Freedom of Expression & the Protection of Minors
The evolution of the internet has revolutionised the accessibility of entertainment, information, and other forms of media. With that, social media platforms have become so readily available to almost all ages. As this growth of media spreads, so does the variety and exposure of sexually explicit content. It has, therefore, facilitated children and minors seeing this content and being inappropriately influenced without the proper guidance. This ease of access to sexually explicit material on the internet has sparked debates and raised concerns surrounding its impact on individuals and society. The internet has facilitated the observation of sexually explicit material, ranging from adult websites to explicit images, videos, and chat platforms. In Australia, some regulatory bodies try to regulate and restrict access to this content while balancing and protecting vulnerable minds and upholding individual rights and freedoms. Throughout this article, I will explore the ethical issues concerning sexually explicit material on the internet that could influence minors psychologically and physiologically and the laws to ensure that this particular type of material is appropriately regulated to keep minors safe while not infringing on adults’ freedom of expression.
When looking at the ethical concerns regarding sexually explicit material that has been put on the internet, we must first understand why these concerns are so significant. Although many websites have certain age restrictions, some platforms like Instagram and TikTok might still have content creators who post slightly pornographic material. This is in addition to other websites that contain pornographic or sexual advertisements and content. Jane Brown (2002) shows in her article that a national survey conducted on young people between the ages of 10 and 17 years revealed that of those who regularly use the Internet, one in four said they had encountered unwanted pornography in the past year, and one in five had been exposed to undesired solicitations or approaches (Finkelhor, Mitchell, & Wolak, 2000; as cited by Brown, 2002). While it is up to a mature audience to decide what they view, the human brain fully develops after the age of 25 and after their teen years; people are much less likely to be influenced by this content, although minors can also access it. One of my primary arguments for this restriction of sexually explicit material is the protection of minors. This content can harm children and adolescents by showing them themes they would not typically encounter. It negatively impacts their psychological well-being and shapes their understanding of healthy relationships and consent. “Exposure to online sex can also influence teens’ beliefs about gender roles” (Valkenburg & Piotrowski, 2017). Through this warped sense of gender roles, women are more often sexualised than men. The main consumers of pornographic or sexual content are typically male. This content may promote misogynistic behaviour in some men and give them unrealistic expectations concerning sexual relations, supporting unhealthy body images that they might impose on women in their lives. Another argument regarding these restrictions is the prevention of harm for women, especially. When examining most of this content, it largely revolves around women and the over-sexualisation of gender. “In both amateur and professional porn, women were ‘instrumentalised’ more than men; that is, their body parts were used for sexual gratification more often than those of men” (Valkenburg & Piotrowski, 2017). Exposure to this material frequently leads to and contributes to negative body image, unrealistic expectations regarding intimate relations, and the objectification of individuals, which are, in most cases, women. Young adults usually search for this content since it is not presented to them through safer measures like sexual education in schools until much later or discussed by their parents. “The media may be especially important for young people as they develop their own sexual beliefs and patterns of behaviour, and as parents and schools remain reluctant to discuss sexual topics” (Brown, 2002, p.42). In terms of protecting the youth, the internet has also become a hub for paedophiles and adults seeking sexual encounters with minors, facilitating human and sex trafficking. Sex offenders can use pseudonyms and fake identities to lure young children into unsolicited sexual conversations, often without parental knowledge. “A rather interesting outcome of the anonymity made possible by the Internet is that we can alter and disguise our identities” (Durking & Bryant, 1995; Lamb, 1998; McKenna & Bargh, 2000; as cited by Stem & Handel, 2001). This puts minors and vulnerable young adults at risk of being catfished, believing they are communicating with someone their own age rather than an individual twice their age.
Despite these restrictions, most may argue that it is an individual’s right to view this content as an adult. A main supporting argument for that case is freedom of speech. Through a case study found in America, where the government courts tried to restrict sexually explicit content to shield minors and children from viewing this material, it is shown that there was a major division in the decisions made. The ruling for this did not go through. “The Court’s official answer is strict scrutiny: Speech to adults may be restricted to serve the compelling interest in shielding children, but only if the restriction is the least restrictive means of doing so” (Volokh, 1997, p.141-142). Although freedom of speech and expression is not explicitly protected by the Australian Constitution (Australian Human Rights Commission, 1966), this argument can be tied to the dispute that all mature individuals have personal autonomy and privacy. Most adults argue that it is their fundamental right to consume such content as a form of self-expression and personal choice. However, even in some adult relationships, consuming sexually explicit material through this isolation of sexual preferences might impact the viewer’s preferences and views on certain practices. “Furthermore, as technology has isolated people from one another, nonnormative sexual behaviours are promoted in some individuals.” (Reid, 1998, as cited by Stern & Handel, 2001) Adults should have the autonomy to make their own choices regarding their personal lives, including consuming sexually explicit material. In turn, restricting this access is believed to infringe upon individuals' freedom of speech and expression and their own choices regarding their personal lives. In addition to these arguments, sexually explicit material, such as nude photography or paintings, can have artistic or educational purposes. It allows individuals to explore themes of human sexuality, relationships, and many other aspects involving the human body. This, therefore, might lead some to believe that restricting access to this material also limits their artistic expression and the dissemination of knowledge.
