LOTS of manga/anime now illegal in Sweden; soon to be in EU

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hyperlexian
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20 May 2012, 2:00 am

by the way, your statistic about the decline of rape does not cover children. the rise in kiddie porn has NOT led to a reduction in sexual abuse of minors.

and just because we don't have a cure yet doesn't mean we won't find one. i'll be frank with you as to something i believe may be a likely problem - people tend to consciously hold onto their desires and attractions like they are precious faberge eggs in a glass case. i have been formulating some thoughts on that based on discussions elsewhere on the forum. attraction is often flexible and it changes over time and with different circumstances, yet for some reason people believe their objects/subjects of attraction are fixed and unchanging. and when given the idea that they could change their desires should they want to, people react with horror as though their desires are inseparable from the rest of their self. it isn't really the case - desires are organic and will change willy-nilly, so it is illogical to cling to them like they are so precious and static.

i find it interesting that you don't seem to think pedos should be cured, yet you believe autism needs a cure.... and i think the reverse. :lol:


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hyperlexian
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20 May 2012, 2:03 am

CrazyCatLord wrote:
Speaking of historical artwork, there are also countless ancient Greek vases and crockery that depict adults in sexually explicit situations with adolescents. Erastes and his juvenile lover Eromenos were a common motive. We can hardly outlaw the modern day equivalent of this culturally inappropriate erotica without smashing these antiquities, or at least banning them from galleries and museums. And I'm afraid that private collectors will have to face jail time and sex offender registration. Child porn is child porn.

This makes me wonder how many pieces of antique art are already lost to posterity because some Victorian archeologist thought "we can't possibly display this smut in a museum". Not to mention the many paintings and writings that were destroyed by Catholic clergymen and monks during the Middle Ages. Censorship is indeed the younger sister of a lady called Inquisition, to paraphrase Johann Nestroy. If only people would learn from history.

sure why not destroy them? we can't miss what we don't know ever existed. you can keep coming up with more and more extreme examples to the point of ridiculousness, but i don't reify cultural objects like they hold some kind of special status above anything else. is an ancient Greek vase any more important than Woman's Weekly magazine? i don't personally think so.


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Dox47
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20 May 2012, 3:08 am

First of all, the law is an ass; seldom has that been more true.

Second, let's take another look at this:

http://www.sciencedaily.com/releases/20 ... 111326.htm

Science Daily wrote:
Could making pornography legal lead to lower rates of sex crimes? A new study by Milton Diamond, from the University of Hawaii, and colleagues, addresses this controversial question.

Results from the Czech Republic showed, as seen everywhere else studied (Canada, Croatia, Denmark, Germany, Finland, Hong Kong, Shanghai, Sweden, USA), that rape and other sex crimes have not increased following the legalization and wide availability of pornography. In addition, the study found that the incidence of child sex abuse has fallen since 1989, when child pornography became readily accessible -- a phenomenon also seen in Denmark and Japan.

The research results are published online in Springer's journal Archives of Sexual Behavior.

The findings support the theory that potential sexual offenders use child pornography as a substitute for sex crimes against children. While the authors do not approve of the use of real children in the production or distribution of child pornography, they say that artificially produced materials might serve a purpose.

Diamond and team looked at what actually happened to sex-related crimes in the Czech Republic as it transitioned from having a strict ban on sexually explicit materials to a situation where the material was decriminalized. Pornography was strictly prohibited between 1948 and 1989. The ban was lifted with the country's transition to democracy and, by 1990, the availability and ownership of sexually explicit materials rose dramatically. Even the possession of child pornography was not a criminal offense.

The researchers monitored the number of sex-related crimes from Ministry of Interior records -- rape, attempted rape, sexual assault, and child sex abuse in particular -- for 15 years during the ban and 18 years after it was lifted.

