General terms and conditions
1. Introduction
These regulations govern the use of the kinkysexstuff.com website (“Website” or “Portal”) and the use of the services offered (“KINKY”) through the website.
By accessing the Website or, as the case may be, accepting these General Terms and Conditions (hereinafter the “Terms and Conditions”), you (hereinafter the “Client”) confirm that you have read and agree to these terms and conditions and, as a consequence, you commence a legal relationship with KINKY in accordance with its provisions. The Customer shall not use the Website for any purpose which could be considered unlawful, unfair or harmful to the Website or third parties.
Registration on the Portal and use of its services implies that your data as a Customer will be included in the KINKY files and will be processed in accordance with the provisions of the Privacy Policy, which the Customer expressly declares that he/she understands and accepts.
The General Terms and Conditions included will be the conditions in force at the relevant time.
Access to the website is free of charge, except for the cost of connection via the telecommunication network provided by the provider with whom the Customer has contracted.
Access to the “My KINKY “profile is an exclusive service reserved exclusively for customers who are registered and active on KINKY. The customer becomes active after registering using the procedures set out on the Website and after confirming the contractual link by sending the registration information to the email address indicated in the customer’s registration process.
The web page distinguishes between advertising users (women, agencies, men) and ordinary users (usually men), collectively referred to as Members.
The service can only be used by persons of legal age of their own volition.
If the Client accesses the Website, or reads its content in any way, even if he or she is not a registered user on the Website, agrees to be bound by the content set out in the Terms. In the event that the Client does not accept the Terms, he or she shall not be entitled to view the content of the Website.
By ticking the appropriate box, the user confirms that they have read and accepted the contents of these Terms and Conditions for data processing and consents to the processing of the data.
Users are obliged to provide their own real personal data when registering. If Clients provide unrealistic data or data that can be linked to other persons during registration or use, the resulting contract shall be deemed null and void. KINKY disclaims liability if the Customer uses the services of the Website on behalf of or with the data of another person, with the exception of agency work.
KINKY is not liable for any delivery delays or other problems or malfunctions caused by incorrect and/or inaccurate data.
If the Client breaches any of the obligations set out in these General Terms and Conditions, KINKY reserves the right to prohibit or refuse access to any of the Services offered through the Portal, without prejudice to any other action that KINKY may take.
KINKY reserves the right, to the extent permitted by applicable law, to unilaterally change at any time and without prior notice the manner and conditions of subscription and contracting for KINKY services on the Portal as well as these General Terms and Conditions. These General Terms and Conditions shall be made available to Customers at all times in a prominent place and available for viewing as many times as they wish. Customers undertake to read these General Terms and Conditions carefully each time they access the Website. In any case, acceptance of the General Terms and Conditions will be a preliminary and necessary step for the conclusion of a contract for any services offered by KINKY through the Portal.
Kinkysexstuff.com is an online themed advertising website.
You must be 18 years old or over to use this site. Kinkysexstuff.com may update the Terms from time to time, so please check the relevant pages regularly. By continuing to use the Site after any such change, you accept and agree to the amended Terms and Conditions. The Site reserves the right to change or discontinue, temporarily or permanently, the Site, any Site features, benefits (including but not limited to blocking or terminating your Account), terms or conditions, all without notice, even if such changes may affect how you use the Site. You agree that the Site will not be liable to you or any third party for any changes to or discontinuance of the Site.
Any Customer shall access and use the Website in accordance with these General Terms and Conditions, the law, ethics, good faith and/or appropriate customs and will refrain from doing anything which might cause any damage to the Website itself, KINKY and/or other Customers and/or any third party.
2. Ordering advertising services
The access and contracting process and the terms and conditions of service provided by KINKY will always be subject to the provisions set out in the Portal.
Only independent advertisers and agencies can register on the Portal, this is not possible for other advertising pages with similar activity. If we discover profiles and links leading to such pages, we will remove them without prior notice.
You can buy advertising space and surfaces in your registration profile. This can be done when registering or at any time later.
The advertiser user selects an advertisement type and the system asks for additional registration details to purchase the advertisement and then asks for a confirmation. Once confirmed, you will be redirected to the website of our online payment partner, where you pay via a normal bank system using a bank card or transfer money by simple bank transfer.
A customer wishing to advertise can choose from several types of advertisement with different price categories depending on the information given on the Website.
Customers can buy banners and VIP advertisements for marketing purposes. Their price depends on the type of product and the advertising period. More information about advertising and payment options can be found on the advertising page. It takes a maximum of 48 hours to activate your advertisement after payment.
The advertiser is allowed to have VIP and banner advertising at the same time.
The Site may charge a fee for placing Content in certain areas of the Site. Users who upload Content to paid areas are responsible for such Content and for compliance with these Terms and Conditions. Under no circumstances will the Site provide a refund if Content is removed from paid areas for violation of these Terms and Conditions.
Likewise, by entering into a service agreement, the Customer expressly undertakes to provide truthful and lawful information in this respect and assumes for this purpose any damage caused directly or indirectly to KINKY and/or any third party as a result of the lack of truthfulness or unlawfulness of the data provided by it.
As a condition of using KINKY, you agree that you will not:
Break any laws.
Violate the rules for posting messages.
Post any threatening, abusive, defamatory, obscene or indecent material.
To be false or misleading.
Violate any rights of third parties.
Distribute or contain spam, chain letters or pyramid schemes.
Distribute viruses or any other technology that could harm KINKY or the interests or property of KINKY users.
Create an unnecessary burden on our infrastructure or interfere with the normal operation of KINKY.
Copy, modify or distribute other people’s content without their consent
Use any robot spider, scraper or other automated means to access KINKY and collect content for any purpose without our explicit written permission.
Gather or otherwise collect information about others, including email addresses, without their consent.
Circumvention measures used to prevent or restrict access to KINKY.
