B Explanatory memorandum
by Mr Frank Heinrich, rapporteur
1 Introduction
1. Pornography is a multifaceted
phenomenon with strong human rights implications in relation, among other
things, to freedom of expression, the right to respect for private
life, gender equality, violence against women, human trafficking,
sexual exploitation, and child welfare and protection.
2. In this report I focus first and foremost on the impact of
pornography on women regarding their rights, their dignity and their
place in society. From the early phases of the preparation, research
seemed to confirm the underlying idea of the motion at the origin
of this report: pornography contributes to shaping people’s views on
sexuality and on women, which in turn has an impact on perceptions
of the role of women and men in families, in personal relationships
and in society. I have also investigated the possible link between pornography
and trafficking in human beings, which is widely known to affect
women and girls disproportionately severely. A report entitled “For
an assessment of the means and provisions to combat children's exposure
to pornographic content”, is currently being prepared by Mr Dimitri
Houbron (France, ALDE) for the Committee on Social Affairs, Health
and Sustainable Development. The scopes of both reports partly overlap,
but the main focus and goals of my work remain distinct. The preparation
of this report was based on desk research, consultation of independent
experts and a hearing with the participation of two guest speakers
held on 15 March 2021. Fellow members of the Committee on Equality
and Non-Discrimination also provided valuable contributions, both
by sharing their views at committee meetings and by submitting written contributions.
Some of them highlighted the potential harmful effects of pornography
on women’s dignity and freedom, and the need to be vigilant and
to prevent excessive exposure to it. Other members drew my attention to
the need to respect personal freedom in the area of sexuality, as
well as freedom of expression.
3. I am grateful to all the members who shared information and
their views on this matter, which I endeavoured to reflect in this
document.
2 Pornography – economic factors
4. Today, a Google search on the
word “porn” generates almost 500 million results, a large share
of which are websites offering pornographic content, in many cases
free of charge and often organised in “categories” depending on
the gender, age, ethnicity of the performers, and of the type of
practices presented.
5. In her 2016 book “The pornography industry (what everyone
needs to know)”
Note, feminist writer
Shira Tarrant highlights that while pornography as a phenomenon
has existed for centuries, the pornography industry as we know it
today is relatively recent. Regarding relevant regulations, she
states that production and distribution of legal pornography is
intended to be transparent, but this is often not the case, and
although companies and organisations are well known, “the financial
side of the business is often shrouded by secrecy, misinformation,
and even piracy”.
6. When discussing this industry, a distinction is often made
between mainstream and independent porn. The difference between
the two is mainly based on two elements, namely the nature of the
content and the way it is made and distributed. Mainstream pornography
is produced and distributed by large companies. Its content is mostly
heterosexual and, according to author Jaclyn Friedman, “centers
on male pleasure and sexual satisfaction, and generally relegates
women to the role of pleasure providers”. Feature films (with scripts,
plot lines, elaborate costumes, soundtracks and set design), Gonzo
porn (lacking a plot and costumes – often there are no clothes at
all – and based on the idea of erasing the separation between performers
and viewers) and unscripted porn (in which performers receive little
or no guidance from the director) may all be seen as part of mainstream
porn. Independent porn is produced by a variety of smaller companies
and often features non-cisgender and non-heterosexual performers.
Production modes are generally different and sometimes innovative:
Make Love Not Porn, for instance, bases its business model on involving
ordinary people who upload videos of themselves having sex. Profits
are then shared equally between the company and those starring.
7. Porn production today is fragmented due to technological development,
since “anyone with a cellphone can now make and distribute porn
and thereby control the means of production”.
NoteAnd
yet, an overwhelming proportion of this industry is controlled by
a single company, namely MindGeek. Formerly known as Manwin, then
Mansef, “MindGeek is a porn provider. Or more accurately, “the porn
provider”, as David Auerbach writes on Slate. “MindGeek has become
the porn monopoly […]. The MindGeek hydra exerts so much force that people
in the online-porn industry are scared to talk about it for fear
of blacklisting”. Established through a series of mergers and acquisitions
operated until 2013 by German businessman Fabian Thylmann, who then left
the company, Mindgeek is a group that owns a large number of porn
aggregator tube sites including Pornhub, YouPorn, and Redtube, which
make porn available free of charge and are funded by advertising.
