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Legality in Pornography

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Legality in Pornography

Postby AnxiousAna » Fri Jun 24, 2011 2:38 am

Until yesterday I thought that hentai (japanese animated pornography) and other forms of animated/cartoon pornography were legal everywhere, but Platypus and GinaSmith opened my eyes.

It seems like the law is changing in many countries to include animated pornography in existing pornography laws. I don't mean just cartoons which represents real people, but which represents fictional people, or humanoid figures who can't even be considered particularly person-like.

I think the main development is the inclusion of animated pornography in laws against child pornography, but in some places - including my country, England - this might eventually include things like BDSM and rape fantasy.

What's next; is furry/anthromorph porn going to be considered beastality?

It seems like the law is changing to try and criminalise paraphilia entirely. It's total ignorance to think that getting rid of safe outlets for people's fetishes is going to remove the fetish. Paraphilia is now generally considered a disorder, it's not just created by pornography.

My concern is that in many cases it's just going to make people look for more extreme ways to satisfy their fetish, since their pornography is illegal anyway. Not to mention the very real possibility that I might be thrown in jail for my rape hentai.
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Re: Legality in Pornography

Postby Platypus » Fri Jun 24, 2011 6:44 am

We've actually got different laws for different parts of Australia. And I don't just mean different state laws. I mean that there are geographical zones (notably Aboriginal communities) where you aren't allowed to carry pornography.

For example, a sign I drove past read:
WARNING
NO PORNOGRAPHY

It is an offence to bring, possess, supply, sell or transport certain pornographic material beyond this point.

Maximum penalty possession:
    * $5,500 for level 1 material
    Includes Category 1 Restricted and Category 2 Restricted publications, X18+ films, unclassified publications that would likely be classified Category 1 Restricted or Category 2 Restricted, unclassified films that would likely be X18+ and prohibited advertisements.

    * $11,000 for level 2 material
    Includes films, computer games or publications that are Refused Classification or are unclassified but would likely be Refused Classification.

Maximum penalty supply:
    * $11,000 - supply less than 5 items
    * $22,000 - and/or 2 years jail for 5 or more items


So technically you could receive a $5,500 fine for driving through one of these zones with an X-rated porno magazine in your vehicle.

And if you handed-out 5 such magazines to your mates who live in the zone, you could face 2 years' jail time. :shock:

The thing I find crazy is when I first saw one of these signs, I didn't know such laws existed. So had I been carrying pornographic material, I may have wanted to dispose of it. Yet there was no place to do so. Maybe it would make more sense if they had large quarantine bins at the entrance to these "No pornography" zones? Perhaps with privacy booths and audiovisual equipment for those who want to say goodbye to their porn? :mrgreen:

So I would suggest that crazy or conservative laws aren't just about denial or criminalisation of paraphilias, but extend to sex as a whole. :|
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Re: Legality in Pornography

Postby NotAnonymousEnough » Fri Jun 24, 2011 10:26 am

It's ridiculous really.

I strongly believe that, if a law exists for cartoon pornography (lets just say for the sake it contains children). This law holds the same fine/sentence as any pornography containing actual children. So, I don't see why anyone would go for the cartoon stuff.

I guess what I'm saying is that, I think that hentai, and other various cartoon pornography is like a way out. I guess you could call it an "anti-drug" if you so wish to use the terminology. I believe that having hentai, for various questionable, and legal fetishes is a great thing. It stops *some* people from going out for the real thing.

Furry porn is actually commonly viewed as zoophilia. You can't have it being beastiality, as beastiality refers directly to a human *raping* an animal. Zoophilia refers to the consensual sex of human and animal, or any consensual animal posing nude, etc.

I find it upsetting that certain laws are put in place that restrict the production of these materials. It makes you feel as though you're a horrible person.

Where I live (Canada) there actually is a law in the criminal code that states. *all* cartoon/animated pornographic material is illegal. It is considered an exploitation of sex.

Of course, I have never ever heard of anyone being charged under that law.

Unfortunately, if they do fix that law, to say that any cartoon depiction of any illegal sexual act is also illegal; then you're going to be saying bye to a lot of hentai. Furry (Zoophilia - gets you hefty fines and prison time to my knowledge), Rape/Murder (Who knows what they would do with this) - this would include tentacles, the list could go on.

