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Pornography

1 March, 2006 (13:29) | Little Note

Seru banget ngomongin soal yang satu ini, sekarang kita lagi di hebohin ama yang namanya RUU Pornografi dan Pornoaksi, dibawah adalah artikel yang mungkin bisa jadi masukan apa sich yang sebenarnya soal pornografi itu sendiri,dan legality pornography di Negara-negara lain.
Mulai dari artinya:
Pornography (from Greek ??????????? pornographia � literally writing about or drawings of prostitutes) (also informally referred to as “porn” or “porno”) is the representation of the human body or human sexual behaviour with the goal of sexual arousal, similar to, but distinct from, erotica, though the two terms are often used interchangeably.
Pornography may use any of a variety of media � written and spoken text, photos, sculpture, drawings, moving images (including animation), and sounds such as heavy breathing. Pornographic films combine moving images, spoken erotic text and/or other erotic sounds, while magazines often combine photos and written text. Novels and short stories provide written text, sometimes with illustrations. A live performance may also be called pornographic.
Terminology
In its original meaning, pornography was literally “writing about prostitutes”, from the classical Greek roots ????? and ???????. ????? started as a euphemism and literally meant ‘(something) sold.’ It is related to the verb ??????? meaning ‘to sell.’ It derived from a Greek term for men who chronicled the well-known “pornai”, or skilled prostitutes of ancient Greece. In more modern times, the term was adopted by social scientists to describe the work of men like Nicholas Restif and William Acton, who in the 18th and 19th centuries published treatises studying prostitution and proposing to regulate it. The term retained this meaning in the Oxford English Dictionary until 1905.
The term then came to mean writing about anything sexual, especially in a base manner, when the creation, presentation, or consumption of the material was for sexual stimulation. The term now refers to sexually related material of all kinds, both written and graphical. The term “pornography” often has negative connotations of low artistic merit, as compared to the more esteemed erotica. Euphemisms such as adult film, adult video and adult bookstore are generally preferred within the industry producing these works (namely the Adult industry). Pornography can also be contrasted with ribaldry, which uses sexual titillation in the service of comedy. Having said that, the definition of pornography is highly subjective, with generally accepted works of art such as Michelangelo’s David being considered pornographic by some people.
A distinction is sometimes made between softcore pornography and hardcore pornography. The former generally refers to materials that feature nudity, sexually suggestive scenes, and simulated sex, while hardcore or X-rated pornography contains close-ups of aroused genitalia and sexual activities including penetration. Within the industry itself, informal classification breaks down even further. The distinctions may seem trivial to many people, but the precarious legal definition and differing standards at different outlets cause producers to shoot and edit different cuts of films and to first screen those differing versions for their legal teams. The internal rating decision is primarily made by considering the exposure of an erect penis, inclusion and duration of close-up shots of genitals and penetration, types of penetration, and the presence or lack of an external ejaculation.
In some American jurisdictions the depiction of urination or defecation contributes to the conclusion that a particular image is pornographic (see e.g. Arizona Criminal Code [1], 9f, 11, in combination with [2], A2, and for Utah [3], 8h).
History
Pornography maybe came before humanity of the man kind. Great Apes like gorillas or baboons do practice what some might consider as an archa�c form of pornography : the Alpha Male has sex in front of an audience of weaker males who masturbate watching their leader copulating.
Pornography has an extensive history. Sexually suggestive and explicit artwork is as ancient as artwork of any other content; explicit photographs date to very shortly after the invention of photography; and among the earliest films are works depicting nudity and explicit sex.