Contact anyone who has asked not to be contacted.
Collect personal data about other users for commercial or illegal purposes.
Posting non-local or otherwise irrelevant Content, repeatedly posting the same or similar Content or otherwise placing an unreasonable or disproportionate burden on our infrastructure.
Post the same product or service in more than one classified category or forum or in more than one metropolitan area;
3. our KINKY shop (hereinafter referred to as “the shop”)
Our shop is hosted by Kinky . They provide us with an e-commerce platform that allows us to sell you our products and services. We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content (not including credit card information) may be transmitted unencrypted and may include (a) transmissions over various networks; and (b) changes to conform and adapt to the technical requirements of connecting networks or devices. Credit card information is always encrypted during transmission over the network.
Prices for our products are subject to change without notice.
We reserve the right to change or discontinue our services at any time without notice at any time.
We will not be liable to you or any third party for any modifications, price changes, suspension or discontinuance of the shop.
Certain products or services may be available exclusively online through the Website. These products or services may be in limited quantities and are non-refundable or non-exchangeable in accordance with our Return Policy clause 8 of the Terms.
We have made every effort to display as accurately as possible the colours and images of our products which appear in the shop. We cannot guarantee that the display of any colour on your computer monitor will be accurate.
We reserve the right, but are under no obligation, to restrict the sale of our products or services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the number of any products or services we offer. All product descriptions or prices are subject to change at any time without notice at our sole discretion. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this website is void where prohibited.
We do not guarantee that the quality of any products, services, information or other material purchased or obtained by you will meet your expectations or that any errors in the shop will be corrected.
We reserve the right to reject any order you place with us. We may, at our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed using the same customer account, the same credit card, and/or orders that use the same billing and/or delivery address. In the event that we make changes or cancel an order, we may attempt to notify you by contacting the email address and/or billing address/phone number provided at checkout. We reserve the right to restrict or prohibit orders that, in our sole discretion, are purported to be placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and account information for all purchases made in our shop. You agree to promptly update your account and other information including your email address, credit card numbers, and expiry dates so that we may complete your transactions and contact you as necessary.
4. Password
KINKY will provide the Customer with an identifier and password which are personal and non-transferable in order to enable the Customer to use this website or the services offered by KINKY on its Portal. The Customer undertakes to maintain confidentiality by not allowing its own access code / name / password of the Customer to be used by third parties and thus accepting any consequences arising from a breach of this obligation. The password may be changed at the request of either party. If such a change were to take place at KINKY’s specific request, Customer will be notified of the date of deactivation and replacement of the password with a new one.
KINKY accepts no responsibility for any damage or loss incurred by Customer and/or any third party due to loss or theft of the access code / Customer’s name / password and/or due to their use by a third party.
5. Intellectual property rights
KINKY is the owner of the domain Kinkysexstuff.com.
All rights reserved.
This website is protected by intellectual and industrial property laws.
The entire Portal, including, without limitation, its design, structure and distribution, text and contents, logos, buttons, images, source code as well as the intellectual and industrial property rights and any other distinctive signs referring to the aforesaid, to the website itself and any others appearing on the Website and all those connected with the services offered by KINKY and owned by KINKY, are the subject of intellectual and industrial property rights of KINKY and/or of third parties who have authorized their inclusion
It is therefore prohibited to use, exploit, copy, reproduce them, as well as to remove, damage and/or modify them, register and/or request their registration in part or in whole, temporarily or permanently, and any similar ones now or in the future without the express and written permission of KINKY and/or the relevant owner, without being able to understand that there is a license or permission, whatever its nature, in whole and/or in part, for any third party and/or client from KINKY and/or the relevant vl.
KINKY reserves the right to unilaterally design and change the presentation and configuration of the website at any time and without further notice.
The Customer will in any event refrain from removing, modifying, bypassing or manipulating any security device or security system that may be installed on the Portal.
6. Limitation of liability
There is no relationship or association between KINKY and the owners of the linked websites and therefore KINKY is not responsible for third party websites or their usefulness, reliability, accuracy or the content included in such websites; these are websites owned by independent corporations without any association or relationship. KINKY shall not be liable for any harm and/or damage and/or loss of profit of the Customer or any third party who is harmed by the opinions, statements, data and/or content, which in this case may be communicated directly or indirectly by Customers and/or third parties for any reason, at any time and in any way on the Portal.
KINKY does not guarantee uninterrupted, reliable or continuous operation of the website without delay or interruption; therefore, KINKY is not liable for any damage and/or loss of profits and/or loss of use which may be suffered by the customer or a third party.
KINKY shall not be liable for any damage and/or loss of profits to the customer or third parties caused by force majeure, accidental event, failure or fault of communication lines or for the incorrect provision of services or failure of the Internet.
You agree that our service is a platform for posters and KINKY users. In the event of a dispute with any KINKY user, you agree that KINKY is under no obligation to participate. You also agree to release KINKY from any claims, demands and damages arising out of or in connection with such dispute. You are solely responsible for any advertising content you post or any advertising posted through your account.
The site does not offer any refunds for early cancellation of paid sponsors or paid advertising. We do not provide credit or refunds due to very low rates and minimal administrative staff.
KINKY shall not be liable for any damage and/or injury caused to any Customer or third party or for damage and/or loss suffered by any Customer or third party caused directly or indirectly by using and/or accessing and/or connecting to the Portal and/or other linked web sites, without KINKY being liable for any damage and/or injury caused to Customer or third party due to faulty operation, defects, errors or damages caused, in whole or in part, to any hardware or software and the loss/modification and/or damage of information stored on magnetic media, discs, tapes, floppy disks and others and the introduction of computer viruses or undesirable variations or alterations to information, documents, files, databases, hardware and/or software.
