Should Pornography be banned?

University Degree Law

Should pornography be banned?

The debate over pornography is one of much international deliberation. Almost everybody has an opinion on the matter, and reaching a global agreement is impossible. The concept of a ban on pornography is one which carries with it multiple issues, all of which will be considered. It is somewhat ineffective debating over a topic when the word alone brings confusion. Therefore, the essay begin by discussing what pornography constitutes, followed by its various impacts on society using John Stuart Mill’s ‘Harm Principle’. The assignment will then consider how attitudes and laws on pornography have developed through time and acknowledge how they differ between countries. The essay shall subsequently examine the current law on pornography and discuss whether a further ban is reasonable, necessary and practical and the consequences it may bring.

Pornography is notoriously difficult to define and its multiple definitions have lead to some confusion. George Ryley Scott suggested that whether a book or picture dealing with a sexual theme was pornographic or not depended upon the mind of the reader or observer. The Oxford English Dictionary defines pornography as “the explicit description or exhibition of sexual activity in literature, films, etc., intended to stimulate erotic rather than aesthetic or emotional feelings.” However the most recent definition of pornography in the English Legal System can be found in the Criminal Justice and Immigration Act 2008, which came into force in January of this year. The Act states that “an image is ‘pornographic’ if it is of such a nature that it must reasonably be assumed to have been produced solely or principally for the purpose of sexual arousal”. Effectively there are three different types of pornography which can be legally defined. These include child pornography, hardcore pornography and soft-core pornography, which is otherwise known as “mainstream pornography”.

For the purposes of the essay, soft core pornography will be focussed on, due to the fact that child and hard core pornography are essentially banned in England and Wales. There is clearly no shortage of anti-pornography activists, and their opinion dominates the debate as to whether pornography harms society. The “harm principle” established by John Stuart Mill, discusses when the state should be justified in restricting a ban. “The only principle for which power can be rightfully exercised over any member of a civilised community, against his will, is to prevent harm to others”. It’s meaning here is self explanatory. However, it is important to note the condition Mill attaches; the principle should apply “only to human beings in the maturity of their faculties”. This suggests that young children have the right to be protected from the exposure of pornography. Unfortunately, the current law in England and Wales does not wholly accommodate such a belief. Although pornography can take many forms, its main source, is undoubtedly, the internet. That fact that the average age of first Internet exposure to pornography is 11 years old, is quite disturbing; most members of society would agree that exposure at such a young age could harm a child. According to statistics, nine out of ten children between the ages of eight to sixteen have come across pornography online either intentionally or unintentionally. This observation suggests that children are led to believe it to be some kind of social norm, encouraging them to accept the trade. The mere fact that internet pornography has not yet been rejected by the law does not condone it.

Although the Williams Report supports the harm condition, Ronald Dworkin holds that “the harm condition in itself is no help in considering the problem of pornography,” owing to the fact that the condition recommends an attitude much too strong to be accepted. However its application can still be justified if “harm” is limited to a serious harm to an individual through the psychological, physical and economic dimensions. The harms that pornography traditionally encompasses, from an anti-pornography feminist perspective, are the harms of those exploited during the production and the harms to women as result of its consumption. The harm resulting from those involved in the production processes is best illustrated in the book called Ordeal, where the leading role reveals how she was kept hostage, beaten and hypnotized for the purposes of her performance. Furthermore, the view has been held that those who choose to participate in the making of pornography may not be genuinely free, as for many women who perform often come from under privileged backgrounds and who have few alternatives options for making a living, therefore the industry may take advantage of these women, using their vulnerability to reap enormous profits.

One of the leading feminists, Catherine Mackinnon puts the point graphically, “pornography is a public institution of sexual slavery, trafficking in vulnerable women and children and profiting from their suffering and subjectation”. However, some participants, such as Monique Alexander, have publically rejected this idea and hold that ultimately they have the right to choose. They feel the perspective of Mackinnon is offensively patronising, implying that pornography is not a worthwhile career. The academic writer on the subject, Susan Easton, holds that the role of pornography may play in restricting women’s autonomy, by reproducing and reinforcing a dominant public opinion of the ...