Most significantly, they found that the number of reported cases of child sex abuse dropped markedly immediately after the ban on sexually explicit materials was lifted in 1989. In both Denmark and Japan, the situation is similar: Child sex abuse was much lower than it was when availability of child pornography was restricted.

Other results showed that, overall, there was no increase in reported sex-related crimes generally since the legalization of pornography. Interestingly, whereas the number of sex-related crimes fell significantly after 1989, the number of other societal crimes -- murder, assault, and robbery -- rose significantly.


Bold is mine.


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20 May 2012, 4:02 am

hyperlexian wrote:
CrazyCatLord wrote:
hyperlexian wrote:
i think underaged fanfics or fiction with underage sex should be illegal too, absolutely. i don't see why not.


Do you think Vladimir Nabokov's "Lolita" should be illegal as well? What makes his novel superior to fanfic?

And why stop at underage sex? Fictional bestiality is just as abhorrent. So let's throw all paintings that depict Leda and the swan onto the pyre while we're at it.

yes yes and yes. i have no problem censoring those things too. censorship is no big deal to me - our society is already heavily censored, but we are used to it so it doesn't chafe too much.


I vaguely recall you posting that while you're opposed to porn, you aren't in favor of censorship. It seems you have changed your mind since then, to the point where you approve the censorship of historical art and literature. I've always suspected as much from anti-porn activists. There goes Thomas Mann’s Death in Venice, as well as several movie adaptations of Shakespeare's Romeo and Juliet.

And how old were Lot's daughters again in the Bible tale? Two of them weren't married when they had sex with him, only betrothed. Seeing that girls were usually married at age 12-14 in those times (think of how young Mary must have been when Yahweh or his angel impregnated her), the story of Lot is not just an incest story, but a child abuse story to boot. And then there is that unpleasant business with the virgin Midianite girls. So the Bible will probably have to go too.

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about your other points, "barely legal" or "barely 18" means just that - LEGAL as it would be people who are obviously 18. but it does not excuse someone being made up to look 14 and sexualised in that context. the two areas are completely distinct.


I think when it comes to legal age, the deciding factor should be age, as the term already suggests. The appearance or outfit of a person shouldn't factor into it. Since you seem to think otherwise, do you also think that men should be prosecuted for statutory rape if they have sex with an adult woman who wears a school uniform?

Quote:
a child is whoever our society deems to be a child. if we decide people who are 20 years old are children and should be protected... then that is our decision. i don't have a problem with that. it is somewhat arbitrary, but so what? i think that the line has to be drawn somewhere, and if sex is not permitted with a certain age group, then neither should the porn be allowed.


I think the legal term is minor, not child. The law can decide that people under 20 are minors, but the transition from child to adolescent is determined by mother nature.

Quote:
if it is not acceptable to see actual children naked in a sexual context, then it does not really make sense to have pretend-porn being acceptable. it sends a message that pedophilia is ok... and frankly it isn't. there is no guarantee that a pedo won't act on it at any given moment. if the urge is there, it may just be a matter of opportunity. researchers are not certain what makes one person act on it while another does not.


I'm not sure that this is what legislators had in mind when they outlawed child porn. If a mother walks in on her teenage son having sex with another teenager, or on her prepubescent children playing doctor, does that make her a criminal? I don't think so. Seeing minors naked in a sexual context is not a crime. The original aim of anti-child porn laws is to prevent the sexual abuse of children and teenagers, as well as their commercial exploitation. Not to eradicate every literary or artistic reminder of the fact that teenagers have sex, and have been doing so since the dawn of times.

I also disagree that fictional stories and artwork give the impression that their content would be ok to reenact in real life. Horror movies and video game violence didn't cause an increase of violent crime, it has actually decreased in recent decades. People, at least adult people, are very good at distinguishing between fiction and reality.

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i think people should be prevented from acting on their urges if they are pedophiles, and to me.... acting on it includes viewing porn. apparently the law agrees. go figure.


