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PDF (Revised Version) Durham E-Theses Investigating Young People's Perspectives on Pornography and its Legal Regulation LAWRENCE, MATSON How to cite: LAWRENCE, MATSON (2015) Investigating Young People's Perspectives on Pornography and its Legal Regulation, Durham theses, Durham University. Available at Durham E-Theses Online: http://etheses.dur.ac.uk/12496/ Use policy The full-text may be used and/or reproduced, and given to third parties in any format or medium, without prior permission or charge, for personal research or study, educational, or not-for-prot purposes provided that: • a full bibliographic reference is made to the original source • a link is made to the metadata record in Durham E-Theses • the full-text is not changed in any way The full-text must not be sold in any format or medium without the formal permission of the copyright holders. Please consult the full Durham E-Theses policy for further details. Academic Support Oce, Durham University, University Oce, Old Elvet, Durham DH1 3HP e-mail: [email protected] Tel: +44 0191 334 6107 http://etheses.dur.ac.uk 2 Investigating Young People’s Perspectives on Pornography and its Legal Regulation Matson Lawrence Doctor of Philosophy Durham Law School and the School of Applied Social Sciences 2015 Abstract This thesis investigates young people’s perspectives on pornography and its legal regulation. Having identified lacunas in the existing literature and empirical research base, this thesis considers three main areas: how young people define pornography; the range of pornography viewed by young people, and; young people’s perspectives on the legal regulation of pornography. In-depth interviews were conducted with eighteen young people aged 18-25 in England and Scotland, with a novel research method – Spectral Elicitation – developed and incorporated into the empirical research design. The research found that young people’s definitions of pornography largely echo those in existing literature and legislation, and found that by establishing definitions with participants contextual unity between the thematic focus and the empirical findings of the research can be ensured. Young people had viewed a wide range of pornographic materials, with the research finding that unsolicited contacts were often regarded as a necessary evil of viewing pornography. Within this, significant proportions of young people had viewed materials of a violent or ‘extreme’ nature. With legal regulation, the research found that: young people generally thought more materials are and should be criminalised than currently are under the CJIA 2008 and the CJL(S)A 2010, with minimal support for possession offences; young people generally did not look to legislation to establish ethical precedents when negotiating access to materials, and; animated materials, depictions of rape, and perceptions of sexual consent within pornography are significant areas requiring further consideration. This research revealed that there is greater scope for qualitative research in the academic study of pornography, including utilising innovative and ethically-sound elicitation methods when investigating complex and potentially sensitive issues. This thesis recommends further empirical research on the range of materials viewed by young people and their perspectives on these materials, utilising mixed methods incorporating both large-scale surveys and further in-depth studies. Contents LIST OF TABLES, FIGURES AND GRAPHS x LIST OF ABBREVIATIONS xiii STATEMENT OF COPYRIGHT xiv ACKNOWLEDGEMENTS xv DEDICATION xvi INTRODUCTION xvii CHAPTER 1 LITERATURE REVIEW 1 1.1 Defining Pornography 1 1.1.1 Legal Definitions 2 1.1.2 Definitions in the Literature 7 1.2 Pornography and Young People 14 1.2.1 Overview of Existing Empirical Research 15 1.2.2 Young People, Pornography, and Policy Reports 26 1.3 The Regulatory Framework for Pornographic Materials 32 1.3.1 Obscene Publications Acts 32 1.3.1.1 Criticisms of the OPA 33 1.3.2 ‘Extreme’ Pornographic Materials 36 1.3.2.1 Criminal Justice and Immigration Act 2008 Provisions 38 1.3.2.2 Criminal Justice and Licensing (Scotland) Act 2010 Provisions 39 1.3.2.3 Defining Possession 40 1.3.2.4 Criticisms of the ‘Extreme’ Pornography Provisions 43 1.3.2.4.1 The ‘Real’ Image Stipulations in the CJIA 2008 44 1.3.2.4.2 Depictions of Rape 48 1.4 Summary: Literature Review 50 CHAPTER 2 METHODS AND METHODOLOGY 52 2.1 Research Questions 53 2.2 Research Design 54 2.2.1 Spectral Elicitation Method 58 2.2.1.1 Development of the Method 58 2.2.1.2 Spectral Elicitation in the Interview Context 62 2.3 Participants 72 2.3.1 Participant Recruitment 72 2.3.1.1 