What falls under pornographic materials?

By Loreen Neville

JAKARTA (JP): Is a photograph of nude little boys happily jumping and swimming in a lake, child pornography? Women wearing bikinis for a swim or wearing just the lower piece strolling on the beach in Bali, is that pornography? If it is then we must all swim with our clothes on! A couple parading nude in their bedrooms, is that obscene? While taking a shower is my nude body considered shameful and obscene? Nude or seminude statues in cities, is that pornography? The photographs in my medical book depicting the private organs of both men and woman festered with diseases, pornography? Can people with unsound minds running nude on the streets be charged for pornography? What about the numerous times men have been seen with their private parts out urinating on the roads, is that obscene?

What then is pornography? Does it use, degrade and denigrate women? Is it harmful to society? What is the definition of pornography?

Pornography is derived from the Greek word porno, meaning prostitutes, and the word graphs. Academic institutions for "pornography study" adopt its definition to include the depiction of actual sexual contact and of lascivious exhibition. However, by these definitions only, not all pornography meets the legal test for obscenity, nor are all depictions of sexual activity deemed pornographic material. Erotica is not considered pornographic material, however parental guidance is necessary. In matters concerning computer technology, it is now possible to doctor a person's photograph and insert their face onto that of a nude body. There are pictures of Clinton posing nude circulating on the Internet; do you think he actually posed for those shots?

Upon consideration, adult pornographic material is initially presumed to be nonobscene in nature and its requires judicial determination of obscenity before materials can be removed from circulation, requiring procedures for seizure of obscenity. In penal codes, law enforcers usually have standard guidance regarding the definition of obscenity.

There was an interesting case in which we had to study, where the courts dismissed the trial of the defendant, a photographer who had taken nude pictures. The plaintiff, his lover and a transvestite, was later found to have had a motive. His accusations against the defendant were for so-called moral values, but in fact the plaintiff simply hated the sight of women with beautiful bodies. It was deemed the photos were mere nudity and not pornographic.

In legal terms, obscenity must be proven and in which criteria, outside the protection of an amendment, and is declared obscene under most statutes: such as where it would appeal to a prurient interest and lead them into sexual activity or simulated sexual conduct. In which according to an average community member offends contemporary community standards. That it holds no serious threat or that it lacks literary, artistic, political or scientific value. Forced compliance into the making of said materials, inducing minors to perform such acts are criminal acts.

Arguments have been made that pornography has some positive benefits for both men and women, claims that pornography is part of a person's sexuality. Women who enjoy pornography claim that they are offended by attitudes and want it recognized. That it is our real sexual self and those thoughts are not bad. That pornography has entertainment benefits that can improve marital relations. Some argue that the recognition of alternative sex acts and preferences in pornography has liberated them from the prescriptive comprehension of sex and helped them feel more comfortable about their own sexuality. This could be construed as a positive function of pornography.

Both sides of the issue can present valid arguments for and against pornography. It is a subject that has continued to be debated, researched and argued by many organizations and courts. However, ethical considerations of pornography are diverse and offer many philosophical views for and against it. Religious rights groups demand that pornography be banned because it is morally incorrect and corrupts the mind. Pornography and obscenity certainly raise moral questions. No religion on earth would ever condone pornography.

In applying ethics, there are important questions: are pornographic materials morally objectionable or not? Pornography that portrays women as sex objects and playthings, existing for the pure pleasure of men is said to perpetuate the most demeaning stereotype of women. Pornography can encourage prostitution. It also maintains that pornography is a form of propaganda against women, encouraging sexual violence against women. Feminists on the other hand see pornography as degrading to women and contributing to their being seen as objects of desire and control for men, and that certain types of pornography advocate rape in pornographic materials.

Producers and distributors argue that its primary function is to make profit by appealing to the sexual interests and fantasies of men. They state that this is no more immoral than appealing to the sexual fantasies of women by portraying men as sexual objects. A board of censors usually classify videos and film materials in the criteria of X-rated (XR), general patronage (GP) and parental guidance (PG). Being a woman I am not for or against pornography.

I am no saint, but, unless deliberately drugged and with whatever moral senses left and maintained by me in such a state, I would never pose for any pornographic materials.

However, I have a question: Who initiated the recent demonstration, albeit for a good course, against publications for alleged pornography?

Jakarta, now known as a city of demonstrations, is known to have people who are politically motivated behind the scenes. Permadi, a well-known activist and paranormal in Indonesia, once told me that before he was thrown in jail, a group of about 300 people had demonstrated outside his home simply because he had agreed during a meeting that Prophet Mohammed was a good dictator. He said knew that the demonstration was organized by certain quarters. Using students to demonstrate is nothing new.

Therefore, with due respect and in the case of the definition of pornography, in principle the state should define what is and what is not pornography. Respect the rights of consenting adults, the rights of individuals and curb the distribution of pornographic materials proven to harm society.

The writer is publisher of Roving Insight, a magazine based in Jakarta.