The only reliable way to prevent people from acting on their sexual urges, especially male people, is to remove their libido. You can't remove sexual urges by outlawing porn. Pedophiles would only be more inclined to satisfy their urge by preying on actual children. I guess we would have to find all pedophiles, round them up, hospitalize them and chemically or surgically castrate them, against their will if necessary.

And then we'd have to do something about the pesky human rights activists who would undoubtedly compare this to the chemical castration of Alan Turing and other gay people, the forced sterilization of minority women, or the forced medical experiments on other groups of sexual deviants in the past. They would even have a point if they dropped words like "eugenics", seeing that there are many non-exclusive pedophiles who have children with adult partners.

Hebephiles, which have strongly been selected for in historic times and might constitute a considerable portion of the adult male population, would have to undergo the same forced treatment. Including non-exclusive hebephiles who are attracted to sexually mature women of all ages. After all, there is no telling if or when they might act on inappropriate urges that were perfectly appropriate and natural for the first 200,000 years of Homo sapiens evolution. Nowadays, people who feel attracted to 13- or 14-year-olds are just as dangerous as pedophiles.

In countries where the age of consent is 18, one would also have to kill the libido of ephebophiles. I suppose the governments in those countries would end up chemically neutering the vast majority of males. Probably all males except for a handful of guys who are very good at pretending :) And finally, if we must assume that all pedophiles and hebephiles are rapists waiting to happen, must we not assume the same of heterosexual men? In a South African survey, one in four men admitted to being a rapist (source). I don't think that the percentage of child abusers among pedophiles is much higher than that, although I don't have any statistics to support this hunch.

It might make more sense to try and screen out all men, regardless of sexual orientation, who are most likely to become sexually violent or abusive. Such as sadists and other sexual deviants of the BDSM variety. We could call the resulting list of names a minority report. Sorry for being a bit sarcastic, I just think that attempts to punish crime before it actually happens, or to preemptively "treat" potential criminals, is a really huge and ugly can of worms in terms of human rights.



aghogday
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20 May 2012, 4:05 am

CrazyCatLord wrote:
aghogday wrote:
Cultural norms in countries with laws are reflected by those laws. The enforcement of cultural norms, is the main reason countries have laws.


No. Criminal law is not supposed to enforce cultural norms (which is a very questionable goal in a multicultural and multi-ethnic society, imho) or to make moral judgments. The purpose of criminal law is to punish actions that harm other people or infringe upon their rights. Nobody has ever been harmed by another person reading a comic book or an adult magazine featuring models of legal age.

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It works the other way as well, when one is moving goal posts. Communities, through a democratic process determine what cultural norms are and legally enforce them, to restrict behavior, that is not part of the culturaly accepted norm.


Which, until recently, included behavior such as gay sex. I think all rational people can agree that the so-called moral majority has no right to dictate the behavior of everybody else, unless we're talking about actions that either cause harm to others or cause a disturbance when performed in public (e.g. exhibitionism or public masturbation).

Quote:
A little bit of censorship to protect the overall rights of those in entire countries, not to be bound by the cultural norms of smaller communities, is a fair trade off, considering that a decision could be made to completely ban internet porn as has been attempted in other countries. If there is a price to paid not to look at simulated child porn, that's not too high of a price to pay to keep the extreme amount of freedom that is already provided, beyond and above some local community standards, in the US.


I don't see it that way. Censorship is always a bad idea. While it makes sense to protect children from certain types of media produced for adults, and of course from sexual abuse, there is no valid reason to restrict the access of legal adults to any type of media or publication. Unless of course people were harmed during the production of this media (child porn, snuff films etc.) But this is not the case when it comes to fictional comic books, video games or 3D animations. If we conflate reality and fiction, we also have to prosecute Call of Duty players for homicide.

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I can't speak for Sweden, Germany, or the UK, but child porn is never going to be an accepted as a cultural norm in the US, regardless if it is animated or the real thing. That is where the US currently draws the line.