8. Mindgeek is the “undisputed emperor of online adult entertainment”
Noteand
its figures are impressive: its flagship website Pornhub averaged
81 million visitors per day in 2017, or 28.5 billion visitors for
the year), with 24.7 billion searches performed. Its global community
of users uploaded over four million videos in the same period of
time, totalling 595 492 hours.
9. The size and the market share of MindGeek make it problematic
from the angle of competition, and its complex structure (formally
based in Luxembourg, it actually operates from Canada through a
number of subsidiaries scattered all over the world) is viewed by
some as a way of avoiding corporate tax.
NoteIn
addition, the large amount of personal data collected and processed
by this group is a reason for concern.
10. On another note, but also related to large companies and pornography
I would like to mention that a sensitive debate is on-going on the
possibility of Internet providers playing a role in the fight on
online child sexual exploitation and abuse. These companies have
created automated systems to detect such material when exchanged
between users, but the European Electronic Communications Code,
entered into force in December 2018, has put webmail, messaging
services and internet telephony under the scope of the EU e-privacy
Directive, and therefore out of the reach of the automated detection
systems. Subsequently, the European Union has developed an Interim
Regulation on the processing of personal and other data for the purpose
of combatting child sexual abuse providing for a temporary derogation
to the European Electronic Communications Code which would allow
online communication services to continue their voluntary activities in
the detection of child sexual exploitation and abuse online. This
situation raises some challenges in relation with human rights,
in particular the need to strike a balance between the right of
the child to be protected from online sexual exploitation and abuse,
and the public’s right to privacy. At the request of the Lanzarote Committee,
a group of experts has been set up by the Council of Europe and
has presented a series of recommendations in June 2021. The situation
is still evolving at European Union level. Mr Houbron, rapporteur for
the Committee on Social Affairs, Health and Sustainable Development,
is following the developments closely.
3 Young
people and pornography: usage and impact
3.1 Usage
11. Research shows that approximately
66% of men and 41% of women consume pornography on a monthly basis
Note. The Internet is the most popular medium
used. Pornhub, one of the most frequented pornographic websites,
indicates that in 2019 the proportion of female viewers was 32%
worldwide, while men represented 68%. The tendency is similar in
Europe. The proportion of female visitors ranges from 25% in Germany
to 35% in Poland and Sweden and, conversely, male viewers range
from 75% in Germany to 65% in Poland and Sweden. Pornhub’s data
also indicate that women are increasingly watching pornography.
Note
12. While attitudes and practices vary across countries, some
general tendencies are constant. Porn sites have more monthly visitors
than Netflix, Amazon and Twitter combined
Noteand an estimated
50% of all Internet traffic is related to sex.
Note These
percentages illustrate that pornography does not concern a minority
of the population but is rather a mass phenomenon that influences
our society.
13. Regarding young people specifically, the Internet has provided
opportunities for them to access and generate information without
the mediation of adults and has exposed them to material that was
previously subject to greater control and regulation when confined
to printed and other formats.
Note The Internet has made pornography increasingly
accessible, affordable and anonymous.
Note
14. Research illustrates that by the age of 15, a majority of
young people have already been exposed to pornographic content,
whether intentionally or not. Unintentional viewing of pornography
may happen through a number of different ways such as pop-ups, misleadingly
named websites or advertising on illegal streaming sites.
15. According to some studies, up to 93% of boys and 62% of girls
aged 18 years old were exposed to online pornography during adolescence.
Boys are more likely to be exposed at an earlier age, to see more
images, to see more extreme images such as rape or child pornography,
and to view pornography more often, while girls reported more involuntary
exposure.
16. At the hearing held on 15 March 2021, Professor Klaus Beier,
Director of the Institute of Sexology and Sexual medicine of the
Charité Hospital of Berlin, highlighted that the impact of pornography
should not be underestimated. He explained that a large proportion
of children are exposed to pornography, including of “deviant” and
violent types, which showed that existing age restrictions to access
are not effectively enforced. Interestingly, he added that therapy
can help those who are harmed by pornography and could easily be
made available on Internet.
