What falls under pornographic materials?
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.