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One of the leading feminists, Catherine Mackinnon puts the point graphically, “pornography is a public institution of sexual slavery, trafficking in vulnerable women and children and profiting from their suffering and subjectation”. However, some participants, such as Monique Alexander, have publically rejected this idea and hold that ultimately they have the right to choose. They feel the perspective of Mackinnon is offensively patronising, implying that pornography is not a worthwhile career. The academic writer on the subject, Susan Easton, holds that the role of pornography may play in restricting women’s autonomy, by reproducing and reinforcing a dominant public opinion of the nature of women.

It cannot be denied that pornography is, essentially, a fantasy world which bears little resemblance on reality. This provides the foundation for unrealistic expectations about sex and relationships, especially amongst the young and impressionable. Through logic alone, this would suggestively lead to a negative impact on their adult life, as relationships would fail on the basis of dissatisfaction. Mackinnon clearly agrees, stating that, Pornography “institutionalizes the sexuality of the male supremacy ... men treat women as who they see women as being. Pornography constructs who that is.” Pornography creates a social climate by which, even where women do speak, their opinions are frequently pays little serious attention. Thus women who do not report sexual crimes are often disbelieved, ignored ridicules or dismissed as neurotic. Women are “stripped of authority and reduced and devalidated and silenced.” Although some liberals accept the idea that pornography may contribute somewhat to this perception, the harm is not sufficiently great to justify interfering with pornographers’ freedom of speech. Therefore, a conflict has been created, concerning, the freedom of expression on part of the pornographers, and the right to an equal social status, consequently, the problem is surrounded by which issue should take precedence.

Pornography is thought to act as an appropriate outlet for men to fulfil their sexual fantasies through its consumption, thus reducing crime. However Liberal defenders of pornography hold that there is no evidence to link pornography to sexual offences, Ronald Dworkin, for example, writes "…in spite of MacKinnon's fervent declarations, no reputable study has concluded that pornography is a significant cause of sexual crime: many of them conclude, on the contrary, that the causes of violent personality lie mainly in childhood, before exposure to pornography can have had any effect, and that desire for pornography is a symptom rather than a cause of deviance"

Critics, such as Susan Easton have consistently held that the consumption of pornography could lead to sexual offences such as rape, through making those who are already inclined to rape go on to do so, thus increasing the rates. The Williams Report somewhat supports this idea, stating that, “What people do is more affected by their existing habits than by exposure to pornography” Nevertheless, The Meese report acknowledges a correlation, suggesting that non-violent but degrading pornographic material could create results "similar to, although not as extensive as that involved with violent material.” However, both reports date back to the early 1980’s and I have reason to believe that these findings do not wholly represent reality in our modern world. The correlation between pornography and sexual violence seems to have been grossly underestimated.

The negative effects of pornography can be seen today through Andrea Dworkin’s Life and Death, as to how “soldiers in the Serbian rape/death camps produce their own pornographic films by torturing and raping women for the camera”. The link here between pornography and the soldiers’ actions is quite apparent, suggesting that pornography promotes sexual violence. It seems logical that had pornography not been so widely available similar circumstances would rarely occur. In the book, Dworkin goes against of pornography as "free speech", but rather, a degrading and shameful, "woman-hating atrocity.” The effects of pornography should not therefore, be undermined by the concept of free speech alone. Mackinnon furthers the argument stating that certain pornography directly causes sexual assaults. The rapist would not have raped in the particular way he did, had he not consumed the specific piece of pornography on which he modelled the rape. However, it must be noted that this concept only applies to the social minority. The utilitarian question must be raised as to whether the majority should forfeit their ability to consume pornography responsibly in order to prevent the minority acting irresponsibly.

Despite the efforts of anti-pornography feminists, many traditional liberal defenders of pornography remain unconvinced, denying that this harm is sufficiently great to offset the dangers inherent in censorship. The fact that pornography can be deemed harmful is clear, whether it be for the economic society or the individual psychological effects. Having established the harms of pornography, it must be discussed whether these harms justifies an international ban. Laws have already been internationally adopted in England and Wales to control the provision of certain kinds of pornography. Due to the confusion regarding its definition, the law has often been criticised for being ‘a mess’.Although the Williams Report states that “it is the business of the law to protect society” it then goes on to contradict itself slightly by suggesting that damage to human development might be greater if all pornography were banned, as it makes the process of development less a matter of ration and “deliberate choice”.