3.2 Impact
17. As a consequence of such exposure,
pornography has increasingly become one of the main sources of information
on sex and sexuality for young people. Studies in Europe and the
United States show that pornography largely contributes to defining
young people’s ideas about sexuality and personal relationships, which
over time inevitably has an impact on the general population. “It
is clear that young people have access to a much less moderated
world than previously existed”, reads a 2014 report published by
British think-tank Institute for Public Policy Research:
Note “It no longer
makes sense to separate online and offline activities – digital activity
is an integral part of young people’s relationships”. This applies
in part to viewers of other age groups and is a reason for concern:
pornography is produced for mere profit and cannot replace reliable,
unbiased, scientific sources and sex education.
18. Recent studies have analysed the impact of pornography on
young people’s behaviour and attitudes, highlighting mostly its
negative effects regarding gender equality. As teenage years are
a time for young people to develop an image of themselves and to
discover their sexuality, this impact can be deep and lifelong.
19. Emotional and psychological consequences vary depending on
the age, gender and conditions of first exposure to sexually explicit
materials. If the first contact occurs accidentally or was provided
by others (“unwanted exposure”) the emotional consequences for the
viewer tend to be more negative for them to shape their identity
and, especially for girls, one of disgust.
Note
20. The impact of pornographic material on young people’s mindsets
is deeper when it features teenagers, as it is more likely to be
watched by adolescents and young adults. Such videos often depict
scenarios that are closer and more relevant to adolescents’ lives,
such as “first-time” sexual experiences or sexual interaction in classrooms
or fraternity houses.
Note As
performers are approximately the same age as teenage viewers, some studies
have demonstrated that young people are likely to model their sexual
behaviour and interaction on those seen in videos or to consider
performers as potential romantic partners (or to expect actual partners
to behave like pornography performers). A study showed that only
half as many young men (21%) as young women (40%) strongly agree
that “pornography leads to unrealistic attitudes to sex”.
Note The
higher the rates of consumption, the more likely users will be to
attest positive outcomes from porn and educational value. Nevertheless,
it would seem evident that higher consumption rates lead to a higher
influence on the user.
Note
21. Various studies have shown that boys may view pornography
in a more positive light, claiming it to be an educational tool,
while girls often see it as unappealing and socially distasteful.
Note A
survey of 500 18-years-olds highlighted that more young men (45%)
than young women (29%) agree that pornography helps young people
learn about sex.
Note The
idea that pornography may be perceived as a reliable source of information should
be challenged. Comprehensive sexuality education in school should
be the main tool to provide accurate information on sexuality and
relationships, conveying among other things positive messages on respect
and consent that help to prevent gender-based violence, sexism,
misogyny and other forms of gender inequality.
3.3 Pornography
and violence against women and girls
22. Some experts have argued that
pornography is particularly damaging for young people’s attitudes
and behaviour since its content is “sexist and hostile towards women”.
Note Multiple
surveys suggest that exposure to pornography is associated with
attitudes supporting violence against women, sexual harassment,
and sexual coercion.
Note Negative
gender attitudes among boys overlap with regular use of online pornography,
leading some researchers to say that pornography is both underpinned
by and perpetuates gender inequality.
23. The use of sexually explicit media has been shown to be significantly
related to the perpetration of sexual harassment by young men and
of less progressive attitudes among young women. The connection
between sexual violence and porn is controversial in society and
media, but is well documented in science from different perspectives.
Furthermore, a recent study
Note indicates
that the frequent use of pornographic materials is associated with
sexually coercive behaviour in Swedish and Italian young men. The
correlation between dating violence and the use of violent pornography
is well documented.
Note This
overall connection has been supported in other studies as well.
NoteNote.
24. While my report does not focus on combating children’s exposure
to pornography (as previously mentioned, a report on that is currently
being prepared for the Committee on Social Affairs, Health and Sustainable
Development by Mr Dimitry Houbron), I would like to highlight the
possible impact of viewing pornographic material on young people’s
mindsets. While the correlation of porn use and sexual violence
is not simple, porn use is regarded as one risk factor amongst others.
Note Users
of violent and, according to some studies also non-violent, pornography
Note are more likely to support rape
myths and feel less empathic with victims of sexual violence.
Note Watching porn frequently,
is one important risk factor for sexual offenses, which can be traced
back in the lives of convicted perpetrators.
Note Amongst
high rate consumers of porn, sexual aggression is much more likely
to occur.
Note
25. Finally, German studies provide evidence that adolescent porn
use increases the development of intrapsychic sexual scripts, which
contain ambiguous communication (“No means yes”) or sexual aggression. Both
erotic scripts are well known risk factors for both victimisation
and offenses.