That statement makes as little sense as "murder can't be tolerated, no matter if it happens in reality or in a video game". Child porn is illegal because it involves and harms actual children. A fictional story or comic book is not child porn. It is already a stretch to call the literary and artistic work of manga artists "pornography". Erotica would be more appropriate.

Quote:
I'm surprised that Germany and Australia enforce stricter laws than the US. That's interesting; I wouldn't be surprised if the US eventually follows suit. Some of the stuff that is "legally" marketed definitely pushes the 12 to 13 year old danger zone, as to what could possibly be an adult of the age of consent. That's not something that is acceptable to the cultural norm in the US; it's unfortunate that goal post has to be moved that far, but it will be, if that is what it takes to protect overall cultural norms.


How can an adult magazine possibly "push the 12 to 13 year old danger zone" if all models are 18 or older? People are either of legal age or they aren't. We don't make consent dependent on facial features and bra size when it comes to sex, so I don't understand why this should be the case for nude magazines. I find it discriminating and dehumanizing to tell adult models / performers that their bodies are obscene and only pedophiles could possibly be attracted to them. In a multi-ethnic society, this could also become a racial issue considering that physical age markers vary between human populations. Especially people of Asian descent often look very young for their age.

PS: It's interesting how quickly "a little bit of censorship is necessary to to keep the extreme amount of freedom that we still have" can change to "well, if that's what it takes to enforce cultural norms, we need to go the extra mile and move the goal post a little further to the right". That's exactly why I oppose censorship on principle, regardless of if I personally disapprove of the censored publications. I also disapprove of the Bible -- which contains plenty of rape and child abuse btw -- but I wouldn't want to see it outlawed. (It should bear a "Mature Readers" advisory though).


While I can't speak with extensive knowledge for Germany, in the US cultural norms have driven the development and execution of laws from the beginning. While there is an attempt to keep church and state separate, the moral majority has still had a huge influence during the history of the US. Those results have not always been kind to all of the citizens, but that is the way it worked for the majority of US history, in part because of the beliefs of the individuals that were voting, and whom was allowed to vote.

Cultural norms continually change, and the laws continually reflect those cultural changes, regardless if they are influenced by religion or not.

Cultural norms predate the legal system. Legal systems were originally developed to enforce cultural norms. Criminal law has no inherent rationality, purpose or morals, nor do cultural norms.

They are human constructs that vary greatly per country and locality. Certainly not restricted from resulting in actions that harm others, infringe upon rights, or seem like rational constructs depending on point of reference and circumstance.

As an individual I can only study the cultural constructs, reflect on them, and comment on them. Cultural norms and the legal system could care less what my determinations as an individual are in regard to what I personally find as rational or moral in life, however I as everyone in every different locality and country am affected by the cultural constructs that I have been exposed to.

US laws have determined that minors depicted engaged in sex in Manga Comic books fall within the legal definition of child pornography. It doesn't matter if I as an individual agree with it or not, that doesn't change the law or the consequences of those that break it.

I'm not personally offering an opinion that 18 year old women that look younger shouldn't have a legal right to participate in pornography, if protected by the law; however if the US, as Germany has determined that it is not going to be legal in the future, to ensure that child pornography laws are enforced, there is going to be no other choice than to comply with the law or face the penalities of breaking the law. That's just a statement of reality, not a personal endorsement of the legal system or the cultural norms that apply.

It is the internet pornographers that are pushing the limits to what they portray as adults; the sources of magazines with real life individuals are much easier to trace to determine offenses.



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20 May 2012, 4:24 am

hyperlexian wrote:
like i said above, the urges themselves are wrong. at no point did i say that the entire person is wrong for existing, but yes - i think the sexual urge directed at children is wrong and we should be trying to help people to stop desiring children in that way. we do not know when a person may cross over from thought into action.


Looking at pictures, reading text, or fantasizing about a particular thing does not always mean you want to do that in real life.

