Why is porn legal but prostitution not?

[The Morrigan]

I realise that in some areas prostitution is legal and porn illegal but I'm generally talking about places such as the UK and the majority of the US.

I'm curious as to why it's okay for pornstars to make money out of having sex but prostitution is illegal. They're both similar in the fact that they both involve money being handed over in order for sexual acts to occur.

[BDF]

My best practical guess is that it's to limit the spread of venereal diseases like (AIDS, herpes etc... ). Also I suppose to oppress the tradition with prostitutes where they frequently work for a "pimp" who abuses them, or some sort of gang.

Both those reasons are good reasons... but making prostitution illegal is hardly serving any purpose to those reasons in the first place. People that want to do it, will do it regardless of the law most times. It's that thing about sex... a lot of people just can't help themselves in cases like this.

[Beetbox]

Originally Posted by Nenya

I'm curious as to why it's okay for pornstars to make money out of having sex but prostitution is illegal. They're both similar in the fact that they both involve money being handed over in order for sexual acts to occur.

There are restrictions on what can be in porn where there isn't in prostitution. Also porn stars tend to not spread STD's like wildfire the way prostitution can. There are many differences between porn and prostitution. Those are just two. Laws govern pornography, eg. "In 2008, the Crown Prosecution Service prosecuted a man under the Obscene Publications Act for a textual story on a pornography website involving Girls Aloud. Also that year, the Home Office introduced legislation to criminalize possession of what it has labelled extreme pornography; these laws are now contained in sections 63 to 68 of the Criminal Justice and Immigration Act 2008."

[Marguerite]

Originally Posted by Nenya

I realise that in some areas prostitution is legal and porn illegal but I'm generally talking about places such as the UK and the majority of the US.

I'm curious as to why it's okay for pornstars to make money out of having sex but prostitution is illegal. They're both similar in the fact that they both involve money being handed over in order for sexual acts to occur.

It's not really that clear cut, all over places like America, the UK and Australia, prositution law varies from region to region. Saying it is illegal in the majority of these areas is kind of complicated because a lot of places it is illegal to solicit but not illegal to, you know, offer your services. A lot of places neither is illegal.

As for the difference, I'm all for both being legal but to play devil's advocate for a second, porn is generally safer. Porn is filmed between two actors in a controlled enviroment. The biggest risk one can get from watching porn is basically carpel tunnel syndrome. However, if you get picked up off a street corner/pick someone up off a street corner any number of things could go terribly, terribly wrong, including (but not limitied to) the death of either the client or the prostitute.

It's also an image issue. Pornography is something that in usually encountered (I hope) privately, indoors. A lot of governments don't want the stigma that comes with allowing prositution, and want to keep a family friendly moralistic image.

[dr2005]

As a point of interest, it's worth noting that in the UK prostitution itself is not illegal - you can legitimately carry out business as a sex worker without prosecution. What IS illegal is soliciting (i.e. streetwalking) and pimping, as well as (I believe) running a brothel. Bit of a peculiar situation when you think about it, but there we go.

Onto the OP question now...I have to say it's a good one, and not one I can readily come up with an answer to. Best I can think of is that for whatever reason it's viewed as less harmful to society or the people involved - make of that what you will, but by and large that's all I can come up with for now.

[TheBabyEater]

Along with above, the receivers of porn do not actually have sex, most simply watch or masturbate. Porn is much, much easier to regulate than prostitution. There are already restrictions on porn, you can't really expect to hold up restrictions on prostitution. Prostitution promotes pimps, which promote crime and mistreatment of the prostitutes. Porn only promotes safer alternatives to unhealthy sex.

Ext. Ext.

[Brandon]

Originally Posted by Nenya

I realise that in some areas prostitution is legal and porn illegal but I'm generally talking about places such as the UK and the majority of the US.

I'm curious as to why it's okay for pornstars to make money out of having sex but prostitution is illegal. They're both similar in the fact that they both involve money being handed over in order for sexual acts to occur.

http://www.slate.com/articles/news_a...n_illegal.html

[Sincerely Yours ♥]

-Most porn can be found for free online. Prostitution cannot.
-Porn is for intended for masturbation. Prositution is intended for more than one person.
-Porn doesn't spread STDs. Prostitution does.
-Porn is pretty much fake. Prostitution is not.
-Porn doesn't encourage drug use. Prostitutes are usually on drugs.

So much more I could list.

[Some Random Dude]

Porn is legal and prostitution is not because the government can't put a tax on most prostitution, but can put one on porn. If the government dosn't get a cut of the money from a buisness venture or service then it is illegal.Thats also why moonshining is illegal.

[Squidgy]

Originally Posted by Some Random Dude

Porn is legal and prostitution is not because the government can't put a tax on most prostitution, but can put one on porn. If the government dosn't get a cut of the money from a buisness venture or service then it is illegal.Thats also why moonshining is illegal.

Same reason weed is illegal. The government doesn't have control over it yet, therefore they can't tax it. Most things today are about money.