Note These findings are supported by studies
regarding the connection of sexual dating violence and sexually
explicit media exposure: excessive porn use contributes to victimisation,
perpetration and bystander non-intervention.
Note We
know from the data that the prevalence of sexual dating victimisation
is higher for girls than for boys, and is also higher for sexual
and gender minorities than for their heterosexual counterparts.
Note
26. Viewers of pornographic materials, particularly young ones,
may internalise the sexual scripts they view, which in turn may
influence their sexual fantasies and behaviours and shape new sexual
norms. Thus, pornography featuring teenage performers having sexual
interaction with older men may also be problematic because of its
potential to contribute to seeing minors as legitimate targets for
sexual encounters and sexual aggression. The sexualisation of very
young women and girls may convey that these practices are not only acceptable
but in fact, may also be normative and desirable. The Assembly has
taken a stance against these phenomena in
Resolution 2119 (2016) and
Recommendation
2092 (2016) “Fighting the over-sexualisation of children”.
Note
3.4 The
impact of pornography on young people’s relationships and sexuality
27. Most scholars conceptualise
sexuality as a multi-dimensional aspect of personality, which is
influenced by biology, sexual and nonsexual experiences, current
relations, upbringing and culture. Most researchers attest to pornography’s
significant influence in shaping a person’s sexuality.
Note Some of those documented influences are
worth considering: users of sexually explicit media are more likely
to experience unprotected sexual intercourse and engage in other
risky behaviours.
Note
28. Some experts theorise a gender difference in erotic plasticity
Noteand
sexual fluidity
Note. Erotic plasticity means the malleability
of a person’s sexuality. There are some hints that female sexuality
is more influenced by culture, experiences and relationships than
that of men. While these concepts have not been extensively explored
by human sciences, I considered them to be interesting and worth
further research.
29. If adults use pornography as a source of pleasure and an inspiration
for their personal experiences, this should be considered an expression
of sexual self-determination, even if it puts their sexual health
in danger. When it comes to minors, regulatory bodies have the duty
to protect immature persons, as they are unable to give consent.
30. One of the best documented outcomes of porn use is its negative
association with sexual satisfaction. Porn users tend to be less
satisfied with their own sexuality, with their partners’ sexual
performance and with their own or their intimate partners’ attractiveness.
This connection has been documented in several studies.
Note This happens
when porn is viewed often and has a greater effect on men.
Note There could be a connection between
the increase of porn use and the growing number of cases of erectile
dysfunction amongst men under the age of 30
Note and
the demand for non-medical aesthetic genital surgery, especially
the growing number of labiaplasty amongst women and even girls of
a very young age.
Note
31. Porn use is associated with several attitudes which are described
as
instrumental sex (“Sex as a source of pleasure”)
and sex detached from any relational background.
Note This
well documented phenomenon contradicts the values and aims in life,
which are stated by most boys and girls: having a faithful relationship and
a stable family.
Note
32. Sadly, sexually explicit media scripting does not only shape
sexuality. Different studies with very different and valid exploration
designs have documented differences in the levels of empathy in
communication. For example, men who watch more porn on their own
speak less affectionately with their female partners in experimental
conditions, are less committed to their partners and state infidelity
more often.
Note
33. A link between frequent use of pornography or watching violent
pornographic content and sexually aggressive attitudes among teenage
boys was identified and later confirmed by an Italian survey of
14-19- year-olds, which illustrated that young people who used pornography
were likely to establish relationships with their peers characterised
by greater tolerance towards unwanted sexual behaviour.
34. Mainstream pornography depicts violence on a regular basis:
in a study on 50 best-selling porn films, 88% of the scenes showed
physical aggression and 49% showed verbal aggression. The victims
of these aggressions are in most cases female performers (94%) who
respond neutrally or express pleasure towards these forms of aggression
(95%).
Note Some
articles analysing popular pornographic videos on the internet found that
young performers appeared to enjoy aggressive acts much more than
older ones. This is likely to influence the young public’s attitudes
about the acceptability or desirability of aggression in sexual
and romantic relationships. Such attitudes have been shown to be
associated with actual dating and sexual violence among teenagers
and young adults.