Thinking about things is not wrong.



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20 May 2012, 4:28 am

hyperlexian wrote:
by the way, your statistic about the decline of rape does not cover children. the rise in kiddie porn has NOT led to a reduction in sexual abuse of minors.


That is not very surprising considering that child porn is illegal, including virtual / fictional "child porn" that doesn't depict or affect real children.

That's exactly what I was trying to say in an earlier post. We have created a legal situation where child rape and the possession of fictional underage erotica is equally illegal. Both leads to sex offender registration. Both equals social suidice when caught. This means for a pedophile that he might as well go and rape a real child instead of reading an adult comic book. Same risk, greater reward, to put it shockingly. This is how the censorship of fictional porn puts real children at risk.

Quote:
and just because we don't have a cure yet doesn't mean we won't find one. i'll be frank with you as to something i believe may be a likely problem - people tend to consciously hold onto their desires and attractions like they are precious faberge eggs in a glass case. i have been formulating some thoughts on that based on discussions elsewhere on the forum. attraction is often flexible and it changes over time and with different circumstances, yet for some reason people believe their objects/subjects of attraction are fixed and unchanging. and when given the idea that they could change their desires should they want to, people react with horror as though their desires are inseparable from the rest of their self. it isn't really the case - desires are organic and will change willy-nilly, so it is illogical to cling to them like they are so precious and static.

i find it interesting that you don't seem to think pedos should be cured, yet you believe autism needs a cure.... and i think the reverse. :lol:


You must have misunderstood me there. I never said that pedophiles shouldn't be cured, only that people shouldn't be chemically castrated against their will. Chemical castration is not a cure, just like electroshock therapy or lobotomy can't cure schizophrenia. An actual cure would be great. I bet most pedophiles would volunteer to take it.

So by all means, let's research the neurology of sexual orientation and find ways to change it. Let's find a cure for pedophilia, a cure for homosexuality (for those who want to switch for religious reasons, for example), and of course a cure for heterosexuality. I'm not being sarcastic here; I've often said that I'd love to be 100% gay instead of a 1-2 on the Kinsey scale, because it would make things so much easier for me. I'd like to live in a world where people can freely choose their sexual orientation, their biological sex and gender identity, and of course their appearance.



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20 May 2012, 4:40 am

When I hear the word "pedophilia" I think of someone that actually molests kids or badly wants to. Not someone that owns an adult manga that is set in a high school and has some teenagers having sex in it. Looking at fictional teenagers having sex does not make you a pedophile. It does not have to mean that you want to go out and have sex with teenagers or even have sex at all.

There are still loads of places online selling adult manga and doujinshi with teenage characters and I don't see them all getting shut down and their customers getting tracked down.

Even mainstream manga like Inuyasha show underage nudity. They show Kagome naked and she is 15. To some people then reading Inuyasha makes you a pedophile.

I've known someone online that loves the Inuyasha/Kagome pairing and owns a bunch of adult Inuyasha/Kagome doujinshi. Kagome is 15. Apparently because of that some would say she is a horrible pedophile and should be taken away from her husband and children and imprisoned all because she owned some comic books.

While we are at it lets get thought police to read everyone's minds and if they ever have a fantasy about anyone under 18 or anything else that is deemed "forbidden" we can round them all up and jail them for their thoughts.



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20 May 2012, 5:19 am

CrazyCatLord wrote:
aghogday wrote:
Literary works of art, per Stephen King, etc., are exempt from the law. The reason why is because by law they are considered legitimate forms of expression protected by first ammendment rights.


Which shows how nonsensical these laws are. There is no difference between a story character in a novel and a story character in a comic book. Both publications are literary works. Both characters are entirely fictional. No children where harmed in either case.

Quote:
Manga Child porn doesn't meet the legal definition of a legitimate form of expression protected by first ammendment rights in the US. The courts decide this, and laws are established, per example of the Protect Act of 2003, in the US, to provide guidelines to enforce the court decisions.