Voltaire famously stated “I disapprove of what you say, but I will defend to the death your right to say it” The quote encompasses the basis of the argument against anti-pornography legislation. The liberal, Ronald Dworkin, is well known for rejecting MacKinnon's ideal of the rights-based arguments for anti-pornography legislation. He argues that support for anti-pornography legislation on the grounds that pornography subordinates women rests on the “frightening principle that considerations of equality require that some people not be free to express their tastes or convictions or preferences anywhere." Adopting such an idea would have "devastating consequences”; it could outlaw performances of The Merchant of Venice. It could also lead to unjust cases where the intervention of limits the scope of art and education. For example, in 1998, the was involved in a controversy when a book by Mapplethorpe was confiscated.

However, the feminists hold a very persuasive argument which is of great significance to many female members of society. Both women sought to find civil remedies which would allow the women harmed as result of its consumption involved in its production to collect the relevant damages. Conservatives argue that pornography should be banned on the grounds that it has a negative effect on society holding that “sexual promiscuity, abnormal sexual performances and other attitudes” endangers traditional family and religious establishments. Therefore the proper response would be to prohibit it completely, regardless of whether it is consumed in private by consenting adults, in order to protect the interests of the public.

Although there are some dangers of censorship, the practical costs of an outright ban, such as its regulation, must be considered. The initial harm of pornography, in my opinion, does not outweigh the risk involved in censoring the material. The fact that formulating a definition alone will cause much confusion and may lead to wrongful convictions. Furthermore, a band runs the risk of banning popular material, including vulnerable literature and art. Censoring pornography may place us on a dangerous slippery slope to further censorship of other material. However, a ban may not bear such potential effects in the more sexually conservative nations, making little difference due to existing laws. For example, in Saudi Arabia the production and distribution of all mainstream pornography has already been prohibited through the law. Legislation in Iran has even extended the concept of a ban, passing a bill in 2007 approving the execution for those convicted of producing obscene films.

The current legislation on child and extreme pornography is wholly justified. Few will agree that it should play a role in our society. Therefore, its current abolition shouldn’t, ideally, affect anybody. Although the soft- core pornography industry may not be wholly moral, it is clearly successful, exceeding a revenue of approximately 57 billion Dollars annually. A complete ban its production and consequent consumption could lead to negative consequences on society, and cause political uproar. Perhaps the most obvious solution is not to ban pornography completely, but to strictly regulate it, to ensure those under 18 have no access. This protects those unable to make an informed decision whilst defending the rights of those who can. Another possible remedy is the implementation of a Value Added Tax on the consumption of pornographic material. This simultaneously, improves economic prospects alongside protecting those grossly underage. There are clearly a vast number of different remedies, ranging from those that protect the rights of women to those protecting freedom of expression. Reaching a unanimous decision may never be achieved. However, a ban on all pornography seems unrealistic and despite the arguments of feminism, entirely unreasonable.

Bibliography

Books

LOVELACE, L and MCGRADY, M. Ordeal. 2006. Kensington Pub Corporation. London, pp 156-200

STROSSEN, N. 2000 Defending Pornography: Free Speech, Sex and the Fight for Women’s Rights. New York University Press. New York.

DWORKIN, J. 1993. Life’s Dominion: An Argument about Abortion, Euthanasia and Individual Freedom. Knopf, University of Michigan Press

DWORKIN, A.1997 Life and Death. Free Press. New York.

MACKINNON, C. 1987. Feminism Unmodified. The discourse of Life and Law. Harvard University Press

EASTON, S. 1994. The Problem of Pornography. Routeledge, London.

MEESE, E. 1986. Attorney General’s Commission n Pornography

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DWORKIN, R. Women and Pornography The New York Review of Books, pp 15-21

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