Note
35. The recurrent association of pleasure with sexual aggression
in pornographic videos where performers are young adults may also
lead to negative psychological effects for both women and men. When
young women watch videos of their peers, in which aggressive and
degrading acts are mostly associated with pleasure, they may feel
pressured to also enjoy (or pretend to enjoy) such acts. Young men
may also find such scripts limiting and distressing as these seem
to demand that they act aggressively against their romantic and sexual
partners if they wish to satisfy their partners’ sexual fantasies.
3.5 Pornography
and sexual objectification of women
36. Sexual objectification of women
may be defined as “the reduction of women to their sexual appeal
in terms of their outer appearance and a focus on their body (parts)”.
It also entails a strong concern with women’s sexual activities
as the main criterion of their attractiveness and the depiction
of women as sexual playthings waiting to please men’s sexual desires”.
Note This
process is widely observed in the media and very noticeable in advertising.
It is particularly acute in pornography as it constitutes a crucial
element of its content.
37. Research
Note has
found that the exposure to sexually explicit content on the internet
is significantly related to the notion of women as sexual objects.
This pattern applies to both boys and girls with as many as 18%
of young men and 37% of young women strongly agreeing that pornography
encourages society to view women as sex objects. It was also observed
that adolescents who believe that women are sex objects feel especially attracted
to pornographic material and may thus turn frequently to this content.
3.6 Same-sex
pornography
38. While same-sex pornography
is considered by some
Note as a tool of liberation and
emancipation of gay sexuality,
Note long
considered obscene and deviant,
Note it
is not exempt from criticism.
39. Gay (male) pornography has been criticised for conveying ethnic
stereotypes: Asian men are often seen as having "low libido"
Note, while Black and Latino men
are presented as hypersexualised. In addition, Black and Arab men
usually play stereotypical or even stigmatising roles
Note such
as rappers, thugs, etc. The other criticism is that pornography
contributes to the anxiety of homosexual men as regards socialising
and physical appearance.
Note Indeed,
physical appearance plays a very important role in the gay community
and the image generally conveyed by this type pornography is that
of the young, fit and muscular man.
40. Regarding lesbian pornography, a predominant criticism is
that it is seen as borrowing from heterosexual patterns. Penetration
remains predominant in lesbian pornography, which therefore lacks
authenticity and is not indicative of lesbian sexuality. Lesbian
pornography appears to be mostly made by men and aimed at a heterosexual
male audience
Note. The image of lesbian women conveyed by
mainstream pornography is that of women fulfilling fantasies for
men.
3.7 Pornography
use and behavioural addiction
41. A German study
Note showed that the intense consumption
of pornography could negatively affect the brain and that excessive
consumption of pornography presents similarities with behavioural
addiction to substances or gambling.
42. The frequent use of pornography can lead to potential excitatory
habituation with desensitisation to less explicit sexual content.
Thus, there may be a greater need for the external stimulation of
the reward system leading to a tendency to search for novel and
more extreme sexual material in order to experience pleasure.
Note
4 Is
there a link between pornography and trafficking in human beings?
43. Expert studies and research
have established a close link between prostitution and trafficking
in human beings. The United Nations Office on Drugs and Crime (UNODC)
Global Report on Trafficking in Persons 2016 shows that 79 % of
all detected victims of trafficking are women and children (although
this share is gradually decreasing) and that sexual exploitation
and forced labour are the most prominent types of trafficking. A
2017 report prepared jointly by the International Labour Organization
(ILO), the Walk Free Foundation and the International Organization
for Migration (IOM)
Note estimated
that women and girls were disproportionately affected by modern
slavery, accounting for almost 29 million, or 71 % of the overall
total, and that they represented 99 % of the victims of forced labour
in the commercial sex industry.
44. The Assembly
Resolution
1983 (2014) “Prostitution, trafficking and modern slavery in Europe”,
also highlighted that the largest proportion of victims were trafficked
for purposes of sexual exploitation, especially prostitution. This
is further confirmed by the case law of the European Court of Human
Rights. Several judgments in this regard apply Article 4 (prohibition
of slavery and forced labour) to cases of victims of trafficking
that have been forced to prostitution.
45. While pornography and prostitution are conceptually different,
they are both part of the sex industry and it is important to establish
whether a link can also be found between pornography and trafficking.
As the largest share of victims are trafficked for purposes of sexual
exploitation, the crucial question is whether some of them are forced
to work in the pornography industry. It is also worth investigating
whether any economic actor is simultaneously involved in these two
parts of the sex industry. Some observers even suggest that there
is a link with the production side. Cases of porn stars who are
paid to interact directly with their viewers are reported by some
popular media.