KINKY shall not be liable for any damage and/or injury caused to Customer which is not solely, directly and exclusively imputable to it as a result of deliberate or negligent acts or omissions on the part of Company, where Customer and/or a third party or persons they are required to answer are guilty of such damage and/or injury, or any damage and/or injury to third parties, and/or any loss of profit or benefits suffered by Customer and/or third parties.
The links that KINKY offers to the Customer are intended to make it easier to find available information on the Internet. KINKY cannot guarantee that the system is suitable for any services other than those hired and cannot provide access to all sites on the Internet. KINKY does not offer any commercialisation of the services available on the linked sites nor is it responsible for these products or services.
KINKY has no control over the use of the services provided by the Client. In this sense, KINKY is not responsible for any use and/or content that, in breach of the law and/or these Terms and Conditions and/or applicable Specific Conditions, the Customer may make. KINKY is not responsible for the content and/or information and/or data transmitted, nor for the commencement of the transmission, nor for the modification of the data, nor for their selection, nor for the recipient, therefore the Client is the only person responsible for the consequences of his/her possible illegal use or use in breach of these Terms and Conditions, nor for the veracity and/or legality of the content provided by the Client.
In the event that KINKY is in any way, directly or indirectly, aware of the existence of content which may infringe applicable law or these Terms and Conditions and/or applicable Specific Terms and Conditions, or of illegal, unauthorised or fraudulent use, KINKY may suspend the service, in whole or in part, without prior permission from the Client, removing the infringing content or taking any other action deemed necessary to break continuity
Without prejudice to the above, KINKY has the right to notify administrative or judicial authorities of actions that may constitute unlawful activities without notifying the customer.
In particular, KINKY is not liable for the incorrect provision or interruption of services that are commercialised and provided in the following cases:
Interruption of services due to network maintenance.
Service interruption caused by the customer and/or any third parties introducing hardware or software components that cause technical systems to malfunction or are incompatible with system elements.
Interruption of services due to inability to access broadband support.
Interruption of services due to misuse or non-conformity.
Interruption of services due to a power failure in the equipment and devices used by the customer to access services.
Caused by a third party or force majeure.
Loss of service or connectivity for reasons not directly related to KINKY.
Administrative or court orders.
Incorrect configuration of the required installation by people other than KINKY and/or the customer and/or any third parties.
Damage and/or loss that cannot be attributed solely, directly or exclusively to KINKY.
Lost profits for the client and/or third parties.
Damage and/or injury of any kind caused by the client and/or third parties.
Damage and/or injury caused directly or indirectly to the customer and/or any third party for reasons not directly attributable to KINKY.
Unforeseeable events as well as force majeure, official measures, errors in telecommunication connections not directly related to KINKY exempt KINKY from providing services while unpredictable events etc. etc. continue.
7. Privacy
KINKY and its staff and helpdesk will process and store all Customer information to which they have access as long as they carry out their duties. They will not use it, disclose it or allow it to be used or disclosed by unauthorised third parties. This obligation of confidentiality remains in force even after KINKY employees have ended their working relationship with KINKY.
8. Return policy.
Thank you for shopping at kinkysexstuff.com. We do not issue refunds for digital products once your order has been confirmed and advertised, nor for products purchased from our shop. We encourage you to contact us at info@kinkysexstuff.com for assistance if you encounter any problems.
Your responsibilities
. Before you advertise, it is your responsibility to make sure you understand and are satisfied with all of the following:
Position in our search engine.
You understand our market position.
Any metrics we measure, including but not limited to Page Rank.
You understand the website and the position at which your ads will be displayed.
You understand how many ads we allow for each profile in each area.
The purpose and benefit you get through SEO and linking.
9. WARNING SIGNS OF POSSIBLE SEX/TRAFFICKING IN HUMAN BEINGS
Does the artist come accompanied by another person?
Does this man speak for the artist or does he seem to retain control over him?
Does the artiste seem to be afraid of the man?
Does the artist have difficulty communicating because of a language barrier or fear of communication?
Does the artist show signs of physical abuse, such as burn marks, bruises, or cuts?
While one of these signs on its own may not cause concern, two or more may trigger a potential red flag. Use common sense and report any suspicious signs to local authorities if you suspect sex/trafficking.
Report any suspicion of sexual exploitation of minors and/or human trafficking to the relevant authorities.
UK
Police: 999 (emergency) or 101 (non-emergency)
If you prefer to remain anonymous, call Crimestoppers on 0800 555 111.
10. Applicable law and jurisdiction
All disputes, claims, and disagreements which may arise shall be settled by the competent courts in accordance with the law in force.
These Terms and Conditions shall be governed by and construed in accordance with the laws of England and Wales.
These Terms and Conditions come into force on 20 December 2020.
IF YOU ARE DISSATISFIED WITH THE SITE OR ANY PART OF IT, OR DO NOT AGREE TO THESE TERMS AND CONDITIONS, YOUR SOLE RECOURSE AND EXCLUSIVE REMEDY SHOULD BE TO DISCONTINUE USING THE SITE.
Privacy Policy
This privacy policy applies between you, the user of this website and KINKY, the owner and provider of this Website. KINKY takes your privacy very seriously. This privacy policy applies to our use of any and all Data collected by us or provided by you in connection with your use of the Website.
This privacy policy should be read in conjunction with our Terms and Conditions, which can be found at: https://kinkysexstuff.com/terms-conditions/.
Please read this privacy policy carefully.
This Privacy Policy applies to all services and, where applicable, websites offered by (“KINKY”).
If you have any concerns about this Privacy Policy, please feel free to contact us via our website kinkysexstuff.com or by emailing us at info@kinkysexstuff. com.
KINKY processes personal information only for the purposes of the Privacy Policy set out below:
Promote our customer services, including personalized display of content and advertising.
Review, research and ongoing analysis of our services to support, protect and optimize them.
Ensure the technical functioning of our network.
Develop the provision of new KINKY services.