Changes to Participant Recruitment Process 75 2.3.2 Participant Demographics 79 2.3.3 Motivation to Participate 85 2.4 Ethics 90 2.5 Data Collection 98 2.5.1 Interview Design 98 2.5.2 Pilot Interviews 101 2.5.3 Interview Sites 102 2.5.3.1 Changes to Interview Sites 105 2.6 Data Analysis 107 2.6.1 Data Analysis: Research Question 1 109 2.6.2 Data Analysis: Research Questions 2 and 3 and Spectral Elicitation Outcomes 111 2.7 Reflections on the Research Process 115 2.8 Summary: Methods and Methodology 118 CHAPTER 3 FINDINGS I: HOW YOUNG PEOPLE DEFINE PORNOGRAPHY 119 3.1 Young People’s Definitions of Pornography 120 3.1.1 People Engaged in Sexual Activity 121 3.1.2 Sexually Explicit / Sexual Content 122 3.1.3 Materials Produced for the Purpose of Sexual Arousal 124 3.1.4 Nudity 126 3.1.5 Materials Consumed for the Purpose of Sexual Arousal 128 3.1.6 Involvement of Capital 129 3.1.7 Private / Taboo 130 3.1.8 Negative Depictions and Unrealistic Portrayals 131 3.2 Pornographic Media 132 3.3 Contextualising Young People’s Definitions of Pornography 136 3.4 Summary: How Young People Define Pornography 139 CHAPTER 4 FINDINGS II: THE RANGE OF PORNOGRAPHY VIEWED BY YOUNG PEOPLE 141 4.1 Young People’s Interactions with Pornography 142 4.1.1 Contexts of Viewing Pornography 142 4.1.1.1 Viewed Pornography Alone 142 4.1.1.2 Viewed Pornography with a Partner 143 4.1.1.3 Group Viewing: Viewed pornography with peers 146 4.1.2 Media through which Pornography is Accessed 154 4.1.3 Cessation and Reduction of Pornography Consumption 155 4.1.4 Initial Contacts with Pornography 162 4.1.4.1 Age of Initial Contacts with Pornography 162 4.1.4.2 Context of Initial Contacts with Pornography 162 4.1.4.3 Content and Media of Initial Contacts with Pornography 164 4.1.5 Self- and Peer-Produced Sexually Explicit Materials and the Replication of Sexual Acts as Depicted in Pornography 164 4.1.5.1 Replication of Sexual Acts as Depicted in Pornography 165 4.1.5.2 Production and Sharing of Self- and Peer-Produced Materials 168 4.1.5.3 Viewed Sexually Explicit Materials Depicting Peers 169 4.2 The Range of Pornographic Content Viewed by Young People 171 4.2.1 Mainstream Pornographic Content 174 4.2.1.1 Heterosexual Pornographic Content and Sexual Preference 175 4.2.1.2 Threesomes: Three People Engaged in Sexual Activity 178 4.2.1.3 Oral Sex Performed on Men and Visible Ejaculation 179 4.2.1.4 Sexual Activity Between Women 184 4.2.2 Niche Pornographic Content 185 4.2.2.1 Storyline and the Propensity towards ‘Gonzo’ Materials 186 4.2.2.2 Infantilisation: People Depicted as being Underage 189 4.2.2.3 Fisting 191 4.3.2.4 Urine 192 4.2.2.5 Vomit and Faeces: The Case of Two Girls, One Cup and ‘Shock’ Videos 193 4.2.3 Violence-Related Pornographic Content 197 4.2.3.1 BSDM: Consent and Scripted Violence 199 4.2.3.2 Spanking and Slapping 206 4.2.3.3 Choking and Strangulation 209 4.2.3.4 People and Animals 213 4.2.3.5 Rape, ‘Rape Fantasy’ and Negotiating Consent 215 4.3 Summary: The Range of Pornography Viewed by Young People 223 CHAPTER 5 FINDINGS III: YOUNG PEOPLE’S PERSPECTIVES ON THE LEGAL REGULATION OF PORNOGRAPHY 224 5.1 Materials Currently Criminalised in England and Scotland 226 5.1.1 Materials Currently Criminalised: Production Distribution and Possession Offences 232 5.2 Young People’s Perspectives on what Materials Should be Criminalised 234 5.2.1 Perspectives on Production, Distribution and Possession Offences 235 5.3 The Impact of Criminalisation upon Young People’s Decisions to Access Materials 243 5.3.1 Criminalisation as Deterrent 244 5.3.2 Low Impacts of Criminalisation 246 5.4 Young People’s Perspectives on the ‘Real’ Image Stipulations 252 in the CJIA 2008 5.5 Perspectives on the Capacity for Pornography to ‘Deprave’, ‘Corrupt’ and Harm 266 5.6 Summary: Young People’s Perspectives on the Legal Regulation of Pornography 276 CHAPTER 6 CONCLUSION 278 6.1 Summary of Findings 278 6.1.1 Young People’s Definitions of Pornography 278 6.1.2 The Range of Pornography Viewed by Young People 279 6.1.3 Young People’s Perspectives on the Legal Regulation of Pornography 281 6.1.4 Empirical Research Methods and Spectral Elicitation 283 6.2 Limitations and Considerations 284 6.2.1 Generalisability and Sample Size 284 6.2.2 Deaf and Disabled Participants 285 6.3 What this research adds to existing knowledge on young people, pornography, and its legal regulation 286 6.4 Directions for Future Research 291 APPENDICES Appendix 1. Spectrum Materials 294 Appendix 2. Sample Letter and FAQ for Participant Recruitment Sites 297 Appendix 3. Sample Call for Participants 299 Appendix 4. Demographics Form for Participants 300 Appendix 5.
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