Nude human beings and sexual activities are depicted in some paleolithic art (e.g. Venus Figurines); however, it is not certain that the purpose was sexual arousal, as the images may have had instead a spiritual significance. There are numerous pornographic paintings on the walls of ruined Roman buildings in Pompeii. One notable example is a brothel in which the various sexual services are advertised in murals above each door. In Pompeii you can also see phalli and testicles engraved in the sidewalks, pointing the way to the prostitution and entertainment district, to aid visitors in finding their way (see Erotic art in Pompeii). Archaeologists in Germany reported in April 2005 that they had found what they believe is a 7,200-year-old pornographic scene depicting a male figurine bending over a female figurine in a manner suggestive of sexual intercourse. The male figure has been named Adonis von Zschernitz. [4]
In the second half of the 20th century, pornography in the United States evolved from the so-called “men’s magazines” such as Playboy and Modern Man of the 1950s. These magazines featured nude or semi-nude women, sometimes apparently engaging in the act of masturbation, although their genitals or pubic hair were not actually displayed. By the late 1960s, however, these magazines, which by then included Penthouse, began to evolve into more explicit displays, eventually, by the 1990s, featuring sexual penetration, lesbianism and homosexuality, group sex, masturbation, and fetishes.
Pornographic motion pictures are nearly as old as the medium itself. According to Patrick Robertson’s Film Facts, “the earliest pornographic motion picture which can definitely be dated is A L’Ecu d’Or ou la bonne auberge”, made in France in 1908; the plot depicts a weary soldier who has a tryst with an inn servant girl. The Argentine El Satario might be even older; it has been dated to somewhere between 1907 and 1912. Robertson notes that “the oldest surviving pornographic films are contained in America’s Kinsey Collection. One film demonstrates how early pornographic conventions were established. The German film Am Abend (c1910) is, as Robertson writes, “a ten-minute film which begins with a woman masturbating alone in her bedroom, and progresses to scenes of her with a man performing straight sex, fellatio and anal penetration.” (Robertson, p. 66)
Many such pornographic films were made in subsequent decades, but given the usually clandestine nature of the filming and distribution, details of such “stag films” are often difficult to obtain.
The first explicitly pornographic film with a plot that received a general theatrical release in the U.S. is generally considered to be Mona (also known as Mona the Virgin Nymph), a 59-minute 1970 feature by Bill Osco and Howard Ziehm, who went on to create the relatively high-budget hardcore/softcore (depending on the release) cult film Flesh Gordon.
The 1971 film The Boys in the Sand represented a number of pornographic “firsts.” It was the first generally available gay pornographic movie. It was the first porn film to include onscreen credits for its cast and crew (albeit largely under pseudonyms). It was the first porn film to parody the title of a mainstream movie (in this case, The Boys in the Band). And it is the only X-rated pornographic film to be reviewed by The New York Times. Technology and pornography
Mass-distributed pornography is as old as the printing press. Almost as soon as photography was invented, it was being used to produce pornographic photographs. Indeed some claim that pornography has been a driving force in the take up of technologies from the printing press, through photography (still and motion) to video, satellite TV and the internet, which some groups are trying to ban.
Video: Betamax, VHS, DVD, and future formats
The movie camera has also been used for pornography throughout its history, and with the arrival of the home video cassette recorder the pornographic movie industry experienced massive growth and spawned adult stars like Ginger Lynn, Christy Canyon, and Traci Lords (later found to have been under the legal age of 18 during most of her tenure in the industry). One could now not only watch pornography in the comfort and privacy of one’s own home, but also find greater choices available to satisfy specific fantasies and fetishes.
Coupled with the arrival of affordable consumer-level video cameras, one had the means of producing one’s own content, for enjoyment or even for profit.
It has been suggested that Sony Betamax lost the format war to VHS (in becoming the general home video recording/viewing system) because the adult video industry chose VHS instead of the technically superior Sony system. Other attempts at innovation came in the form of “interactive” videos that let the user choose such variables as multiple camera angles, multiple endings (i.e “Devil in the Flesh”, 1999, Private Films), and computer-only DVD content.