The customer can agree to this privacy policy by selecting the “I accept KINKY’s privacy terms” option set out on the kinkysexstuff.com website.
Purpose of personal data processing: KINKY manages customer and supplier data on the basis of the conclusion, performance and termination of contracts and the provision of advertising and internet storage facilities.
Personal data to be processed: name, birth name, date of birth, address, location, location address, telephone number, e-mail address, website address, bank account number, customer ID (customer number, order number), online identification number
Legal basis for the management of personal data: the basis of the right to perform the contract. Such data processing shall be considered lawful even if the data processing was required at the Customer’s request in order to take the necessary actions prior to entering into the contract.
Recipients of personal data and categories of recipients: KINKY employees as well as third-party employees involved in customer service, accounting and tax tasks and data processors.
Retention period for personal data: until the data subject withdraws their consent, failing which, KINKY shall delete the data 5 years after the termination of the Client’s account. In the event that KINKY is obliged to retain data on the basis of the Accountancy Act, KINKY is only going to delete the data 8 years after the termination of the account, regardless of the termination of the account. In practice, this means that if the data is part of the accounting documents, for example if the data is stated in documents related to contracts between KINKY and the Customer (e.g. in orders) or in invoices issued.
The client will respond in any case about the accuracy of the data provided.
In accordance with the provisions of current regulations applicable in this respect, KINKY informs you that the data you provide will be included in a file under KINKY’s responsibility to provide services for you under contract and to provide commercial and promotional information directly or indirectly related to our services, electronically or by any other means, provided that you have given your explicit consent.
Customers may exercise their rights of access, cancellation, rectification or objection at any time, subject to the conditions set out in the privacy policy, by going to the above address, attaching a photocopy of their identity card or an official document proving your identity.
The client, having been informed of the operation of the applicable law in this respect, expressly agrees that all data provided may be transferred for the said purposes to the channel agents and distributors who cooperate with KINKY in the promotion and sale of its Services, as such transfer is strictly necessary to manage the services contracted by the client with KINKY. Such agents or intermediaries will not use your data for any other purpose.
The consent given by the client to process his data in the manner set out in this privacy policy is revocable without retroactive effect.
Client expressly authorises KINKY to enable it to analyse Client’s solvency by contacting any sources of information available on the market for this purpose. The data obtained will be included in the client’s files in order to accept, maintain or cancel, if applicable, the contractual relationship.
Personalised advertising profile on the KINKY website
Purpose of data processing: to create an advertising profile to represent the services advertised.
Data subjects: individuals advertising thematic services and products, according to the categories listed on the Website, escort services, and individuals provided by escort agencies.
Legal basis for data processing: the consent of the data subject provided when creating the advertising account.
Personal data to be processed: nickname, age, nationality, advertising country, advertising city, sexual orientation, target group, about me, height, weight, bust, hips, waist size, hair colour, eye colour, spoken languages, favourite drink, favourite music, uploaded photos, photo validation, porn star name, hobbies, uploaded videos, contact details (website address, phone, email address)
Recipients of personal data and categories of recipients: employees of KINKY or third parties involved in customer service, marketing activities, employees involved in processing and storing data for the IT service provider.
Retention period for personal data: until the data subject’s consent is withdrawn, for a period of 6 months after the account is deleted.
KINKY informs its users that some of this data is of a particularly personal nature (e.g. sexual orientation), providing such data is voluntary and completing the profile is considered written consent. If you choose to provide this information in your profile and advertisements, we will post it on the Website and use it to customize features and services. All users who have authorized access to your account can view personal information stored in the account, including phone number, service records, ratings, comments.
Data processing related to newsletter services.
Users registering for the newsletter consent to the management of their personal data by ticking the appropriate box. A user who wishes to unsubscribe from the newsletter can do so using the “Unsubscribe” function or in writing, or by sending an application by e-mail at any time, this constitutes withdrawal of consent. In this case, all user data must be deleted immediately.
KINKY adopts the security measures required by the laws on the processing of personal data. The data protection and data processing information on the kinkysexstuff.com website, its sub pages and other pages complies with the requirements of the Rules for the protection of individuals with regard to the processing of personal data on the free movement of such data, 2016 / 679 (27 April 2016) regulation of the EUROPEAN PARLIAMENT AND COUNCIL (EU) and repealing regulation 95/46 / EC (regulation on general data protection), as well as the recommendations of the “Online Privacy Alliance”. Including but not limited to Directive 96/46 / EC (Data Protection Directive) or GDPR and any national implementing laws, regulations and secondary legislation while GDPR is in force in the UK; the General Data Protection Regulation (EU) 2016/679; the Privacy and Electronic Communications (EU Directive) Regulations 2003 as amended by the Privacy and Electronic Communications (EU Directive) (Amendment) Regulations 2011;
This includes internal reviews of our information collection, storage and processing methods and security measures, as well as physical security measures to protect against unauthorised access to the systems on which KINKY stores personal information.
In order to control the client’s session, kinkysexstuff.com uses cookies when navigating through it. The cookies used are not temporary, meaning they do not disappear at the end of the session. Thus, this cookie is stored on disk, and when the client closes the session, the cookie continues to appear there. The cookies used cannot read data from your hard drive or cookies created by other suppliers. The cookies used are not harmful and are only used during the client session. The client has the option to set their browser to display a cookie alert. Please refer to your browser’s instructions and manuals to extend this information. In order to use this website, the client must allow the installation of cookies. In case the cookie service and/or Java Script is deactivated, the kinkysexstuff.com website will display a warning indicating this fact that the above mentioned page is not working properly.
In accordance with the law in England and Wales, KINKY services can be used by people over the age of 18. If you are under 18 you cannot use these services or provide personal information to KINKY.
general
You may not transfer any of your rights under this privacy policy to another person. We may transfer our rights under this privacy policy if we reasonably believe that your rights will not be affected.
