Hello
I'm not too sure if its ok to ask this sort of thing here, but here it goes.
Just a few days ago I found out there are things on the net that is classified as 'objectional' to the law. I went and found out a bit more about it and it seems like quite a lot is to do with pornography that has to do with 'torture' and 'abuse' during sexual conduct. And because of that this popped into my mind, wouldnt fetish, bdsm, bondage or domination pornography all come under as 'objectional'? Or are they different? I mean the net is full of these sort of pornography, if not the net, then the streets in many countries have these sort of stuff...wouldnt running into these sort of pornography be quite high?

Sorry if this was not the right place to post these kind of posts.

Thanks

This certainly is the right place to ask about this kind of thing. 

Here is your answer. ... I just researched into it and the answer isn't going to be very black and white.  If we are talking about depictions involving minors the answer is clear....

"In general. Any person who...knowingly produces, distributes, receives, or possesses with intent to distribute, a visual depiction of any kind, including a drawing, cartoon, sculpture, or painting, that--
... depicts an image that is, or appears to be, of a minor engaging in graphic bestiality, sadistic or masochistic abuse, or sexual intercourse...shall be subject to ... penalties "

This is no suprise.  However, I am assuming you are talking about two consenting adults.  If this were the case the question then turns on whether the materials are "obscenity".  Here is where the answer becomes more difficult.  Obscenity is not an easily understood subject and can mean different things in different places.  Generally, it is understood by looking at the values and standards of the community in which it exists.  This means that what might not be obscenity in New York (blue state) might certainly be considered obscene in a small town in Nebraska (red state).  More specifically, if you have a bondage tape it could be considered obscene depending on where you are - and how the community views that material.  I was just reviewing state law on this subject and each state might have its own laws as to what it considers "objectionable" or "obscene". 

On a more practical level, I can just about guarantee you that most law enforcement agencies have much more important priorities than to go after somebody with some bondage porn - there are much more obscene/unlawful things floating around. 

basically its really a hard line to determine..  they make it sound all scary with there law ideas, but yes, as Nobush said, they have other things to worry about, like under age porn..  that is more important then bondage..

I believe that part of issue regarding bondage was a prohibition on showing someone engaging in sex while still in bondage. Consensual is cool, and bondage is cool, but the two together are problematic. I'm guessing it is the same issue as rape movies: too difficult to tell if it's truly consensual.

good points..  rape is certainly a no..  obviously, some porn stars like to do shoots where its like they are being raped, but then of course they're all into it, but if its just a rape vid or pics, then its a problem..

Hmm, if these sort of pornography does come under 'objectional' items, how does that group of industry are able to make it so large and big on the internet? Even though under age porn is one of law enforcement main issue, wouldnt these sort of pornography be an very easy target to get? Places such as Japan, I've heard are very famous for their bondage...does that mean its legal over there?

First of all, Japan requires a nice big blurry mark over any genitals depicted in porn - so Japan is certainly not free of their own issues of censorship of "objectional" materials ... it would seem that they actually have a much more constricted idea of what is objectionable or obscene. 

Second, why can the industry make all of these materials?  First, maybe they are not allowed to but nobody is stopping them.  That is my first reaction.  For a long time it was unlawful to make hardcore porno videos at all (very difficult to distinguish from prostitution when both a porno actor and a prostitute both get paid for having sex) but the industry thrived because the police were unwilling to enforce the laws - but this changed in California at some point and now the industry is operating legally.  As for bondage, it can be MADE in a community which does not consider it obscene - that is how the law will view it.  Usually, it is not a crime to distribute it to places where it is obscene, although it may be unlawful to possess it in those places.  Make sense?  It shouldn't.  Nevertheless, this is the way our system works.  A side note.....every once in a while there will be a disclaimer on really any kind of sex related site telling you something to the effect of "by clicking YES you are agreeing that sexual related materials are lawful in the place where you intend to view them (or in your community)" - this is an attempt for the industry to avoid getting into any trouble with distributing obscene materials to places where it is unlawful. 

Again, I stress - whether or not it is obscene, our law enforcement less concerned with enforcing laws against those who are willing participants who are of legal age and perfectly capable to make their own rational choices.  They are much more concerned with, and much too busy with, materials featuring people who are not consenting, or who are not of an age or ability to consent to what they are doing - and that is what they are going to spend their time with. 

By the way...look at this

http://fuckingslutz.com/glamour/jenna_haze/


Notice how the disclaimer says...."if it is illegal to view such materials based on the contemporary standards of your community, please exit now."

that is a good point..  a lot of sites have those warnings before you go in..  you're supposed to know what the rules are in your country

not just the rules...but you are supposed to know what the "community standards" are....I guess you are supposed to know what every person in your community might think about certain materials. 

I see now...well thats something new I learn today. Never knew objectional items could be so confusing, but I get it now.

Thanks a lot for everyone's replies.

yeah, it can be very confusing.  Obscenity law is sort of a sore subject in our constitutional law - it is open to wide variations of interpretations that leave alot of people scratching their heads. 

ANYTHING with Whoopy Goldburg in it is objectional.

i think that is a world law dis..  lol