Erotic film producers are expected to play a major role in deciding the next DVD standard. Large outfits tend to support the high-capacity Blu-ray Disc, while small outfits generally favor the less-expensive HD-DVD. According to a 2004 Reuters article, “The multi-billion-dollar industry releases about 11,000 titles on DVD each year, giving it tremendous power to sway the battle between two groups of studios and technology companies competing to set standards for the next generation”
The Internet
With the arrival of the Internet, the availability of pornography increased greatly. Some of the most successful internet entrepreneurs are those who operate pornographic internet sites. As well as conventional photographic or video pornography, some sites offer an “interactive” video game-like entertainment. Due to the international character of the Internet, it provides an easy means whereby consumers, residing in countries where pornography is either entirely illegal, or at least that which does not furnish physical proof of age, can easily acquire such material from sources in another country where it is legal or remains unprosecuted. See internet pornography.
The low cost of copying and delivering digital data boosted the formation of private circles of people swapping pornography. With the advent of peer-to-peer file sharing applications such as Kazaa, pornography swapping has reached new heights. Free pornography became available en masse from other users and is no longer restricted to private groups. Large amounts of free pornography on the Internet is also distributed for marketing purposes to encourage subscriptions to paid content.
Since the late 90’s, “porn from the masses for the masses” seems to have become another new trend. Cheap digital cameras, increasingly powerful and user-friendly software, and easy access to pornographic source material have made it possible for individuals to produce and share home-made or home-altered porn for next to no cost.
On the Internet, pornography is sometimes referred to as pr0n which is misspelled p0rn � porn written with zero, a common style in a so called leet speak. One theory on the origins of this spelling is that it was devised to fool text filters on instant messaging programs or chat rooms.
According to Google, 68 million searches including some variation of the word “porn” occur every day.
Legal Status
The legal status of pornography varies widely. Most countries allow at least some form of pornography. In some countries, softcore pornography is considered tame enough to be sold in general stores or to be shown on TV. Hardcore pornography, on the other hand, is usually regulated. Child pornography is illegal in almost all countries, and most countries have restrictions on pornography involving violence or animals.
Some people, including pornography producer Larry Flynt and the writer Salman Rushdie, have argued that pornography is vital to freedom and that a free and civilized society should be judged by its willingness to accept pornography.
Most countries attempt to restrict minors’ access to hardcore materials, limiting availability to adult bookstores, mail-order, via television channels that parents can restrict, among other means. There is usually an age minimum for entrance of pornographic stores, or the materials are displayed partly covered or not displayed at all. More generally, disseminating pornography to a minor is often illegal. Many of these efforts have been rendered moot by the wide availability of Internet pornography.
There are recurring urban legends of snuff movies, in which murders are filmed for pornographic purposes. Extensive work by law enforcement officials to ascertain the truth of these rumors have been unable to find any such works.
(Great thing to know and compare!).
* Australia: Regulation has increased somewhat under the Howard government, but remains reasonably widely available. See censorship in Australia. Pornographic material may be bought and hired in Northern Territory and ACT, and may not contain violence, child sexual abuse or demeaning portrayals. The various states have different laws on pornography, but the edited highlights are that there are numerous adult shops in each state and territory, all of which can sell or rent X-rated material. Technically it is illegal to sell X-rated material in Queensland, but it is not illegal to possess X-rated material.
* Austria: “Youth-imperiling” materials or those which violate human dignity may not be displayed or sold to persons under 18 years of age. Nudity is not assumed as such material.
* Brazil: Child pornography is a crime. Regular pornography (not involving bestiality/snuff) is legal. Male actors in local movies must wear condoms in penetration scenes. All actors must be 18 or older. When sold at public places, magazine and DVD covers that depict genitalia must be hidden from public view. Any pornography can only be sold to people 18 or older.
* Canada: Laws vary from province to province, however sale to persons under 18 (varies by province) is generally prohibited. Most materials are sold in adult stores, despite no specific law controlling the distribution. Canada Customs is empowered to stop the importation of materials prohibited under obscenity laws; many gay and lesbian bookstores have charged that this is applied in a discriminatory way to same-sex pornographic materials. Conversely, some over-the-air television stations (particularly Citytv and TQS) have broadcast softcore pornographic films after midnight. Child pornography is illegal, although a controversial recent Supreme Court of Canada decision on privacy rights significantly impacted government efforts to track and confiscate it. See also Censorship in Canada.