If any provision of this privacy policy (or part of any provision) is found by any court or competent authority to be invalid, unlawful or unenforceable, that provision or part of that provision will, to the extent necessary, be deemed deleted and the validity and enforceability of the other provisions of this privacy policy will not be affected.
Unless otherwise agreed, no delay, act or omission by a party in exercising any right or remedy shall be deemed a waiver of that or any other right or remedy.
This Agreement shall be governed by and construed in accordance with the laws of England and Wales. All disputes arising under the Agreement shall be subject to the exclusive jurisdiction of the courts of England and Wales.
Changes to this privacy policy
KINKY reserves the right to change this privacy policy as we may from time to time consider necessary or as required by law. Any changes will be posted on the Website immediately and you will be deemed to have accepted the terms of the privacy policy when you first use the Website and after the changes have been made.
For any questions regarding the above information you can contact KINKY by emailing info@kinkysexstuff. com
List of pornography laws by country
Pornography laws differ widely from region to region. Below is a brief summary of pornography restrictions, sorted by country:
Australia
Technically it is illegal to sell or rent X-rated material in all states of Australia, but it is not illegal to possess X-rated material, and the sale or rental of X-rated material is legal in the Northern Territory and ACT. As the Australian constitution prohibits states from regulating interstate commerce, it is legal to purchase pornography from stores in either territory and bring it interstate. This law means the majority of Australian mail order operations for adult material operate from the ACT.
Ratings for the X18+ category were tightened in 2000 to ban material featuring some fetishes or which appeared to include minors. In 2007 the Howard Government made the possession of X18+ pornography illegal in some Aboriginal communities.
Austria
“Youth-imperiling” materials or those which violate human dignity may not be displayed or sold to persons under 16 years of age. Nudity is not assumed as such material.
Brazil
Child pornography is a crime; all actors must be 18 or older. Regular pornography (not involving bestiality/snuff) is legal. Male actors in local movies must wear condoms in penetration scenes. When sold at public places, magazine and DVD covers that depict genitalia must be hidden from public view. Any pornography can only be sold to people 18 or older, but enforcement is generally lax.
Bulgaria
Formally production or distribution of pornography in Bulgaria is a crime. However, there is no clear concept of the difference between pornography and erotica and the authorities tolerate distribution of hardcore in the specialised shops or by TV after 11 pm. In reality only child pornography is prosecuted. Hardcore pornographic material is forbidden for distribution to persons under the age of 18. Softcore material is rarely censored. Magazines and pornographic papers have become increasingly available since the fall of communism in 1989, and local editions of many international magazines are published.
Canada
Hardcore material is legal in Canada to anyone over the age of majority (18 or 19 depending on province). Sales to persons under 18 (varies by province) is prohibited, though they may own it. Most materials are sold in adult stores or websites, despite no specific law controlling the distribution. Canada Border Services Agency is empowered to stop the importation of materials prohibited under obscenity laws; many gay and lesbian bookstores have charged that this is applied in a discriminatory way to same-sex pornographic materials. Conversely, some over-the-air television stations (particularly Citytv and TQS) often broadcast softcore pornographic films after midnight. Hardcore films also air on MExcess, one of the seven multiplex channels operated by The Movie Network. In addition, pornographic films may be publicly shown (to those above the age of 18) and advertised, as is the case in some stores on Toronto’s Yonge Street. It is illegal for a person under the age of 18 to appear in any pornographic film produced in Canada, regardless of whether such participation is a sexual act. It is also illegal for someone “depicted” as being under the age of 18 to appear in a pornographic film, regardless of age. Child pornography is illegal in Canada. The Canadian government is introducing what it says are the most stringent laws against internet child pornography in the world. Its proposal, contained in a wide-ranging justice bill, would make not just downloading or the possession of child porn a crime, but cause surfing for child porn to constitute an offence as well. See also Censorship in Canada.
Denmark
Ban on pornographic literature was lifted in 1967. In 1969 Denmark was the first country in the world to legalize pornography.
Child pornography is illegal. [Section 234 of the “Danish Criminal Code” (1969), reads whoever ‘sells indecent pictures or objects to a person under 16 years of age’ is to be punished by a fine. Section 235 (1980) has a special provision concerning the reproduction and sale of child pornography, that is, sexually explicit photographs of persons who appear to be under 15 years (the taking of such pictures was always a criminal offence).] It is illegal to distribute image or video pornography with persons under the age of 18. Though the age of consent is lower at 15. It is, however, not illegal to possess images or videos of people above 15 if the person filmed or photographed has given consent.
People in Denmark have free access to pornography; it is sold in most convenience stores, and is available for purchase or rental in practically every video store, including Blockbuster. There are a few regulations, such as being placed out of the eyesight of children. Pornography may not be sold to persons under the age of 15. The TV-channel Kanal København broadcasts hardcore pornography free and uncoded at night.
There are no specific restrictions against animal pornography, this is regulated by animal cruelty laws. If no harm or pain has been inflicted on the animal, or otherwise caused it harm, no legal action can be taken. This lack of legislation has allegedly made Denmark a center for the production of animal pornography, however this was dismissed as a myth by Det Dyreetiske Råd (a legal council), which in November 2006 published an extensive report on the topic of animal sex. [http://www.justitsministeriet.dk/fileadmin/downloads/Pressemeddelelser2006/d.pdf]
Further reading:
* Morten Thing: “Pornografiens historie i Danmark” (Aschehaug, 1999)
* Berl Kutchinsky: “Law, pornography, and crime: The Danish experience” (Pax Forlag, 1999)
Egypt
It is completely illegal in Egypt and all Arab Countries Fact|date=September 2008. However, unlike Saudi Arabia and UAE, web sites featuring pornography are not blocked.
Finland
Child, violent and bestiality pornography is banned [ [http://www.finlex.fi/sv/laki/ajantasa/1889/18890039001 Strafflag, 17 KAP, 18 §] ] . It is allowed to sell pornography in every store, but magazines to buyers of 15 years or older and hardcore to buyers of 18 years or older.