There is no such thing as "manga child porn". Like I said, that makes as little sense as "video game murder" or "movie homicide". Child porn harms and victimizes real children. Fictional stories don't harm anybody.

Quote:
No one Republican or Democrat, in the US, is likely going to fight to have a law, specifically restricting child porn, overturned. The only potential now would be further restrictions on pornography, such as the restrictions noted in Germany, taking measures to further restrict teen child pornography.


There is also no "teen child pornography" in magazines that depict 18+ year old models.

I've often seen you do this in discussions about pornography and other media. You use semantics to twist adult models into minors and drawings into children, and conflate porn in general with child porn. And you love to add snides like "if one was so inclined, one could always move to a country where the age of consent is 12" to smear your discussion opponents with the pedophile brush. You might want to stop that, because it makes people less inclined to value your opinion. One doesn't have to be a pedophile to stand up for freedom of speech and oppose irrational censorship. Or do you think that Neil Gaiman is a child molester?


I was commenting on the laws as they exist, not making personal judgements. It doesn't matter what I think, those that have the authority in the US to develop and enforce laws have the influence as to whether one goes to prison or not. The legal system in the US has defined depictions of minors engaged in sex in managa comic books as "child porn". Those that are found guilty of receiving or transmitting the illegal content by mail, across state borders, or through the internet, are subject to the law and penalties as they exist.

I don't make my discussions on controversial topics personal. I've never suggested or implied that anyone on this internet site was a pedophile; quote it if you can find it, otherwise I politely ask you not to suggest that I do by stating I am smearing discussion opponents with a pedophile brush. I'm not discussing people's personal lives in the discussion here, I'm discussing the topic. When I state if one is so inclined, that is not in reference to any particular individual, it is an impersonal comment not a personal one.

The reality is there are people that do travel to other countries where laws do not exist or are not enforced as strictly, to suit personal inclinations for young girls and boys and there are countries were child pornography laws are not strict like they are in the US, that provide a benefit for those that are so inclined.

One whom is so inclined can stay where the laws exist and are enforced, if one wants to risk a good portion of their life in prison. Cultural norms and laws make a difference in human behavior. The US legal system labels child pornography inclusive of individuals under the age of 18 engaged in sexual activity determined legally obscene. That not my judgement that is the legal system's judgement in the US.

I have yet to refer to magazines that depict actual teen or what is also referred to as child pornography per the legal system in the US, I have made that reference to the internet. Nor have I suggested that males that are attracted to younger mature females are inherent pedophiles. I have stated several times that is part of normal human nature.

It is an issue that is impacted by different cultural norms and laws dependent on country and culture. Just because an Internet pornography site says the girls are barely 18 doesn't necessarily mean they are 18, nor is this legal issue controlled nearly as well as it was in the past with the modern potential of most anyone with a computer, a digital camera, and broadband access the potential to become an internet porn sensation.

The laws as they exist are becoming harder to enforce, and adaptations will be made as seen fit by the courts and the legal system to better enforce the laws as required. That's not a personal opinion, it is how the legal and court system work in the US.



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20 May 2012, 5:22 am

aghogday wrote:
I'm not personally offering an opinion that 18 year old women that look younger shouldn't have a legal right to participate in pornography, if protected by the law; however if the US, as Germany has determined that it is not going to be legal in the future, to ensure that child pornography laws are enforced, there is going to be no other choice than to comply with the law or face the penalities of breaking the law. That's just a statement of reality, not a personal endorsement of the legal system or the cultural norms that apply.


I agree with this, but that doesn't mean that we shouldn't protest additional censorship and unnecessarily oppressive laws. When it comes to criminal law, I find that the existing laws are usually more than sufficient, if they were only properly enforced.