* People’s Republic of China: Recently legalized, adult magazines are sold publicly, although specifics of the regulation is not known.
* Colombia: Child pornography prohibited under new constitution. Marketing is very strictly regulated. Most materials are sold on the black market. Bogota has at least 300 places where pornography (hardcore) may be legally obtained.
* Denmark: Ban on pornographic literature was lifted in 1966. In 1969 Denmark was the first country in the world to legalise (hardcore) pornography.
* France: Extremely violent or graphic pornography is considered X-rated, may be shown only in specific theaters, and may not be displayed to minors. Incurs special taxes on revenue (33% for X-rated movies, 50% for pornographic online services). The rating system is controversial; for instance, in 2000, the sexually explicit and violent Baise-moi was initially rated as only “restricted” by the French government, but this classification was overturned by the Conseil d’�tat ruling on a lawsuit brought by associations supporting Christian and family values.
* Germany: Child pornography is banned. Although law defines a child to be a person up to the age of 14, no pornographic material may involve persons below the age of 18. Hard pornography (violence and animal related) may not be produced or distributed; possession is allowed. Hardcore pornography is restricted to buyers of 18 years or older. If a store is accessible to minors, the material must not be on display and may only be sold discreetly and by request. Special parental privilege to show hardcore pornography to their children for educational purposes. The law defines pornography to be hardcore pornography, thus anything else is not restricted.
* Greece: Softcore magazines, calendars, and decks of cards are sold openly at roadside kiosks and tourist shops. Extreme or graphic pornography is generally restricted to adults or X-rated.[Nowadays most kiosks in Athens exhibit hardcore magazines and DVDs.]
* Hong Kong: Illegal if sold or shown to children under 18 of age, or if publicly displayed (except within the confinements of and only visible from inside “a bona fide art gallery or museum”), or if published without being wrapped completely without an “easily noticeable” notice stating that the material may be offensive and may not be distributed to minors.[8]
* Hungary: Illegal if sold or shown to children under 18 of age. Display of genitals on cover of magazine is prohibited unless obscured.
* Ireland: Illegal until the mid-1990s.
* India : Pornography is illegal and attracts several penal provisions. However, enforcement is extremely lax and pornographic materials are easily available.
* Indonesia : Illegal, however enforcement is extremely lax, as all of you know, we are in process of making the (Right) RUU Pornografi dan Pornoaksi, 2006.
* Israel : Illegal for persons under age 18, although rarely enforced. Pornography in all its form can be found in any video rental shop (including video vending machines), and there are Israeli stores that specialize in pornography, as well as several companies that produce Israeli porn. As the subject recieves almost no public and hence governmental attention, child pornography is the only illegal form of porn. The Israeli police unit of computer crimes take extreme measures against it, including Internet usage surveilance and system hackings.
* Japan: As in Europe, photographs of nudes are not uncommon in the mainstream media. In the 1970’s and 1980’s, the strongest prohibition was against showing pubic hair or adult genitalia. Imported magazines would have the pubic hair scratched out, and even the most explicit videos could not portray it. Starting around 1991, photobook publishers began challenging this ban to the point where pubic hair is now fairly well accepted. Close-ups of genitalia remain proscribed. In 1999, the government enacted a law banning photos and videos of naked children, which were a fairly common sight in mainstream media before that time. Manga and anime remain largely unregulated, although large publishers tend to self-censor to avoid the wrath of parental lobby groups.
* Malaysia: Illegal, however enforcement is extremely lax.
* Mexico: Illegal if sold or shown to children under 18 or age, yet enforcement is lax.
* Netherlands: Very liberal laws. Sold openly at normal newsstands. Material involving animals recently declared illegal due to new animal-welfare laws.