Before 1 January 1999, all indecent publishing, import and export were banned [ [http://www.finlex.fi/sv/laki/alkup/1927/19270023 Lag angående undertryckande av osedliga publikationers spridning] ] .
France
Extremely violent or graphic pornography is considered X-rated, may be shown only in specific theaters, and may not be displayed to minors. Incurs special taxes on revenue (33% for X-rated movies, 50% for pornographic online services). The rating system is controversial; for instance, in 2000, the sexually explicit and violent “Baise-moi” was initially rated as “restricted” by the French government, but this classification was overturned by the “Conseil d’État” ruling on a lawsuit brought by associations supporting Christian and family values.
Germany
Child pornography is banned. Although law defines a child to be a person under the age of 14, no pornographic material may involve persons below the age of 18. Hard pornography (violence and animal related) may not be produced or distributed; possession is allowed. Hardcore pornography is restricted to buyers of 18 years or older. If a store is accessible to minors, the material must not be on display and may only be sold discreetly and by request. The law defines pornography to be hardcore pornography, thus anything else is not restricted.
Greece
Softcore magazines, calendars, and decks of cards are sold openly at roadside kiosks and tourist shops. Extreme or graphic pornography is generally restricted to adults or X-rated. Apart from that, there are no other restrictions to pornography distribution and possession, while the law stating than hardcore pornography is to be supplied only to adults is frequently ignored and rarely enforced.
Hong Kong
Illegal if sold or shown to children under 18 of age, or if publicly displayed (except within the confinements of and only visible from inside “a bona fide art gallery or museum”), or if published without being wrapped completely without an “easily noticeable” notice stating that the material may be offensive and may not be distributed to minors. [cite web | url=http://www.legislation.gov.hk/BLIS_Export.nsf/CurAllEngDocAgent?OpenAgent&Chapter=390 | title=Control of Obscene and Indecent Articles Ordinance | accessdate=2006-08-26]
Hungary
Illegal if sold or shown to children under 18 of age. Display of genitals on cover of magazine is not prohibited.
Iceland
Child pornography is illegal. A minor (a person under 18) can not watch or buy porn.
Ireland
No laws against pornography (other than child pornography) as such exist; however, there “are” censorship boards with the power to ban the import, the sale, or the distribution of individual publications and films. At one time the list of banned books ran into the thousands, though in recent years (particularly since the mid 1990s) very few (practically none) publications or films have been banned, and those that were previously banned have had their bans reversed.
India
Pornography in India is illegal and attracts several penal provisions.Fact|date=June 2008 However, enforcement is extremely lax and pornographic materials are easily available.Fact|date=June 2008 The law also states that distributing and accessing pornography is illegal.Fact|date=June 2008 Pornographic films in India are referred to as Blue Films and are available virtually anywhere; especially in areas where pirated material is already being sold.
Indonesia
Still unknown, some said illegal, others said legal. This problem is now being discussed in the parliament. It is planned that there will be UUAPP (Anti-Pornography law), a controversial law. Muslims in Indonesia encourage the government to quickly pass this law, but some secular artists argue that pornography is an art, so banning pornography is killing creativity.
Iran
Pornography is illegal in the Islamic Republic of Iran. However, due to widespread internet access (in particular, downloading programs) and the existence of a large-scale black market in Western films, pornography is not completely unknown in the country and is called “super film”. In a law that in mid-2007 was passed by parliament but still required approval of the Guardian Council, producers of a pornographic film face execution if found guilty. [cite web | url=http://abcnews.go.com/International/wireStory?id=3276645 | title=Iran Parliament Backs Porn Death Penalty| accessdate=2007-10-31] .
Israel
Israeli law defines a few prohibitions on child pornography and on pay per view television (PPV was legal but now only softcore porn allowed on TV). Otherwise, pornography can be sold, bought and produced in Israel.
Italy
In Italy pornographic films are rated for viewers aged 18 and over, child porn is illegal (child meaning a person under 18), snuff is illegal and sex acts involving animals are illegal.
Japan
As in Europe, photographs of nudes are not uncommon in the mainstream media. In the 1970s and 1980s, the strongest prohibition was against showing pubic hair or adult genitalia. Imported magazines would have the pubic hair scratched out, and even the most explicit videos could not portray it. Starting around 1991, photobook publishers began challenging this ban to the point where pubic hair is now fairly well accepted. Close-ups of genitalia remain proscribed. In 1999, the government enacted a law banning photos and videos of naked children, which were a fairly common sight in mainstream media before that time. Manga and anime remain largely unregulated, although large publishers tend to self-censor (which is rare if compared to the United States, as nudity is more accepted in Japan) or specify that characters are at least 18 years of age.
Lebanon
It is illegal to produce and/or broadcast pornography on national television stations, although pornographic magazines and movies are widely sold, mostly pirated – a common Lebanese piracy issue – but if found by authorities, magazines are packed in black bags for censorship. Even though porn production is illegal in Lebanon, enforcement is lax, and local productions are widely found.
Malaysia
Illegal.
Mexico
Illegal if sold or shown to children under 18 years of age. Enforcement is lax. Magazines or comics featuring softcore (and some hardcore) pornography are commonly sold in newsstands. After midnight, softcore films and shows are shown on a few cable TV channels.
Netherlands
Child pornography is illegal. Otherwise liberal laws. Magazines sold openly at normal newsstands. Pornographic movies are rated for viewers 16 or over including hardcore. Material involving animals declared illegal in 2006 due to new animal-welfare laws.
New Zealand
Illegal for sale under 18 years of age, however rarely inforced. Generally liberal, although the most extreme forms of pornography (pedophilia, rape, bestiality, etc.) are classified as objectionable material by the law.
