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Introduction to Pornography Law and Policy in Indonesia
The document discusses the legal status and societal implications of pornography in Indonesia and globally, detailing the evolution of the pornography industry and variations in laws by country. It highlights Indonesia's strict anti-pornography laws, including the controversial 2006 legislation banning not only pornographic materials but also behaviors deemed sexual in public. Additionally, it addresses the challenges posed by the internet for regulating child pornography and the polarized societal views on pornography's impact.
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Introduction to Pornography Law and Policy in Indonesia
- 2. Pornography Law &Policy in Indonesia Angga Prawadika Aji, S.I.P., M.A. angga.prawadika@fisip.unair.ac.id
- 3. Pornography (often abbreviatedporn) is the portrayal of sexual subject matter for the exclusive purpose of sexual arousal. Pornography may be presented in a variety of media, including books, magazines, postcards, photographs, sculpture, drawing, painting, animation, sound recording, phone calls, writing, film, video, and video games.
- 4. • The termapplies to the depiction of the act rather than the act itself, and so does not include live exhibitions like sex shows and striptease.
- 5. History Statue of InnanaVenus Figurines Hindu Relief Depicting Sexual Act Statue of Satyr from Pompeii
- 6. First movie thatmarked the beginning of porn-chic First pornographic movie. Marked the beginning of Golden Era of Pornography
- 7. Global Pornography Industry CNBChas estimated that pornography was a $13 billion industry in the US, with $3,075 being spent on porn every second and a new porn video being produced every 39 minutes. Data suggests an increase in pornography viewing over the past few decades, and this has been attributed to the growth of Internet pornography since widespread public access to the World Wide Web in the late 1990s. Through the 2010s, many pornographic production companies and top pornographic websites– such as PornHub, RedTube and YouPorn – were acquired by MindGeek, which has been described as "a monopoly"
- 8. Ever-Changing Technology 3D PornograhicMovie Playboy Magz began to feature CG Character, like Triss Merigold from Witcher Series and Rayne from BloodRayne
- 9. Pornography Laws andPolicy • The legal status of pornography varies widely from country to country. • Some countries permits soft pornography to be sold at general stores, while hardcore pornography required stricter regulations • Child pornography is universally illegal although age of consent of every country can greatly varied. Also some countries restrict any form of pornography that include violence, like rape. Green – legal Red – illegal Yellow – legal with various restriction
- 10. Example • In Brazil,pornographic film actors must be 18 or older. Pornography which does not involve bestiality is legal when sold in public places. Depiction of sex with animals is legal.However, magazine and DVD covers that depict genitalia must not be visible to public view. • Pornography is legal in Japan; however, there are restrictions. Pubic hair and genitalia must be pixelated or censored and all participants must be 18 years of age or older.
- 11. In the UnitedStates, pornography is not unlawful at the federal level, but is subject to the Miller test, which was developed in the 1973 case Miller v. California.[The Miller test was an effort to differentiate between pornography and 'obscenity.' It has three parts: • Whether "the average person, applying contemporary community standards", would find that the work, taken as a whole, appeals to the prurient interest, • Whether the work depicts or describes, in a patently offensive way, sexual conduct specifically defined by applicable state law, • Whether the work, taken as a whole, lacks serious literary, artistic, political, or scientific value. The work is considered obscene only if all three conditions are satisfied. Local areas are permitted to develop their own laws on the issue, as long as they do not conflict with federal law.
- 12. In Indonesia forexample, it is forbidden to sell or in possession of any kind of pornographic materials (albeit the definition of ‘pornographic materials’ is blurry). The government also blocked any content with online pornography. In 2006, RUU APP (Rancangan Undang-undang Anti- Pornografi dan Pornoaksi) became one of the most controversial legislation ever formulated in Indonesia.
- 13. the drafts introducedthe concept of pornoaksi, ‘porno-actions’ or ‘pornographic acts’. as well as banning the production, sale and viewing of pornographic material, the bill would ban a vast range of other activities in public places that it deemed would ‘exploit sexuality’. These included ‘showing sensual parts of the body’, ‘erotic dancing or swaying’, being ‘naked in public’, ‘kissing on the lips in public’ and a whole range of other body movements and displays considered to be of a sexual nature.
- 14. Internet Pornography The Internetis an international network and there are currently no international laws regulating pornography; each country deals with Internet pornography differently. Due to enforcement problems in anti-pornography laws over the Internet, countries that prohibit or heavily restrict access to pornography have taken other approaches to limit access by their citizens, such as employing content filters.
- 15. Child Pornography • TheInternet has radically changed how child pornography is reproduced and disseminated. • ICMEC stated that it found in its initial report that only 27 countries had legislation needed to deal with child pornography offenses, while 95 countries did not have any legislation that specifically addressed child pornography, making child pornography a global issue worsened by the inadequacies of domestic legislation. • The NCMEC estimated in 2003 that 20 percent of all pornography traded over the Internet was child pornography, and that since 1997 the number of child pornography images available on the Internet had increased by 1500 percent.
- 16. Documentary movie abouta loving father who turns out to be predatory pedophile.
- 17. Discussion Society is polarizedby two extremes in how it treats pornography. One group considers it harmless fantasy play while the other sees it as the very unraveling of society. Some people, including pornography producer Larry Flint and the writer Salman Rushdie, have argued that pornography is vital to freedom and that a free and civilized society should be judged by its willingness to accept pornography. • What is your opinion about this ? • What kind of pornography regulation you think is suitable for your own country?