* Norway: Hardcore material has for long been illegal de jure, but legal in practice, that is, illegal to produce, distribute and sell, but legal to possess. One may e.g. acquire it abroad, on the internet, or via satellite TV. There are also some illegal porn shops, especially in the larger cities. To satisfy legal requirements, editors of erotic magazines, domestic TV channels and cable TV have obscured sexual organs in activity using black rectangles etc. After the Supreme Court on 7 December 2005 unanimously acquitted a former magazine editor for publishing unobscured hardcore pornography in 2002, however, it is understood that printed hardcore pornography is no longer illegal, and it is expected that pornographic magazines will be introduced in general stores. It is not yet clear if the Supreme Court decision will affect film or TV. (NB! It is still illegal to depict illegal sexual activities, i.e. involving children, animals, necrophilia, rape, violence or the use of force.) [9], [10], [11]
* Russia: Production and distribution explicitly prohibited, but State Duma has repeatedly failed to pass laws regulating pornographic materials, leaving status of most material unclear. De jure all pornography is allowed (including child porn), but de facto there are some limitations on where it can be sold, and zoophilia and child pornography are de facto prohibited. Openly sold erotic magazines usually do not display nipples and pubic area on covers. Most material is filmed in Saint-Petersburg where the law defines pornography as materials including rape, bestiality, necrophilia or child pornography, making all other subject matters legal erotica.
* Singapore: Illegal, including softcore publications such as Playboy.
* Slovenia : Illegal if sold or shown to children under 18 of age. Display of genitals on cover of magazine is prohibited unless obscured.
* Sweden: Material involving animals is de-facto legal but subject to animal-welfare laws. May be viewed beginning at age 18, no age limits for magazines. Illegal for persons below 18 to act in films made in Sweden.
* Switzerland: Legal, subject to exceptions: sale or display to persons under 16 or to non-consenting audiences is punishable by a fine or up to three years imprisonment. The same penalty is applicable for the possession, sale, import, etc. of child pornography, bestiality, excretions or violent acts. There is an exception for pornography with cultural or scientific merits. See Article 197 of the Penal Code.
* Taiwan : Illegal if sold or shown to children under 18 of age. Display of genitals on cover of magazine is prohibited unless obscured.
* United Kingdom: Hardcore material was illegal until 1999, when trade-barrier difficulties with regards to European Community membership ensured the relatively free movement of such goods for personal importation only. R18-rated videos are only available in licensed sex shops, but hardcore pornographic magazines are available in newsagents in some places. Purely textual pornography has not been prosecuted since the Inside Linda Lovelace trial of 1976. The Home Office plans to introduce legislation to ban violent pornography.
* United States: Hardcore material is legal at the Federal level unless it meets the Miller test of obscenity, which is rare. Child pornography involving depictions of actual children engaged in sex acts or posing is a crime. Prosecution for and tolerance of pornography varies widely from state to state and city to city. Certain materials/acts have been self-regulated out of mainstream porn. Pornographic materials may not be made available to persons under 18 years of age or 21 in some jurisdictions. Some attempts at restricting pornography on the Internet have been struck down by the courts; see: Internet pornography.
The potential ability to create realistic images using computer graphics or digital manipulation has led to some debates of legality. For instance, the Supreme Court of the United States struck down in 2002 the Child Pornography Prevention Act of 1996 that prohibited, among other things, simulated child pornography. The court ruled that it violated the First Amendment to ban material depicting fictional illegal conduct when no such conduct had been involved in production. However, in the UK, the Criminal Justice and Public Order Act 1994 reached entirely the opposite conclusion, that if an image creates a convincing enough impression, it becomes an indecent pseudo-photograph of a child and is equally prosecutable under the law as an actual photograph.
The Internet has also caused problems with the enforcement of age limits regarding performers. In most countries, women and men under the age of 18 are not allowed to appear in porn films, but in several European countries the age limit is 16, and in the UK it is legal for women as young as 16 to appear topless in mainstream newspapers and magazines. This material often ends up on the Internet and viewed by people in countries where this constitutes child pornography, creating challenges for lawmakers wishing to restrict access to such material�
From Wikipedia, the free encyclopedia

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