There are some crazy laws with pornography in a few places. New Zealand for example, if I lived there I could be put into prison for 10 years. (Paraphilic Infantilism). In new zealand it's illegal to possess any pornographic material that has urine in it (the law goes something like this -unless it has changed-). Seems like a pretty silly law to me.

Edit: I guess the law in Canada has changed. It now states that cartoon pornography is illegal if it depicts minors of the human or inhuman species. Including fictional characters.

Awesome, so technically being a 'babyfur' (once again Paraphilic Infantilism) could lie under that law.
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Re: Legality in Pornography

Postby AnxiousAna » Fri Jun 24, 2011 12:08 pm

Platypus - Holy hell, what if you drove into that area with your porn folder on a laptop? I don't think I'd ever see the light of day again.
Lmao, you should open up an adult store with those private booths for DVD players and women dancing right before that border. Or a motel with pay-per-view!

NAE - That's so depressing. I refuse to feel ashamed for liking rape fantasy hentai - I've survived sexual abuse and assault myself, and I know the difference between the real thing and the fantasy. Regular porn and vanilla sex do nothing for me, whether because I was born this way, or because of what happened to me, or both - who knows.
My hentai isn't hurting anyone, though. On the contrary, as a rape survivor I worry more than anyone that men who I know enjoy the same material but imagine being on the aggressor end of it, without that outlet, might become rapists, and I hate the idea of that happening to anyone else.

What alternative is there? Am I supposed to just never have a sex life because I was raped? Is that moral?

From your edit - inhuman species, including fictional characters, would that include tentacles and aliens say, then? So any nerd who likes his Star Wars Twi'lek porn is deserving of jail time?

I completely agree with your point on the child pornography. If looking at cartoon fictional children and looking at real children carry the same penalty, then why would anyone go for the fictional stuff? It's just going to increase demand/production of child pornography. Not to mention that if you can go to jail and, perhaps more importantly, be branded a sex offender for looking at pictures, the threat of getting caught seems like a much weaker deterrent against actually hurting a child.

I realise that many paedophiles have a strong sense of morality and are determined never to actually harm a child, and that would be unaffected, but it seems stupid to make the threat of law enforcement more trivial by criminalising all of it.

I'm not up on the current UK law. I was following the extreme pornography laws a few years ago, because I was disgusted they seemed to include choking/breathplay, which is pretty minor stuff in BDSM terms.
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Re: Legality in Pornography

Postby NotAnonymousEnough » Fri Jun 24, 2011 2:52 pm

It seems to be pretty loose, but basically anything that could be under the age of 18/appears to be would fall in the law.

Previously the law actually listed, aliens, tentacles, etc. as being an exploitation of real sex and was considered to be a criminal offense.

So it's hard to say what they actually mean now by "human and inhuman species"

But as the point stands, if the hentai isn't harming anyone; I don't see why the government has to get involved with sexual fantasies. Next they are going to plant chips in your brain to see if you are conforming to what they deem as "normal" sexual behavior. Although that sounds far fetched, it really isn't; just take a look around at all the censorship.
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Re: Legality in Pornography

Postby Shrink Rap » Fri Jun 24, 2011 4:37 pm

NotAnonymousEnough wrote:It's ridiculous really.
...
I guess what I'm saying is that, I think that hentai, and other various cartoon pornography is like a way out. I guess you could call it an "anti-drug" if you so wish to use the terminology. I believe that having hentai, for various questionable, and legal fetishes is a great thing. It stops *some* people from going out for the real thing.

In many different countries where it has been studied, sex crimes have been found to decrease when pornography was available. This includes sex offenses against children declining in places where child pornography has been legal. Milton Diamond at the University of Hawai'i has done a lot of this work.

Also, NYU Law Professor Amy Adler has shown in her Columbia Law Review article, The Perverse Law of Child Pornography, that child pornography laws are actually counterproductive.
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Re: Legality in Pornography

Postby dan1966 » Sun Jun 26, 2011 1:27 am

Until yesterday I thought that hentai (japanese animated pornography) and other forms of animated/cartoon pornography were legal everywhere, but Platypus and GinaSmith opened my eyes.