Note They should, however, be substantiated
by more reliable sources.
46. On 4 May 2020, I participated in a webinar on “Cross-Linkages
between Human Trafficking and Pornography: Myth or Reality?” organised
by the OSCE Office for Democratic Institutions and Human Rights (ODIHR).
The panel included highly qualified speakers such as Per-Anders
Sunesson, Swedish Ambassador at Large for Combating Trafficking
in Persons; Anastasiya Dzyakava, Adviser on child safety online
at the office of the Vice-Prime-Minister of Ukraine; Shandra Woworuntu,
trafficking survivor and survivor leader; Chris Smith, member of
the United States Congress and Special Representative on Human Trafficking
Issues of the Parliamentary Assembly of the OSCE; and Kevin Hyland,
former United Kingdom Independent Anti-Slavery Commissioner and
currently member of the Council of Europe’s Group of Experts on
Action against Trafficking in Human Beings (GRETA).
47. Ambassador Sunesson expressed his strong belief that a link
between pornography and trafficking indeed exists and it manifests
itself in various ways. He considered pornography dangerous on many
levels, as it was increasingly based on violent contents, was addictive
for its users and led to an increased demand for prostitution. This
is supported by empirical evidence.
Note Despite claims from people
involved in prostitution that they did so willingly, this was not
the case for everyone. Ambassador Sunesson considered that the interconnection
between pornography and trafficking in human beings was not mentioned
often enough and needed to be further investigated and exposed.
He recommended preventive work, awareness-raising on the risks of
pornography, and action to reduce demand. On the other hand, he
was adamant that policies against trafficking needed to be respectful
of all human rights, on and off-line, including freedom of expression
and the right to privacy. GRETA member Kevin Hyland underlined that
all forms of trafficking of human beings are done for financial
profit and he considered that the link with pornography was economic,
as the two phenomena fed each other and exchanged customers.
48. This debate was a timely cry for help on behalf of victims
of trafficking for the purpose of sexual exploitation, highlighting
that most of them are women and girls but that boys and men may
also be affected. It also attempted to provide an answer to the
question contained in its title.
49. The conclusions drawn at the webinar confirmed the existence
of an interconnection between trafficking in human beings and pornography,
with multiple manifestations: production of pornographic material
both offline and online is part of the sexual exploitation for which
victims are trafficked; pornography generates or increases demand
for trafficking; pornography is used to groom victims of trafficking
and normalise their abuse; pornographic material is produced by
traffickers with the dual objective of controlling victims and continuing
to profit from the trafficking even after the victims have been
physically removed from the traffickers control. Incidents of coerced
participation in pornography are far from rare. Trafficking for
sexual exploitation, including to produce pornography, has become
particularly profitable and widespread over the last years due to
the use of the “dark web”, “cryptocurrency” and encrypted messaging
platforms, which enable traffickers to evade detection by law enforcement
agencies. In connection with this finding, I would like to highlight
that user generated websites and “camsex” allow to monetarise domestic
sexual violence more easily. Several participants, including Kevin
Hyland and Congressman Chris Smith, highlighted that while national
and international law provide regulations to counter trafficking,
actual implementation is insufficient and adequate funding is needed.
5 Alternative
types and possible usage of pornography
5.1 The
question of ethical pornography
50. During the preparation of this
report, several fellow members of the Committee on Equality and
Non-Discrimination expressed the opinion that pornography should
not be viewed merely as a negative phenomenon, as it is part of
the multi-layered reality that is human sexuality and can contribute
to the enjoyment of this sphere of life in ways that are acceptable
and positive. It is also worth noting that pornography is protected
by freedom of expression. While I intend to focus this report on
the problematic aspects of pornography with a view to addressing
them, the task I was given as rapporteur in line with the motion
from which the report stems, I will mention some elements and developments
that some consider positive. So-called ethical pornography is one
of them.
51. Ethical pornography can be defined as pornography “made in
a legal manner, respecting the rights of the “performers”. It is
characterised by good working conditions, it shows both fantasy
and real sex, and it celebrates sexual diversity”.
Note
52. First appearing under the name “feminist pornography”, ethical
pornography began to develop in the United States in the 1980s,
arising from the opposition between so-called “anti-pornography”
Note and “pro-sex”
Note feminists. Anti-pornography
feminists defend the idea that pornography is a form of sexual coercion
and it plays a fundamental role in gender inequality.