Norway
Hardcore material was for a long time illegal de jure, but legal in practice, that is, illegal to produce, distribute and sell, but legal to possess. One could e.g. acquire it abroad, on the internet, or via satellite TV. There were also some illegal porn shops, especially in the larger cities. To satisfy legal requirements, editors of erotic magazines, domestic TV channels and cable TV obscured “sexual organs in activity” using black rectangles etc. After the Supreme Court on 7 December 2005 unanimously acquitted a former magazine editor for publishing unobscured hardcore pornography in 2002, however, it is understood that printed hardcore pornography is no longer illegal, and pornographic magazines and movies were introduced in general stores from 2006. Public TV as well as cable TV seems to stay with the old rules, and is not yet clear if the Supreme Court decision will affect TV. (NB: The depiction of illegal sexual activities, such as those involving children, animals, necrophilia, rape, violence or the use of force, remains illegal.) [cite web | url=http://www.dagbladet.no/kultur/2005/12/07/451567.html | title=Høyesterett sier ja til porno – Dagbladet.no | accessdate=2006-08-26] [cite web | url=http://www.aftenposten.no/nyheter/iriks/article1174004.ece | title=Porno-frifinnelse i Høyesterett | accessdate=2006-08-26] [cite web | url=http://www.nrk.no/nyheter/kultur/5301377.html | title=NRK.no – Kultur | accessdate=2006-08-26]
Pakistan
Pornography is illegal. However they are easily accessible in most parts of the country especially in privately owned video shops and through the internet. They are commonly referred to as “Blue Print” movies.
People’s Republic of China
Internet pornography was outlawed in the People’s Republic of China effectively in 2002, when the state censors issued guidelines demanding that all websites remove any and all pornographic material. [cite web
url=http://www.usatoday.com/tech/news/2002/01/18/china-internet.htm
title=China creates stern Internet, e-mail rules
date=2002-01-18
publisher=USA Today (www.usatoday.com)
accessdate=2008-01-01
last=
first=] . Enforcement is strict and laws are inflexible, with the official stance being a hard-lined opposition to pornography. The government reinforced and restated its position and started a crackdown in 2004, jailing a woman in the process. [cite web
url=http://www.theregister.co.uk/2004/08/16/china_jail_xxx/
title=China jails woman in porn crackdown
date=2004-08-16
publisher=The Register (www.theregister.co.uk)
accessdate=2008-01-01
last=Richardson
first=Tim]
Since 2008, the production of pornographic movies has been banned by the state censors, the State Administration of Radio, Film and Television’s prohibition has been kept absolute, and the government refuses to alter this stance. Any directors, producers and actors involved in pornographic movies haven disallowed from competing in any film competitions. Any movie studio found in violation of this ban may have their licenses revoked. [cite web
url=http://www.upi.com/NewsTrack/Quirks/2008/01/01/production_of_xxx_movies_banned_in_china/3162/
title=Production of XXX movies banned in China – UPI.com
date=2008-01-01
publisher=United Press International (www.upi.com)
accessdate=2008-01-01
last=
first=]
As a result of regulators and censorship, adult films and media can only obtained through the internet and in black markets.
Philippines
Any kind of pornography is illegal in the Philippines. This is due to the influence of very conservative political parties, such as the MTRCB, and Christian groups and churches, such as The Church of Jesus Christ of Latter-Day Saints and others [cite web
url=http://mentalhealthlibrary.info/library/porn/pornlds/pornldsauthor/links/philippine/pornx.htm
title=Pornography: Society at Risk
publisher=mentalhealthlibrary.info
accessdate=2008-01-01
last=
first=] . However, the current law does not specifically outlaw webcam sex sites, which are often based in the Philippines, plus enforcement is lax [cite web
url=http://www.philippines-for-men.com/blog/%5Buser%5D/legality-cam-porn
title=The legality of cam porn | Philippines For Men
publisher=www.philippines-for-men.com
accessdate=2008-01-01
last=
first=] .
One such example was in July 2008 when a congressman and 11 Baptist pastors sued 7 publications for ‘pornographic content’.
Abante and 11 other pastors of the Baptist organization Bible Mode sued the publishers of the magazines FHM (For Him Magazine), Maxim, Playboy Philippines, Playhouse, and the tabloids “Sagad”, “Hataw”, “Baliktaran”, and “Toro”.
The complaint said that they showed obscene, erotic, and lascivious pictures; sexual acts; sexual intercourse and the display of the genitals, female breasts, anus, and other private parts; and intended to draw lust and arouse prurient interest. [http://newsinfo.inquirer.net/breakingnews/metro/view/20080707-146987/Solon-11-pastors-sue-7-publications-for-porn-content Philippine Daily Inquirer – 07/07/2008 Solon, 11 pastors sue 7 publications for ‘porn’ content]
Poland
Since September 1998, and according to Section 202 of the national Penal Code, pornography is legal except pornography materials with minors below 18 years old, bestiality (zoophilia) and “scenes of violence/rape”. Also illegal is presenting/showing pornography materials to people who do not want to have any contact with pornographic materials and to persons under 18 years of age. The possession of child pornography is illegal. Pornographic magazines and movies are sold in transparent plastic bags openly in kiosks, oil stations, etc.
Romania
Pornography is legal in Romania. Magazines must be enclosed in plastic bags(or something else) with a small red square printed on the enclosing material and pornographic TV channels offered by cable operators must be encrypted. Pornographic materials cannot be sold to minors under 18. Also, actors and actresses must be of at least 18 years of age.
Russia
The legal status of pornography is uncertain. The law criminalizes only the ‘illegal’ production and selling of pornography (which implies that sometimes it can be legal), but two factors make enforcement of the law difficult: (1) the law does not define what pornography is, and (2) the law does not define when production/selling is legal or illegal. But production, distribution and public demonstration of child pornography (below 18 y.o.) is a crime punishable by imprisonment. Possession is not a crime, if there is no intent to distribute or exhibit.
