Is there such a thing as pornography addiction? Is the increasing prevalence of pornography use among youth and children a mental health problem?

Among the many lists of mental disorders is the debate on hypersexuality disorder, behavioural addiction, a problem related to compulsive sexual behaviour disorder, the most widespread manifestation of which is the compulsive consumption of pornography on the Internet.

The advent of the Internet and the ease of access to it has substantially modified the patterns of pornography consumption in our society, which has ceased to be a minority, sporadic and passive consumption and has become a widespread, habitual and interactive consumption.

If we try to encompass the definition of pornography, we would distinguish three types of sex-related content. Firstly, erotic content, which refers to sex in a relatively veiled way, in a minimally personal context or for aesthetic or artistic purposes. Secondly, soft-core pornography, which is pornography that, with the intention of producing sexual arousal, presents sexual images or sexual acts in a way that is not excessively continuous or explicit. Thirdly, hard-core pornography, which repeatedly, explicitly and crudely presents the consummation of sexual acts, including extreme depictions of paedophilia, zoophilia, rape or sadomasochism. It is difficult to draw boundaries between these three concepts.

As far as our country is concerned, it is worth noting that out of the 30 most visited Internet sites, five are pages with pornographic content.

Does the elimination of certain taboos related to sex, as well as the generalisation of pornography consumption itself, lead to an increase in the social acceptance of such consumption…?

In terms of the nature of pornographic content consumed on the Internet, the most visited pornographic sites in the world are dominated by hardcore pornography.

Studies show that almost all of these portals include expressions that are demeaning to women, with degrading descriptions, as well as sexual acts without women’s consent.

It would be easy to conclude that a significant part of pornographic content eroticises physical pain, humiliation and violence against women.

The high incidence of pornography use among minors has started to raise alarm bells, as this group is at an early and crucial stage of their personal development, which makes them particularly vulnerable to pornographic content.

Does the profound pedagogical and socialising impact of audiovisual content raise the question of what patterns and models of sexual behaviour are spreading among the younger population?

Homemade pornographic messages are in vogue in high schools and other spaces, which is becoming common with the spread of sexting practices. This type of communication between adolescents places minors in a position of great vulnerability, as they leave very sensitive material in the hands of third parties, and it is not uncommon for them to be subsequently offended, threatened or blackmailed through its dissemination.

Is there evidence of a link between accessibility to pornography by adolescents and the generalisation of sexting practices, with all the negative consequences for the rights of minors that such practices entail?

A new practice of teenagers is “Dating Dady” in the form of “sugardaddy” “sugarbabby” subscriptions where more than 100,000 subscribers are unaware of a possible crime of disguised prostitution.

The new challenges presented by the easy access to the Internet by minors and the exponential increase in the phenomenon of consumerism create certain doubts about the minimal real effectiveness of the regulations currently applicable.

The legal rights and interests involved in the production, dissemination and consumption of this type of content should be rebalanced.

From the collective conscience of society, we should protect a group of consumers who are minors, enshrined as a guiding principle of social and economic policy in Article 39.4 of the Constitution.

Minors are not mature enough to decode these messages adequately, so they can harm “their physical, mental or moral development”, and their harmfulness will depend on the practices they represent, becoming worse the more crude, depersonalised, risky, violent or discriminatory they are.

The destructive and disabling nature of pornography among children is present in the legal provisions restricting its circulation and exhibition. These provisions are mainly contained in the Penal Code, given the importance of the protected public interest. Article 186 PC criminalises the offering of pornography to minors, while Article 189 punishes child pornography, a concept that encompasses “any visual and real representation of a minor engaged in sexually explicit activities”.

We highlight those relating to X films contained in Law 55/2007, of 28 December, on Cinema and those aimed at protecting minors included in Law 7/2010, of 31 March, General Law on Audiovisual Communication.

The existing regulatory framework governing pornography in relation to minors: is it a useful and effective tool? Is regulation overtaken by the reality of the moment? Why are more decisive measures not being taken to curb the free circulation of pornography on the Internet?

MERCÈ POMAR
Lawyer – Mediator
Brief systemic therapy
www.mercepomar.com