Note In contrast,
“pro-porn” feminists argue that the industry is not necessarily
harmful and that it allows, among other things, women to be sexually
liberated. From this perspective, women should take an active part
in the production of pornographic content, in order to get out of the
sexist and phallocentric framework of the mainstream industry.
Note
53. The aim of this type of pornography is therefore to ensure
a healthy production environment for performers. This requires,
in particular, proper remuneration, strict hygiene rules on the
sets, and the portrayal of both male and female pleasure. Particular
attention is paid to consent: the wishes of all individuals involved are
taken into account in the making of the films. Some will defend
an artistic side, in the sense that particular attention is paid
to the script, the dialogues, the plot.
Note One
of the directors adopting this pornographic style, Erika Lust, gives
some key elements to ensure that pornography is ethical,
Note such as making sure that the artists have
all the information about the profession of “performer” and its
implications.
54. As explained by Denis Ramond, a French political science researcher,
these directors, mostly women, defend a set of specifications that
focus on three essential points: production, representation and
reception.
Note As far as production is concerned, it is
the set of ideas developed above and generally speaking they are
aimed at working conditions. Representation pays attention to the
image of women and men that is conveyed. Thus, the priority of these
directors is to move away from the heteronormative, stereotyped,
sexist framework of most mainstream pornography. Different types
of bodies are represented. This is the case, for example, of Emilie Jouvet's
documentary film,
My Body, my Rules,
winner of the 2017 jury prize at the LGBT+ Chéries-Chéris festival,
Note which focuses on bodies that
are often neglected: those of elderly, thin, disabled, black, overweight women,
and so on. Finally, in terms of reception, the aim is to promote
a different view on sexuality and gender. Ultimately the idea is
that if pornography in general has an impact on the relations between
women and men, mostly contributing to establishing male domination,
then the production of a new type of pornography can have a different
impact, and influence the relations between men and women positively,
while promoting equality.
55. Defending such pornography helps to ensure proper treatment
of male and female actors and to promote gender equality. In view
of this, in 2009 the Swedish Film Institute provided funding of
SEK 500 000 for Mia Engberg's work
Dirty
Diaries, consisting of 12 short films.
Note The aim of the Swedish director
was to show sexuality from a woman's point of view, in order to
change pornography made "by and for men". By financing this project,
the Swedish Film Institute wanted to promote a new approach and
representation of women's sexuality.
5.2 Pornography,
education, awareness
56. Pornography contributes to
shaping young people’s views on sexuality, as mentioned earlier.
But if mainstream pornography can be violent and have a negative
impact on their mindsets, as has been shown, it is essential to
educate children in order to prevent the harmful effects of exposure
to such content. In view of the quantity of pornographic videos
on the web, and the difficulty of imposing a legal framework on
distribution platforms, the most appropriate solutions are based
on education and information.
57. In 2012, in order to combat sexual offences against children,
the Icelandic Government (Ministry of the Interior, Ministry of
Education, Science and Culture and Ministry of Social Welfare) set
up a project entitled “Awareness Raising”.
Note Various initiatives were taken within the
framework of this project, one of which was a short film entitled
“Get a Yes” for secondary school students. One of the topics it
dealt with was the harmful effects of pornography. The film was
shown in all Icelandic schools for pupils aged 15-18, as well as
on prime-time television. A guide was also prepared for parents
and teachers to discuss with young people the various topics covered
in the short film.
58. The platform “C’est pas pour moi, c’est pour un ami”
Note("It's
not for me, it's for a friend") also offers information tools on
pornography, but it is aimed directly at the youngest population.
It was created in 2018 by five female students from Brussels. Short
videos (1'27) deal in a playful way with topics related to sexuality
and pornography. The idea is to deconstruct the stereotypes conveyed
by the porn industry, such as the complete hair removal for girls.
On this platform, young people can get information on specific topics,
but they can also send their questions to health professionals via
an online form.
6 Conclusions
59. Pornography is today ubiquitous
and easily accessible, particularly online, and is used by a large proportion
of the population. Moral and legal attitudes about it, however,
vary. This explains the diversity of opinion I observed during the
exchanges with fellow members of the Committee on Equality and Non-Discrimination.
