Tag Archives: pornography

What is a sexual image?

I frequently encounter complaints that public spaces are being sexualised, filled with “sexual images”, and so on, as if this is a serious problem. My first thought is to wonder why the spaces where mammals like us interact publicly would not contain much sexual imagery, given our interest in sex, being sexually attractive to others, etc., but let that pass. A further thought is to wonder what even counts as a “sexual image”. How erotic or suggestive does an image have to be before we regard it as a “sexual” one?

In Freedom of Religion and the Secular State, I argue that (subject to countervailing values) it is legitimate for the state to regulate the public display of images that cause large proportions of the population high-impact offense. That might apply to hardcore pornographic images, but it applies equally to, say, graphic images of feces, medical procedures, and exit wounds.

Not all high-impact images are sexual and I doubt that all images that most of us would classify as “sexual” are high-impact (in the sense of causing ordinary people shock, psychological disturbance, nausea, and so on). When we’re talking about what images should be regulated in public spaces, you’d think that concepts such as “sexualisation” or just “sexual” would be almost irrelevant. These simply do not provide the test.

But perhaps that depends on what people mean by a “sexual image” – if it means certain kinds of images that are high-impact and which most of us would classify as pornography, then perhaps it’s fair enough to object to such images in public spaces. However, I never see images of that kind on, say, billboards.

Ever since I became sensitised to the issue some years ago, I’ve amused myself now and then by looking for such an image on the billboards, or in shop windows, of large cities that I visit – whether it’s Sydney (just down the road from where I live), New York City, or wherever. I have yet to see an image that meets at least my understanding of pornography. So presumably images of much lower impact (but with some erotic charge) are being objected to.

So, what counts as a “sexual image”? I’m going to offer some images that have undoubted sexual suggestiveness or erotic charge. In each case, I probably would therefore classify them as “sexual”, but that is not a pejorative term. I see nothing terribly wrong with any of these images (some may be kitsch, some may be open to some sort of political criticism for their possible messages, but I don’t think any are sufficiently egregious to keep out of public places).

First, consider this pic of tennis player Rafael Nadal, from a jeans advertisement.

Surely this contains plenty of erotic charge and I don’t need to elaborate on the composition, the way Nadal’s undoubtedly beautiful body is further idealised, or the significance of the jeans that are not quite on. Is this a sexual image?

How about Steve Pearson’s famous “Wings of Love?

This is often regarded as kitsch. Perhaps so, or perhaps that is just snobbery. I’m not so interested in the debate about its aesthetic characteristics, much as that might be interesting. I do want to ask whether it is a sexual image. If not, why not? It has plenty of erotic charge – surely it is, in part, a celebration of the erotic beauty (sometimes) of the human body, and of sexual love. The message is pretty clear, and the nude human figures are themselves erotically charged.

How about this Boris Vallejo image (a tame one by Vallejo’s standards)?

Again, I’m not interested so much in its aesthetics (you may consider it kitsch and unimpressively populist) or its politics (you may find a lurking message there – perhaps valorising some unfortunate view of women or of gender roles). I am not defending the aesthetic or political characteristics of any of these images. I simply want to know whether they count as sexual images or not, because I’m trying to get a handle on what that actually means. Surely this one is a sexual image, if not heading slightly in the direction of pornography? Right? I would not, however, think of it as the sort of high-impact image that it is the concern of the state to regulate under a strict application of the offense principle.

Finally, a bit of high art. Here is Titian’s Venus of Urbino.

I’m no art critic, so I won’t go into the composition or aesthetics of the image, though you are welcome to. My question, yet again, is whether this counts as a sexual image.

I imagine that, with a lot of research, we could find out how the expression “sexual image” has been understood by various censorship boards and similar authorities. But I’d like to see what a general educated audience thinks about the phrase. Do the images above count? And if not, what more would you require? Actual depiction of people having sex? Close ups of human genitals? Less emphasis on aesthetic qualities? Clearly all these images are heavily focused on visions of beauty, however unrealistic or even oppressive to people who think they need to live up to them; they are meant to give aesthetic pleasure, not merely sexual arousal, even if some aim at the latter as well.

Discuss away!

The Ethics of Porn

English: Porn star Cytherea at XRCO Awards in ...

“No porno has ever lost money”, or so said a running friend of mine when he quoted one of his economic professors. This was some years ago and it appears that it is no longer true. Ironically, porn has been a victim of the internet. Much as video killed the radio star, the internet has killed the porn star.

At this point, most folks are probably thinking “that cannot be true! Far from killing porn, the internet is for porn.” This is both true and not true: the internet did kill porn. But the internet is also for porn. Fortunately, this is not some sort of Schrodinger’s Porn in which the porn is neither alive nor dead until it is observed. Rather, the situation can easily be explained without any odd quantum physics.

While I am sure that the readers of this blog have never witnessed this in person, the internet tubes are jammed with porn. Because of this, the traditional porn industry (like the newspaper industry) is in hard times (which is surely the name of a porno). After all, when people can get their porn anonymously and  for free (or at least very cheaply) on the web, they are unlikely to buy the traditional porn movies. As such, it is no surprise that the traditional porn industry has gone from a money making giant to being in its death spiral. As such, the internet has killed (traditional) porn, while the internet is most definitely for porn. Interestingly enough, this decline of the traditional porn industry does raise some ethical concerns.

One point of concern is one that arises whenever an industry is in a death spiral, namely a concern for the people who work in that industry. While some porn stars have been able to achieve success outside of porn, the fall of the traditional porn industry will leave most of the performers in a rather hard situation (which, I am sure, is also the name of a porno). To be specific, many of them will have no qualifications beyond having sex on camera and will have little in the ways of savings and opportunities. While some will be able to switch careers, some will not. As such, it seems worth being concerned about these people.