[Ibanez]

Originally Posted by Some Random Dude

Porn is legal and prostitution is not because the government can't put a tax on most prostitution, but can put one on porn. If the government dosn't get a cut of the money from a buisness venture or service then it is illegal.Thats also why moonshining is illegal.

Except there is no huge tax on porn. And it isn't even legal in most places. There's a reason why 90% of porn in the world is produced in the San Fernando valley, and that's because its one of the few areas where paying someone to have sex on film doesn't classify as prostitution. And if the government can regulate tobacco and alchohol, then they can regulate prostitution and weed. They're just too socially taboo.

[Guile]

Just pointing out this point here.

Both a pornstar and a prostitute are paid to preform sex, at the very core of it.

[TheBabyEater]

Originally Posted by Guile

Just pointing out this point here.

Both a pornstar and a prostitute are paid to preform sex, at the very core of it.

Things are still quite a bit different between the two. If you want to look at it like that, we can also put beastiality and necrophilia as normal and legal, because that's just sex, right?

[Beetbox]

Originally Posted by Guile

Just pointing out this point here.

Both a pornstar and a prostitute are paid to preform sex, at the very core of it.

This reminds me of the death penalty for some murders in america. They are both killing people, one is implemented as justice the other is a crime. You can justify almost anything in any way you want with that argument.

[Brandon]

Originally Posted by Nenya

I'm curious as to why it's okay for pornstars to make money out of having sex but prostitution is illegal. They're both similar in the fact that they both involve money being handed over in order for sexual acts to occur.

The keyword is regulation. Prostitution can be better regulated, but the question is how far is the government willing to go? After all, making prostitution illegal will potentially lead to less illegal prostitution...and the less crime that police officers have to deal with, the more citizens complain about police officers "not doing what they're supposed to be doing." Regulation is a continuous responsibility, and not a lot of people are open to the idea of financially supporting that idea of having regulated prostitution because people, through personal experience, believe that engaging in sexual acts with a prostitute is considered more "cheating" than masturbating to people engaging in sexual acts on pictures and videos. A lot of women believe that prostitution is a degradation of women, which I think otherwise. I believe that prostitution is what abortion could've been if it was never legalized. Unless the majority of people and people high up in political power not only agree with the act of prostitution, but want to support it, then not much will probably be done. It's all a matter of how far we are willing to go to support it.

[Revolution]

It's really hard to regulate prostitution, and sadly for most of us wanting to live in a dreamworld, but most of prostitution is forced, and the people are usually "owned" by somebody, either a pimp or a company, and are making very little money, just enough to keep a roof over her head and drugs in her veins. It's a very sad industry. Yes, of course, there are people out there who have made their living off of prostitution, and were happy, it happens. But most of its not like that. Porn is much easier to regulate, and not as much of it is against somebody's will, and all of that porn is illegal as prostitution is.

[Sythan]

Porn is easily regulated by the government. Prostitution, however, not as easy. Although The Netherlands, especially Amsterdam, have been doing a pretty good job since it was legalized in 2000.

[dr2005]

Originally Posted by Brandon

The keyword is regulation. Prostitution can be better regulated, but the question is how far is the government willing to go? After all, making prostitution illegal will potentially lead to less illegal prostitution...and the less crime that police officers have to deal with, the more citizens complain about police officers "not doing what they're supposed to be doing."

I don't think I've ever heard anyone complaining about a lack of crime for police officers to deal with...

Originally Posted by Sythan

Porn is easily regulated by the government. Prostitution, however, not as easy. Although The Netherlands, especially Amsterdam, have been doing a pretty good job since it was legalized in 2000.

Interesting that you say that, given that the Netherlands has in recent years launched a crackdown on the red light district in Amsterdam (among others) in light of an increase in gang activity and human trafficking. Legalisation is not a magic wand - if anything, it just makes it easier for such people to operate. Insofar as porn being easy to regulate goes, I suppose that is true for material produced in that particular country but I'd question if it is for material sourced elsewhere.

[Brandon]

Originally Posted by dr2005

I don't think I've ever heard anyone complaining about a lack of crime for police officers to deal with...

I hear it all the time. From my experience, a lot of people believe that they don't do anything...they just sit on the side of the road with jelly donuts in the passenger seats and watch cars drive by. Of course, those are the people who are probably pulled over on a regular basis for speeding.

[OMFG!You'reActuallySmart!]

In Canada, prostitution itself is legal, however, the act of soliciting, arranging payment for sex and pimping are all illegal. It's a bit weird because you could have sex and receive a monetary gift that is intentionally unrelated to sex and prostitution, and it would be legal. At the core of it, porn stars and prostitution involve sex for money, however, porn stars have no soliciting nor pimps, so by definition, they are not prostitutes.

[Catr]

Prostitution often means trafficking, and often also involves minors(who technically cannot consent until. 17, at least in Norway) or unconsenting adults. Although porn actors are also paid, porn is much easier to regulate and there are very strict punishments for porn where it violates the law. Anyone can see what is on the Internet, so child porn can be tracked, and trafficking is virtually impossible and not at all practical for obvious reasons.