Regarding sexually explicit material on the internet, it is important to understand the regulatory bodies that Australia must protect minors while balancing that freedom of expression mentioned earlier at the forefront of the regulatory bodies that aid in restricting access to sexually explicit material in the Australian Communications and Media Authority (ACMA). ACMA is the Australian regulatory body overseeing online content, giving the body full reign over what is being spread online. Through the Broadcasting Services Act 1992 (ACMA, 2023), ACMA can enforce guidelines and provisions for managing internet content, which empowers them to investigate complaints made by internet users, issue takedown notices, and impose penalties on websites that provide prohibited or offensive material. “Media which is to be sold, exhibited or distributed in Australia must be first classified by the Australian Classification Board.” (Bartle, 2023) Another prominent regulatory body for this content is the Australian Law Reform Commission. However, the ALRC states that to “protect minors from adult content, adult supervision and the effective use of PC-based filters and parental locks are heavily relied upon” (ALRC, 2019). Additionally, section 474.19 of the Criminal Code Act 1995 includes provisions that criminalise the production, distribution, possession, and access of child pornography or any sexually explicit material involving minors (Australian Criminal Defence, 2023). Furthermore, the ALRC has put laws in place so that any online content distributed in Australia that has been classified as R 18+ or is likely to be classified as such is only to be accessed behind a restricted access system (ALRC, 2019)
Although there are numerous laws put in place for the protection of minors from sexually explicit material, some are still able to gain access to these age-restricted websites. Viewing this material early can impact the child as an adult, whether through gender norms or how they form relationships with others in society. “Regarding viewing sexual content, some researchers have suggested that greater exposure should lead to greater acceptance of narrow gender stereotypes.” (Walsh-Childers & Brown, 1993; as cited by Gruber & Thau, 2003, p.440) As mature adults, we possess this freedom of autonomy, which allows us to understand the reality of these relationships better. Yet, there is always a risk of this material influencing the mind and the following relationships, which is up to the laws imposed in Australia to regulate.
References:
0. Restricting Access to Adult Content Contents. (2019). https://www.alrc.gov.au/wp-content/uploads/2019/08/10_restricting_access_to_adult_content.pdf
Australian Human Rights Commission. (1966, December 16). Freedom of information, opinion and expression | Australian Human Rights Commission. Humanrights.gov.au. https://humanrights.gov.au/our-work/rights-and-freedoms/freedom-information-opinion-and-expression#:~:text=The%20Australian%20Constitution%20does%20not
Bartle, J. (2023, March 30). The Laws Relating to Producing, Exhibiting, Selling and Distributing Adult Pornography in Australia. Sydney Criminal Lawyers. https://www.sydneycriminallawyers.com.au/blog/the-laws-relating-to-producing-exhibiting-selling-and-distributing-adult-pornography-in-australia/
Brown, J. D. (2002). Mass Media Influences on Sexuality. The Journal of Sex Research, 39(1), 42–45. http://www.jstor.org/stable/3813422
Commonwealth Offences. (n.d.). Australian Criminal Defence. Retrieved June 4, 2023, from https://callcriminallawyers.com.au/commonwealth-offences/#:~:text=Pursuant%20to%20Section%20474.19%20of
Gruber, E., & Thau, H. (2003). Sexually Related Content on Television and Adolescents of Color: Media Theory, Physiological Development, and Psychological Impact. The Journal of Negro Education, 72(4), 438. https://doi.org/10.2307/3211195
Stern, S. E., & Handel, A. D. (2001). Sexuality and Mass Media: The Historical Context of Psychology’s Reaction to Sexuality on the Internet. The Journal of Sex Research, 38(4), 283–291. http://www.jstor.org/stable/3813452
Valkenburg, P. M., & Piotrowski, J. T. (2017). Plugged In: How Media Attract and Affect Youth. In JSTOR. Yale University Press. http://www.jstor.org/stable/j.ctt1n2tvjd.13
Volokh, E. (1997). Freedom of Speech, Shielding Children, and Transcending Balancing. The Supreme Court Review, 1997, 141–197. http://www.jstor.org/stable/3109741