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In People vs Freeman of 1988, the California Supreme Court stated that adult film production was to be protected as free speech under the First Amendment. They ruled that since such films did not include obscene images and indecency, and stayed within society's standards, the adult film industry should be granted the freedom of speech. Escaping highly regulated government intervention, regulation in the adult film industry has been limited to preventing child pornography. In the United States Code of Regulations, under title Title 18, Section 2257, no performers under the age of 18 are allowed to be employed by adult industry production companies. The failure to abide by this regulation results in civil and criminal prosecutions. To enforce the age entry restriction, all adult industry production companies are required to have a Custodian of Records that documents and holds records of the ages of all performers.
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Extreme pornography is a term introduced by the UK Government in Part 5, Section 63 of the Criminal Justice and Immigration Act 2008, which made possession of such images a criminal offense from 26 January 2009. It refers to pornography (defined as an image which "of such a nature that it must reasonably be assumed to have been produced solely or principally for the purpose of sexual arousal") which is "grossly offensive, disgusting or otherwise of an obscene character", and portrays any of the following:
The term covers staged acts, and applies whether or not the participants consent. Classified works are exempt, but an extract from a classified work, if the image was extracted for the purpose of sexual arousal, would not be exempt. Whether an image is "pornographic" or not is up to the magistrate or jury to determine simply by looking at the image; it is not a question of the intentions of those who produced the image. If an image is held in a person's possession as part of a larger series of images, the question of whether it is pornographic is also determined by the context in which it appears. Therefore, an image might be legal in some contexts, but not in other contexts. Serious injury is not defined by the act, but is up to the magistrate or jury. The bill gives examples of acts which would be covered: depictions of hanging, suffocation, or sexual assault involving a threat with a weapon; the insertion of sharp objects into or the mutilation of breasts or genitals.
Due to the international nature of the Internet, Internet pornography carries with it special issues with regard to the law. There is no one set of laws that apply to the distribution, purchase, or possession of Internet pornography. Only the laws of one's home nation apply with regard to distributing or possessing Internet pornography. This means that, for example, even if a pornographer is legally distributing pornography, the person receiving it may not be legally doing so due to local laws.
In jurisdictions that heavily restrict access or outright ban pornography, various attempts have been made to prevent access to pornographic content. The mandating of Internet filters to try preventing access to porn sites has been used in some nations such as China and Saudi Arabia. Banning porn sites within a nation's jurisdiction does not necessarily prevent access to that site, as it may simply relocate to a hosting server within another country that does not prohibit the content it offers. The United Kingdom's Digital Economy Act 2017 includes powers to require age-verification for pornographic Internet sites and the government accepted an amendment to allow the regulator to require ISPs to block access to non-compliant sites. As the BBFC are expected to become the regulator, this has caused discussion about ISPs being required to block content that is prohibited even under an R18 certificate, the prohibition of some of which is itself controversial.
Many nations that allow at least some types of pornography attempt to ensure that those under their legal age for accessing pornography (often 18 or 21) cannot easily access it. Various measures have been tried but with varying success. Within the United States, most websites have taken voluntary steps to ensure that visitors to their sites are not underage, although there is no federal law demanding such a policy. Many Web sites provide a warning upon entry, warning minors and those not interested in viewing porn not to view the site, and requiring one to affirm that one is at least 18 and wishing to view pornographic content. Such warnings are at times used with other techniques, specifically on commercial and premium streaming sites. Commercial pornography websites generally restrict access to any pornographic content until a membership has been purchased using a credit card. This serves as both a way to collect payment and an age verification method since credit cards are usually not issued to minors. Age verification services have also appeared offering access to any Web site that participates in their program without additional charge. The users need only verify their age with the verification service, which then issues a username and password that can access all sites that use its services. Most age verification sites charge either a monthly or yearly fee to those wanting access to participating sites.
Within nations that allow at least some types of pornography, models are often required to be at least a specific age (18 is most common). Various nations have various rules as to how a site must ensure that all porn models featured on it are of age such as strict record-keeping laws.
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