History
For more details on this topic, see History of erotic depictions.Depictions of a sexual nature are older than civilization as depictions such as the venus figurines and rock art have existed since prehistoric times. However the concept of pornography as understood today did not exist until the Victorian era. For example the French Impressionism painting by Édouard Manet titled Olympia was a nude picture of a French courtesan, literally a "prostitute picture". It was controversial at the time.
Nineteenth-century legislation eventually outlawed the publication, retail, and trafficking of certain writings and images regarded as pornographic and would order the destruction of shop and warehouse stock meant for sale; however, the private possession of and viewing of (some forms of) pornography was not made an offence until recent times.
When large-scale excavations of Pompeii were undertaken in the 1860s, much of the erotic art of the Romans came to light, shocking the Victorians who saw themselves as the intellectual heirs of the Roman Empire. They did not know what to do with the frank depictions of sexuality and endeavored to hide them away from everyone but upper-class scholars. The moveable objects were locked away in the Secret Museum in Naples and what could not be removed was covered and cordoned off as to not corrupt the sensibilities of women, children, and the working classes.
Fanny Hill (1748) is considered "the first original English prose pornography, and the first pornography to use the form of the novel." It is an erotic novel by John Cleland first published in England as Memoirs of a Woman of Pleasure. It is one of the most prosecuted and banned books in history. The authors were charged with "corrupting the King's subjects."
The world's first law criminalizing pornography was the English Obscene Publications Act 1857 enacted at the urging of the Society for the Suppression of Vice. The Act, which applied to the United Kingdom and Ireland, made the sale of obscene material a statutory offence, giving the courts power to seize and destroy offending material. The American equivalent was the Comstock Act of 1873 which made it illegal to send any "obscene, lewd, and/or lascivious" materials through the mail. The English Act did not apply to Scotland, where the common law continued to apply. However, neither the English nor the United States Act defined what constituted "obscene", leaving this for the courts to determine. Prior to the English Act, the publication of obscene material was treated as a common law misdemeanour and effectively prosecuting authors and publishers was difficult even in cases where the material was clearly intended as pornography.
The Victorian attitude that pornography was for a select few can be seen in the wording of the Hicklin test stemming from a court case in 1868 where it asks, "whether the tendency of the matter charged as obscenity is to deprave and corrupt those whose minds are open to such immoral influences." Despite the fact of their suppression, depictions of erotic imagery were common throughout history.
Pornographic film production commenced almost immediately after the invention of the motion picture in 1895. Two of the earliest pioneers were Eugène Pirou and Albert Kirchner. Kirchner directed the earliest surviving pornographic film for Pirou under the trade name "Léar". The 1896 film, Le Coucher de la Mariée showed Louise Willy performing a striptease. Pirou's film inspired a genre of risqué French films showing women disrobing and other filmmakers realised profits could be made from such films.
Sexually explicit films opened producers and distributors to prosecution. Those that were made were produced illicitly by amateurs starting in the 1920s, primarily in France and the United States. Processing the film was risky as was their distribution. Distribution was strictly private. In 1969, Denmark became the first country to abolish censorship, thereby decriminalizing pornography, which led to an explosion in investment and of commercially produced pornography. However, it continued to be banned in other countries, and had to be smuggled in, where it was sold "under the counter" or (sometimes) shown in "members only" cinema clubs.
The scholarly study of pornography, notably in cultural studies, is limited, perhaps due to the controversy about the topic in feminism. The first peer-reviewed academic journal about the study of pornography, Porn Studies, is to be published in 2014.
Read more about this topic: Pornography Law
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