Some emphasised that pornography should be considered as one of
the various elements of sexuality and its expression, and that it
should not be condemned, much less banned. They recommended underlining
the difference between mainstream pornography and other forms of
pornography which are more respectful of the rights of performers
and of its impact on women’s rights, among other things. I have endeavoured
to make this distinction clear in the chapter on “alternative types
of pornography”.
60. On the other hand, in line with my mission as rapporteur (as
defined by the motion from which this report originates), I have
paid more attention to the problematic aspects of pornography, particularly
as concerns the potential harm to people’s mindsets and the risk
that traditional gender stereotypes are perpetuated and even exacerbated
by the message pornography conveys to its users.
61. Based on the research carried out in the preparation of this
report and the findings of the hearing, several reasons arise for
suggesting that the access to pornography, and in particular the
access of minors, be limited, even though this may be viewed by
some as a challenge to the neutrality of the web and of the right
to freedom of expression and information. The balance between a
State’s obligation to protect citizens from harmful activities and
criminal acts on one hand, and the obligation to ensure freedom
of expression and access to information on the other, has, until
now, generally tilted in favour of freedom. The current situation,
however, should be challenged for the sake of transgenerational
ethics and gender equality.
62. At the hearing of 15 March 2021, Professor Clare McGlynn of
the Durham University Law School (United Kingdom) provided an interesting
theoretical justification for regulating access to pornography by
means of legal provisions, including criminal sanctions, in a human
rights perspective. Her theory is that since some forms of pornography
are harmful to women’s human rights, banning them to prevent such
harm must be considered acceptable and not in conflict with other
human rights such as freedom of expression. Violent pornography,
in particular, appears to condone gender-based violence and leads
some women to withdraw from social and public life, thus severely
breaching human rights. On the other hand, Professor McGlynn believes
that limiting the access to pornography is only part of a wider
range of measures that are needed to protect women’s rights and
freedoms.
63. I can only agree with these conclusions, both as regards limitations
in access to pornography insofar as these are required to protect
human rights, and the need to include such limitations in a wider
framework of measures that include education, information, awareness-raising
and protection of victims.
64. In most countries, it is forbidden to produce and distribute
any display of sexual acts presenting minors. Nude or sexual imagery
is used by underage people for arousal or for illegal activities
such as harassment, revenge porn and blackmail. Such material is
also sought after by adult perpetrators of child abuse and sexual exploitation.
The intentional or unintentional diffusion of it causes traumatic
consequences and may literally destroy a young person’s life. Some
victims are publicly shamed, with dramatic effect on their family relationships,
contacts with peers and education achievements. Some sources hint
at cases of both boys and girls attempting suicide as a result.
Evidence also shows that girls are more in danger of being victims
of these forms of cyberbullying
Note compared
to boys.
65. It is therefore crucial to strengthen criminal sanctions for
non-consensual recording and distribution of sexual images and to
raise awareness of the danger of it among potential victims and
perpetrators.
66. Alongside pornography, problematic online content amounting
to pure violence is made widely available by major pornography providers.
This includes gang rape, torture, humiliation, choking, beating
and physical violence, depictions of slavery and forced prostitution,
hate speech, sexual harassment, incest, bestiality and child abuse.
Note
67. In the United Kingdom, the law bans the production of pornography
which shows and glorifies criminal acts – whether real or fictitious.
It is not always easy for experts, site owners or consumers to understand whether
such content was produced consensually. Often victims do not know
that their sexual victimisation has been filmed, and only by chance
become aware of the circulation of the videos.
68. On another note, age verification methods aiming to protect
minors from exposure to pornography have been introduced in the
legislation of countries including France, Germany and the United
Kingdom, either in the framework of protection of minors in the
media or from domestic violence.
69. The impact of pornography on behaviours, health, sexual pleasure,
gender issues, criminality and transgenerational ethics within some
societies should not be neglected. It is important to highlight
such effects and raise awareness among producers, distributors,
legislators, pedagogues, parents, teenagers, and adult consumers.
70. I endeavoured to translate these findings and conclusions
into the measures recommended in the draft resolution attached to
this report. I would like to reiterate my gratitude to the experts
that contributed to its preparation and to fellow members of the
Committee on Equality and Non-Discrimination. I hope that I will
have their support, and that of the Assembly as a whole, in passing
a text that I consider particularly timely and needed.