One obvious reply is that this sort of industry death is just the way of things and economic causalities are inevitable. After all, the rise of the steam engine, electricity and so on killed many industries and the internet is just the most recent example of a economic re-definer. As such, while the economic woes of the folks in porn  is regrettable, we have no special obligation to support those who elected to enter a dying industry. They can, of course, avail themselves of the usual support offered to the unemployed and they can attempt find employment elsewhere.

A second reply is that the death of the porn industry can be seen as a good thing. After all, feminists have long argued that the typical porn is demeaning and harmful and thus morally wrong. Religious groups and moral conservatives have also argued against porn because of its corrupting influence (often unconsciously duplicating Plato’s classic arguments for banning the corrupting influence of art from the ideal state). Thus, the death of porn is a good thing.

The rather obvious reply is that the death of the porn industry is not the death of porn. As noted above, porn is thriving on the internet. To use an analogy, the state of porn is somewhat like the state of newspapers: while the traditional professional industry is dying, the amateurs are flooding the web with words and porn.

Given this fact, it might be expected that those who worked in the professional porn industry can flock to the electronic frontier and make a living in web porn. After all, if Facebook can rake in billions allowing people to post about eating a bagel and to share cat photos, surely something like F@ckbook could be created to provide a home for porn performers.

The obvious reply to this is that the people using Facebook do not make money and presumably the porn performers on F@ckbook would be in the same boat-although someone else would probably get rich. As far as the performers working on the web, one has but to look at the financial success of the typical blogger to get an idea how well going amateur typically pays on the web. After all, people are generally not inclined to pay for what they can get for free. This is not to say that clever people are no longer able to monetize porn, just that the performers will almost certainly be worse off in the new porn economy.

A final point of moral concern is whether or not the porn viewers have a moral debt to those who make it possible for them to see porn. This is not, of course, unique to porn and a similar question arises when it comes to journalism, music, books, non-porn movies and so on. After all, people can readily acquire almost anything digital for free (legitimately or by theft) on the web.

Since I have argued about digital theft in other essays, I will simply note that an excellent case can be made that stealing digital content is morally wrong. As such, the arguments I have made elsewhere would seem to apply to stealing porn as well. However, there is an interesting potential twist here: perhaps the moral dubiousness of the porn industry can provide a moral justification for stealing porn. That is, doing something bad to a bad industry is not bad.

While this has a certain superficial appeal, it can easily be countered. First, stealing from the porn industry is still stealing. Second, stealing from the porn industry does not seem to do anything to counter any moral badness of the industry-that is, the theft cannot be justified on the grounds that it makes things morally better. It could, of course, be justified on the grounds that it might be denying income to the wicked. But, of course, this leads to the third counter: a person steals porn to use porn, thus any moral high ground is clearly lost. This would be somewhat like a person arguing that it is okay to steal drugs to use from drug dealers because drugs are bad. This would, obviously, be a rather poor moral argument.

As far as the free content goes, while giving such product away for free might not be the wisest business model, availing oneself of free stuff is clearly not morally wrong. However, there is still the question of whether or not one should simply free ride an industry rather than contributing to it financially.

On the one hand, a person obviously has no moral obligation to support an industry because s/he has taken free stuff from said industry. After all, it is free. On the other hand, it could be argued that there is some obligation. After all, if the person values what they get for free, then they should contribute to what makes it possible for such stuff to be available for free.

The rather obvious counter to this is that it is up to a business to do what it takes to get customers to support them. If they elect to adopt an approach to business that provides potential customers with everything they want for free, then they have no grounds to complain when those potential customers never actually buy things. While it would be nice of the users to give back to the business, business cannot be sensibly based on this sort of model. As such, it is not so much that the internet killed porn. Rather the porn industry is committing suicide with the internet.

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Porn Star as Senator?

One piece of light news is that porn star Stormy Daniels is being urged to run for a senate seat. If she runs, she will be up against another person who (allegedly) was involved in the sex industry as well. This is, of course, Republican David Vitter. He is perhaps best known for having his phone number appear in records of the escort service run by Deborah Jeane Palfrey (better known as the “D.C. Madam”). In 2007 Vitter admitted to having “a very serious sin” in his past. Naturally, he claims that his wife forgave him. Despite this sin, he has managed to keep his position and it seems likely that he will continue to serve in the senate. Unless, of course, Stormy can beat him.

Naturally, there are some concerns about having a porn star running for the senate. Some might say that it is degrading to the high office of senator. However, I think that past scandals have sufficiently degraded the office to the point that a porn star would fit right in.

There is also the concern that the porn star candidacy idea is a joke or a poorly conceived slap at Vitter for his past sins. Politics, some might say, should be serious business and not tainted by such things.

This does, of course, have some merit. It would be preferable to have political contests run with grace, dignity and moral nobility. But, obviously enough, that sort of contest is the exception rather than the rule.

It might be argued that a porn star is morally flawed and hence not suitable for public office. The idea of having high moral standards for office is certainly appealing and I would certainly support the following of the true moral standards-once they get worked out. However, working as a porn star does not seem to out Stormy on a lower moral footing than most politicians. After all, simply review the usual folks who fill political offices-good luck finding the morally pure (or somewhat pure).

One obvious advantage of having a porn star run for office is that her sexual history is well known. In fact, there is no doubt an extensive video record of those activities. As such, there would be little to worry about in terms of some surprise sex scandal. At least with a porn star, you know were they stand. Or lay down. Or whatever position they happen to take.