How can we better protect young people from online pornography? A reflection is underway for measures expected after the summer. Update on the rules that already apply, with Philippe Duport.
Faced with too easy access to online pornographic sites, an age certification system is being developed. It could see the light of day next September. In the meantime, let’s take a look at the current situation, and what the law says.
franceinfo: What rules apply, and where does pornography start?
Philippe Duport : There is no article in the penal code on this subject, but a doctrine and case law which teaches us that pornography is “the meticulous and gratuitous representation of sexual relations or acts”. The judges believe that the border between eroticism and pornography lies in the fact that the second “deprives the rites of love of their sentimental context” and can contribute to “deprave morals” by being content to “describe mechanisms physiological”.
Are there things that we are not allowed to show?
Yes, anything that is criminally punishable, such as rape, sexual violence or the participation of minors. But apart from that, the limits do not really exist, which raises the question of the consent of the actors. The porn industry uses prior consent, which implies that you agree to whatever is going to happen. However, judges require consent at each stage. The Jacquie et Michel site, for example, is being prosecuted for this: actresses say they were forced.
In terms of pornography, is access to sites for minors also a serious problem?
Yes, you have to be of legal age to view pornographic content. As Céline Astolfe, a criminal lawyer specializing in these issues, points out, the consent of the minor has no effect, it is “indifferent”. Even if the minor agrees to watch, the offense is characterized. It is the broadcaster and the publisher of the site who are then responsible. They risk up to three years in prison and a fine of 75,000 euros when the pornographic message is likely to be seen by a minor. Mr. Astolfe adds, however, that no condemnation of publishing companies has been pronounced.
What about private images that can end up on the internet?
As for professionals, the consent of the person at the time of their capture is mandatory, as well as their consent for their distribution. If this is not the case, we risk two years in prison and a fine of 60,000 euros. It is therefore forbidden to broadcast images without the knowledge of the persons concerned. Another point of contention is if you watch porn at your workplace. Your employer may accuse you of a breach of trust: in short, diverting working time for a purpose other than that for which he employs you.