It seems like the law is changing in many countries to include animated pornography in existing pornography laws. I don't mean just cartoons which represents real people, but which represents fictional people, or humanoid figures who can't even be considered particularly person-like.


I can deffinately tell you from experiance that Japanese Lolicon and Shotacon are no different a form of abuse against children as real child porn because it perpetuates and stimulates the behavior.

I still can't understand the reason why Child Porn is legal in Japan and has been it seems since the end of World War II, what logic can there be?

It should be illegal in every country and Japan should be punished through the UN and the Hauge for crimes against children. Their military especially should be tried for war crimes for what Japanese and Pakistani troops did during the UN mission in post war Cambodia.
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Re: Legality in Pornography

Postby AnxiousAna » Sun Jun 26, 2011 1:59 am

dan1966 wrote:I can deffinately tell you from experiance that Japanese Lolicon and Shotacon are no different a form of abuse against children as real child porn because it perpetuates and stimulates the behavior.


I'm sorry Dan, but what Shrinkrap just said directly contradicts you.

In many different countries where it has been studied, sex crimes have been found to decrease when pornography was available. This includes sex offenses against children declining in places where child pornography has been legal. Milton Diamond at the University of Hawai'i has done a lot of this work.

Also, NYU Law Professor Amy Adler has shown in her Columbia Law Review article, The Perverse Law of Child Pornography, that child pornography laws are actually counterproductive.


I understand that your belief seems to be what the law and government are acting on, but all evidence seems to point to the contrary. In fact, fetishes are considered medical disorders. Something you are born with, not something that you decide you like because you've been looking at pornography of it. Paedophilia is a fetish - it is something you are not something you choose.

Even if you don't believe me, or the studies, or the medical definition of a fetish - imagine for a second that you, and the law, is wrong. Imagine if animated child pornography DIDN'T make people paedophiles, but in fact presented a safe outlet for their urges, to help them control themselves. Without that, what are they left with?

Also consider what NAE pointed out - if animated child pornography and real child pornography carry the same legal penalty, there is nothing to stop anyone who would be content with cartoons (which are fictional and have not exploited an actual child) from instead looking at photos of real children. Real children who have been harmed. Thus increasing the demand for real child pornography, and exploiting and harming more children.
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Re: Legality in Pornography

Postby dan1966 » Sun Jun 26, 2011 2:23 am

I'm sorry Dan, but what Shrinkrap just said directly contradicts you.


I'm sorry too but your studies are flawed.

sex crimes have been found to decrease when pornography was available


Oh really? Child Porn is NOT a sex crime? Who invented this idiotic form of logic?

-- Sat Jun 25, 2011 6:25 pm --

Imagine if animated child pornography DIDN'T make people paedophiles, but in fact presented a safe outlet for their urges, to help them control themselves.


It perpetuates and stimulates the problem, it does nothing to correct the problem. The correction for it is not to do it, not to stimulate the urges for it by committing more criminal acts on top of it. That's what the Japanese have been doing.

Then again if you never lived there, how would you know?
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Re: Legality in Pornography

Postby Shrink Rap » Sun Jun 26, 2011 5:31 am

dan1966 wrote:
I'm sorry Dan, but what Shrinkrap just said directly contradicts you.


I'm sorry too but your studies are flawed.

Which studies, and what are the specific flaws?

sex crimes have been found to decrease when pornography was available


Oh really? Child Porn is NOT a sex crime? Who invented this idiotic form of logic?

Perhaps you ought to read what I wrote above again. In the places where child pornography was legal, NOT a crime, offenses against actual children declined. There were fewer child sex offenses because child porn was legally available, again, NOT a crime.

-- Sat Jun 25, 2011 6:25 pm --
Imagine if animated child pornography DIDN'T make people paedophiles, but in fact presented a safe outlet for their urges, to help them control themselves.


It perpetuates and stimulates the problem, it does nothing to correct the problem. The correction for it is not to do it, not to stimulate the urges for it by committing more criminal acts on top of it.

Except that that is not true, as I have just shown above twice.

Then again if you never lived there, how would you know?

If you have never looked at child porn, how would you know about it?
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