. Not when I can flip on HBO and seen even more graphic often unclothed rape scenes depicted, sexualized murders, and even more degrading language. Not when I can go to the movie theater and see “Saw” or “Captivity” or “The Accused”. Not when I can see and find graphic war footage on air and on the net 24 hours a day. Not when the only thing these people seem to give a fuck about is the content in porn…which is made by adults, for adults. Hell, I don’t even actually believe in regulating it on cable or network TV and in mainstream Hollywood movies! But let’s be realistic here. Y’all remember when "Miami Vice" was considered risqué, violent, and edgy? Well, Crockett and Tubbs would last all of three seconds in the worlds of Benson and Stabler, Vic Mackey & Brenda Johnson. "Quincy" would puke his guts out in Gil Grisom’s lab, and the one armed man would run for about two second before Jack Bauer shot him dead. Media has changed, and media includes pornography.

You don’t want porn at all, fine, don’t watch it. You want couples porn? Check out Vivid, Adam & Eve, and Playboy films. You want real lesbian porn for real lesbians? Cyberdyke. You want feminist porn? Please do look up Tristan Taromino, Candida Royalle, and Audacia Ray. But for those into BDSM, or gonzo, or rougher stuff? Ahem, quit violating our rights to watch, make, and enjoy it as we will. As consenting adults.

Keep your laws of my goddamn content.

Further reading and citations: BBC, Defend Our Porn.