In the Stalinist period, the importation of pornography to the USSR was a capital offence. Genrikh Yagoda, the third head of the NKVD, was accused during his trial (besides espionage and high treason) of storing a great number of pornographic films and pictures. Such accusations were also faced by Yezhov, who followed Yagoda.
audi Arabia
Like much of the Arab world, pornography is highly illegal.
Singapore
Pornography is illegal in Singapore. Hotels offer pay per view pornography.
South Africa
Pornography rated X18 is legal if sold to persons over the age of 18 in registered stores. It is illegal to host a pornographic web site in South Africa because of the difficulty of age-verification and the requirement that pornography only be distributed from designated, licensed physical premises. Child pornography is completely illegal (rated XX) in any form, including the written word. It is illegal to visually represent bestiality (also rated XX), but not illegal in text descriptions. Violent pornography is illegal in any form. It is legal to produce pornography that would be legal to consume.
Distribution of pornography is regulated by the Films and Publications Act of 1996 [http://www.info.gov.za/acts/1996/a65-96.pdf] which is enforced by the Films and Publications Board [http://www.fpb.gov.za/home_page.asp] .
Spain
Legal, very lax regulation. Not allowed to people under 18 years old. It is illegal to display pornographic material at newsstands, but the great majority do so. In the city centres there are sex shops. E-commerce merchants from all around the world use I.P.S.P. (internet clearing services) from Spanish banks.
Sri Lanka
It is illegal to sell pornographic content but it is widely sold in Sri Lanka. And even pornogrpahic movies are made inside the country.
Sweden
No age limits at all. Some shops follow a voluntary 18 year limit. Illegal for persons below 18 to act in films or pose for photography made in Sweden. Video and stills are illegal if actor is below 18 even if legal in originating country. Material that may involve animals is “de facto” legal; however, it is subject to animal-welfare laws. BDSM is classified as “illegal depiction of violence,” but the law is rarely used to ban any such material.
Taiwan
The sale or display of pornographic material to children under 18 years of age is illegal in Taiwan. The display of genitals on the cover of magazines is prohibited unless obscured.
Thailand
Pornography laws in Thailand are strict and pornography is illegal. Child pornography is illegal apart from the sex trafficking and adolescent prostitution. Other forms of pornography such as yaoi and hentai are illegal but common over the internet.
Turkey
It is illegal in Turkey to diffuse “obscene” images, words or texts through means of communication. [Article 226/II of the “Turkish Penal Code” 2004. The penalty is imprisonment from 6 months to 3 years.] [ [http://www.tbmm.gov.tr/kanunlar/k5237.html “Türk Ceza Kanunu”] at the website of the Grand National Assembly of Turkey tr icon] However, unlike Iran, Saudi Arabia and China, web sites featuring pornography are not blocked, and it’s not unusual to see people selling pornographic cds on streets.
United Kingdom
In England and Wales, the main legislation on pornographic materials is contained in the Obscene Publications Act 1959, the Obscene Publications Act 1964 and the Indecent Displays (Control) Act 1981. Video-orientated depictions of hardcore material (with certain exceptions for works considered primarily ‘artistic’ rather than pornographic) were illegal until 1999, when trade-barrier difficulties with regards to European Community membership ensured the relatively free movement of such goods for personal importation only. R18-rated videos are only available in licensed sex shops, but hardcore pornographic magazines are available in newsagents’ (shops selling newspapers, magazines, confectionary, et cetera). Purely textual pornography has not been prosecuted since the “Inside Linda Lovelace” trial of 1976. The Home Office brought forward legislation to criminalise possession of what it has labelled extreme pornography, now contained in sections 63 to 68 of the Criminal Justice and Immigration Act 2008 [ [http://www.opsi.gov.uk/acts/acts2008/ukpga_20080004_en_9#pt5-pb1-l1g63 Criminal Justice & Immigration Act 2008 ] .
Child pornography is illegal (child is defined as a person under 18) to possess, make (in terms of electronic copies) and to distribute, and is punishable by up to 10 years custodial sentence on conviction. In England and Wales the law on this type of material is strictly defined by the Protection of Children Act 1978, Section 160 of the Criminal Justice Act 1988, further amended by the Criminal Justice and Public Order Act 1994 to include pseudo-photographs, and the Sexual Offences Act 2003 which raised the age from 16 to 18 (the age of consent in the UK is still 16). Sales of pornography is for over 18s only. In Scotland, similar provision is to be found in sections 52 and 52A of the Civic Government (Scotland) Act 1982, which was also amended by the 1994 Act and by the Protection of Children and Prevention of Sexual Offences (Scotland) Act 2005.
United States
Hardcore material is only illegal at the Federal level if it meets the Miller test of obscenity, which is rare. Child pornography involving actual children engaged in sex acts, or posing, is a crime on the Federal level punishable by a minimum of 15 years and a maximum of 30 years; for the purpose of the statute, “child” is defined as meaning a person under the age of 18. The United States law has some of the world’s harshest penalties against child pornography. The law against simulated child pornography was struck down by the Supreme Court in 2002 in the case Ashcroft v. Free Speech Coalition; however, this opinion seems to have been superseded by the adoption of the PROTECT Act of 2003. Prosecution for, and tolerance of, pornography varies widely from state to state and city to city. Certain materials and/or acts have been self-regulated out of mainstream porn. Pornographic materials may not be made available to persons under 18 years of age. Some attempts at restricting pornography on the Internet have been struck down by the courts; see: Internet pornography.
Vatican City
See Italian laws.
Vietnam
Illegal. Enforcement is strict. According to the legislatures, pornography harms Vietnamese standard values. [cite web | url=http://www.catwinternational.org/factbook/Vietnam.php | title=Vietnam – Coalition Against Trafficking of Women | accessdate=2006-08-26]