But censorship aside, my main problem is simply that this law has been snuck in without informing the public. I didn't know about it until a few days ago. I have all kinds of porn on my PC, all perfectly legal until 2008. Barely 18, Japanese porn with adult actresses who probably wouldn't pass for 18 by Western standards, BDSM porn with a stern headmistress / submissive student theme, and so on. (There is also plenty of "MILF" porn for that matter. I think that I'm a pretty ordinary single male when it comes to porn). This means that I could be prosecuted as a criminal sex offender if some conservative elderly judge thinks that a 20 year old Jenna Haze could easily pass for 17.

It also means that I have to go through my entire collection, which I paid a fair amount of money for back when I could easily afford it, and delete all videos with actresses that a judge might consider to be a "minor in appearance". I mean, how would I possibly know that? There needs to be a clear, unambiguous guideline. Legal age is such a guideline, but appearance is a very subjective thing. To be on the safe side, I'd have to delete everything except for movies with unambiguously mature (i.e., wrinkly and saggy) performers.

This puts both porn consumers and the adult entertainment industry in an impossible position. As an adult content seller in Second Life, I have been in this position after the child porn scandal in SL and the subsequent paranoia. Not that I sell anything illegal, but I still had to redesign countless product displays to make sure that no virtual model could be mistaken for 17, just in case that a competitor might report me in an attempt to put me out of business. That's what got me into researching the legal situation in the first place. Anyway, I don't find it acceptable that nearly everything can now be considered child porn by an ill-humored judge who ran out of antacid pills or suffers from worse hemorrhoid itching than usual. Laws should be unambiguous and leave little room for interpretation, imho.



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20 May 2012, 6:20 am

CrazyCatLord wrote:
hyperlexian wrote:
actually he isn't twisting anything. porn featuring adults who are made up to look like minors is illegal in some places as it simulates child porn. same with comic depictions.


Quote:
"Barely 18" pornography is not "teen child pornography". That's just disingenuous semantics on aphogday's part. The term child porn is equally incorrect and inflammatory in this context. Even if a 20 year old model wears a school girl outfit and pretends to be 16, she doesn't pretend to be a child. Biologically, a child is a human between the stages of birth and puberty. Postpubertal minors are commonly referred to as adolescents, juveniles or teenagers.


In the US if someone represents pornography as "Barely 18" pornography, as is often represented as such, and uses individuals under the age of 18, which does often happen in real life, they can be convicted of child pornography.

There is no way one can tell for sure if the many advertisements marketed on the internet for "Barely 18" are actually 18, because the medium is not well regulated, per the type of regulation that can be enforced at a strip club, with ID checks.

Even those that are under the age of 18 and transmit pornographic images of themselves on the internet can be convicted of transmitting child pornography in the US. Whether one agrees with the law or not, or personally defines the images as child pornography, the laws in the US define the images as such, and if one is convicted of the crime they face the penalties as applicable.

One of the biggest issues per the laws as they exist in the US and the pornography industry is the usage of underage individuals in the production of pornography and marketing of that material as legal to the overall target audience of males, whom are naturally attracted to young sexually mature looking females. The US law defines it as child pornography, and if one is convicted of breaking the applicable laws they face the penalties as they currently exist.

My reference to the "Barely 18", motto is in regard to the actual illegal aspects, per this marketing technique, not the legal aspects of it.

US law defines Child Pornography at the age of 17 years old, and per simulations of such as determined by referenced law earlier in the thread; that is not my personal determination, it is the determination of US Law. If you don't agree with these definitions of child pornography per US law, your disagreement is not with me, it is with legal system in the US.



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20 May 2012, 6:56 am

CrazyCatLord wrote:
aghogday wrote:
I'm not personally offering an opinion that 18 year old women that look younger shouldn't have a legal right to participate in pornography, if protected by the law; however if the US, as Germany has determined that it is not going to be legal in the future, to ensure that child pornography laws are enforced, there is going to be no other choice than to comply with the law or face the penalities of breaking the law. That's just a statement of reality, not a personal endorsement of the legal system or the cultural norms that apply.


