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A Turning Point in Pornography Regulation: Insights from the Independent Review
If you’ve spent time on mainstream pornography sites recently, it’s hard not to notice a disturbing trend. Content characterized by themes of incest, strangulation, and various forms of coercion and violence has become increasingly prevalent. These trends are amplified by social media platforms and the algorithms designed to maximize viewer engagement and profitability. This stark evolution in the nature of online adult content marks a significant departure from the past when explicit material was simply defined by the presence of nudity. However, a potential shift in this paradigm may be on the horizon.
Recently, the much-anticipated independent review of pornography, led by Conservative peer Gabby Bertin, was released. This report represents the most comprehensive examination of pornography regulation in over four decades. Its conclusions offer a sharp critique of the current state of adult content and highlight the failure of successive administrations to address the growing issues within this domain. The extreme porn law introduced by a Labour government in 2009 was a recognition of the urgent need for an overhaul in how pornography is managed. Now, in the context of significant government initiatives aimed at halving violence against women and girls over the next decade, the time has come for meaningful reform.
The public’s perspective on pornography regulation has evolved significantly. A previously held belief that minimal regulation would enhance sexual freedoms has proven misguided. Instead, the current landscape of adult content often constrains genuine sexual expression, with many users finding their viewing habits manipulated by AI algorithms seeking to promote content that incites shock, disgust, or anger.
Moreover, the invasion of privacy by large pornography corporations raises serious concerns. Many of them exploit intimate user data to refine their recommendation processes. A study examining over 22,000 pornographic websites discovered that an overwhelming 93% were transmitting user data to external parties, frequently without user consent.
These issues are not confined to the adult industry. A 2020 review on algorithmic bias revealed that technologies employed in social platforms can perpetuate and even generate racist and sexist viewpoints. Compounding that, the information commissioner is investigating how social media firms leverage data from minors to curate content for them, further complicating the implications for young users.
The current trends in online pornography are alarming, with numerous platforms promoting harmful stereotypes and violent narratives. The platforms themselves are increasingly involved in shaping user preferences, deviating from healthier expressions of sexuality.
While Lady Bertin’s report does not extensively address the algorithms that dictate content availability, it outlines crucial changes needed for the future. Among its pivotal recommendations is the necessity for equal regulation of online and offline pornography. Additional suggestions include requiring platforms to implement safety-focused design strategies, potentially through new legislative measures like a safe pornography code within the Online Safety Act. Furthermore, illegal content such as pornographic depictions of incest or strangulation should be prohibited under existing laws, with the Home Office designated as the body responsible for overseeing and managing pornography regulations, eliminating the current ambiguous accountability issues.
Interestingly, the report briefly entertains the idea of device-level age verification should the measures in the Online Safety Act fall flat. This presents a shift in accountability, moving the burden from profit-driven platforms to parents and guardians. Such a change could have significant repercussions for safety and accessibility, though it seems preferable to industry stakeholders who may worry about their user engagement.
In response to the publication of the review, the government has committed to considering the recommendations thoroughly. This moment could be seen as a rare opportunity to reshape the regulation of pornography. However, history shows that such opportunities are not new. In 2013, former Prime Minister David Cameron echoed similar themes, asserting that content deemed illegal in physical stores should also be banned online. Twelve years later, Lady Bertin’s recommendations circle back to this foundational principle: prohibiting the online distribution of content already restricted offline. The necessary steps forward are clear; what remains to be seen is whether the government will take decisive action to implement them.
Fiona Vera-Gray is a professor of sexual violence at London Metropolitan University and co-director of the Child and Woman Abuse Studies Unit.
Clare McGlynn is a professor of law at Durham University and an expert on the legal regulation of pornography.
Source
www.theguardian.com