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Porn … again.

2 August 2018

There is quite a stir in the Mexican media over claims that the Supreme Court (SCJN for its initials in Spanish) has outlawed all pornography. This in a country where not too long ago, gay porn magazines were sold openly in front of the Metropolitan Cathedral (in the pre-internet days… you can still buy Ché Guevara tee-shirts and Mao’s Little Red Book there, however) and internet access is pretty wide-spread, I’d wonder how such a ruling would even be possible.

Turns out that porn itself is not illegal, but in considering a challenge to the constitutionality of the “Ley General para Prevenir, Sancionar y Erradicar los Delitos en Materia de Trata de Personas y para la Protección y Asistencia de las Víctimas” (the General law related to human trafficking)… specifically Paragraph three of Article 10 of that law (if you want to get that specific), the court upheld sanctions for those involved in exploitation. This has less to do with porn, per se, than with human trafficking, and what is defined as human trafficking.

What the court ruling does is define coercion… that it doesn’t have to be a direct threat, but could be an implied one (say, a threat to hold the passport of a foreign sex worker, or withholding narcotics from addicts), and acknowledgement (revenge porn and “hidden camera” porn) by all parties involved. In theory, watching a foreign produced porn video in which the performer was exploited would be a criminal act… but try proving it.

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