I agree with this, but that doesn't mean that we shouldn't protest additional censorship and unnecessarily oppressive laws. When it comes to criminal law, I find that the existing laws are usually more than sufficient, if they were only properly enforced.

But censorship aside, my main problem is simply that this law has been snuck in without informing the public. I didn't know about it until a few days ago. I have all kinds of porn on my PC, all perfectly legal until 2008. Barely 18, Japanese porn with adult actresses who probably wouldn't pass for 18 by Western standards, BDSM porn with a stern headmistress / submissive student theme, and so on. (There is also plenty of "MILF" porn for that matter. I think that I'm a pretty ordinary single male when it comes to porn). This means that I could be prosecuted as a criminal sex offender if some conservative elderly judge thinks that a 20 year old Jenna Haze could easily pass for 17.

It also means that I have to go through my entire collection, which I paid a fair amount of money for back when I could easily afford it, and delete all videos with actresses that a judge might consider to be a "minor in appearance". I mean, how would I possibly know that? There needs to be a clear, unambiguous guideline. Legal age is such a guideline, but appearance is a very subjective thing. To be on the safe side, I'd have to delete everything except for movies with unambiguously mature (i.e., wrinkly and saggy) performers.

This puts both porn consumers and the adult entertainment industry in an impossible position. As an adult content seller in Second Life, I have been in this position after the child porn scandal in SL and the subsequent paranoia. Not that I sell anything illegal, but I still had to redesign countless product displays to make sure that no virtual model could be mistaken for 17, just in case that a competitor might report me in an attempt to put me out of business. That's what got me into researching the legal situation in the first place. Anyway, I don't find it acceptable that nearly everything can now be considered child porn by an ill-humored judge who ran out of antacid pills or suffers from worse hemorrhoid itching than usual. Laws should be unambiguous and leave little room for interpretation, imho.


I've attempted to make the point more than once that the victims of the porn industry, are not just those depicted in the porn. You are by far not the only one in this situation, and only one of the few that understand the position you are in or that would likely admit it in a public forum, which I think is good because it brings awareness to a serious problem for many in the general population, who may neither be concerned or aware of it.

I don't want to make any judgements on anyone's personal porn preferences, however I have similar concerns about what you are concerned about in that individuals not intending to break the law, are going to get a 6 month sentence in prison, and have their entire life ruined as a sexl offender, because those in the porn industry or amateur porn enthuisiasts misrepresented the age of their porn stars.

These laws are being generated because in real life the porn industry and the amateur participation has been using minors in depictions of porn and have been getting away with it, because in effect it is almost impossible to control.

I'm not suggesting that one shouldn't protest against what they don't believe are fair legal rulings, but the reality at this point is that it is better to understand the laws and not risk having one's life ruined, because one did not understand the potential legal ramifications of their activity in internet pornography.

If it keeps one person out of trouble, it's worth the effort in my opinion, to attempt to offer objective information on the issue, in a public forum.



redrobin62
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20 May 2012, 4:40 pm

I support the ban. Whether or not the person depicted is actually 18 or "portrayed" as being less than 18 is superfluous. I could not EVER entertain the notion of a pedophile trying to circumvent the law by attempting to twist its legislation or wording to gain support from those who would othewise frown on its presence.



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20 May 2012, 4:49 pm

If it was banned, there might be a hike in up coming artists.

Maybe I should consider opening an art supply store?


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20 May 2012, 4:58 pm

I seriously want to know what people who have bought these things online or even legally in American bookstores are supposed to do now with their suddenly illegal manga/doujinshi.

I don't support a ban. This is thought police and drawings are not people that need to be protected.



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20 May 2012, 5:16 pm

interesting point


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Last edited by Delphiki on 21 May 2012, 10:24 pm, edited 1 time in total.