thousand dollars. But since the part included sexual acts, some have asked how this situation

該角色拍得數千美元，由於戲份包含性愛橋段，有人質疑這無異於性交易

differs from prostitution. So, what is the difference? How is pornography legal?

究竟色情片與性交易差別為何？色情片又為何合法？

Well, prostitution is defined as a sexual act that’s given or received for money,

性交易的定義是有金錢或其他報酬的性行為

or other payment. With a few exceptions in rural Nevada, prostitution is prohibited by

美國除了內華達州幾處鄉村外，全國禁止性交易

law in most of America. Both sellers and buyers of sex can be punished with fines and jail

娼妓與嫖客都可能遭到罰款或坐牢

time. According to the US government, prostitution “directly contributes to the modern-day

美國政府認為，性交易「直接導致現今人口販賣問題

slave trade and is inherently demeaning."

其行為本身也貶低人性。」

Now technically, pornography is very similar to prostitution because porn actors ARE being paid to depict sexual acts.

但色情片和性交易本質十分相似，因為色情片演員的確有償演出性愛橋段，

However, porn is considered to fall under a form of artistic expression,

但是色情片屬於藝術表達的一種

and is thus protected by the First Amendment, unlike prostitution.

因此屬於言論自由，受到美國憲法第一修正案保護，性交易則不同

At the heart of the matter is the fact that prostitution is viewed by the government as

癥結點在於政府認為性交易妨害風化

being detrimental to society, while pornography is thought to have at least SOME kind of culturally

而色情片至少還有一點文化價值

significant value.

而色情片至少還有一點文化價值

Of course, there are forms of porn that overstep this boundary and ARE considered illegal.

當然色情片也不能無限上綱，還是有違法的內容形式

In particular, the First Amendment does not apply to things that are considered obscene.

特別是憲法第一修正案明示，言論自由不包括淫穢的內容

Obscenity in “extreme porn” is off limits, meaning there can be no pornos featuring animals,

「重鹹A片」的淫穢內容因此不被允許，遭禁主題包括

corpses, urine or feces. And child pornography is also strictly forbidden.

動物、屍體以及排泄物，兒童色情片也受到嚴格禁止

In California court cases, there were also a few other distinguishing features of pornography

加州法院案例中也寫明其他區別色情片和性交易的方法

that helped confirm its difference from prostitution. In porn, the camera is the primary reason

色情片當中，性行為發生時一定有攝影機在場

and motivation for the sex act, whereas in prostitution, it’s completely unnecessary.

但攝影機在性交易當中並非必要

Also for porn, the main beneficiary is the porn-viewer, and not the client, as it is

而且色情片的最大受益對象是觀眾，性交易則是顧客

in prostitution.

而且色情片的最大受益對象是觀眾，性交易則是顧客

To prove a film company is really making pornography and not simply trying to justify prostitution,

色情片公司為了證明公司是在拍片，而非藉故進行性交易

they must confirm that they intend to distribute the films they shoot. There are also multiple

他們必須確保影片在市場上發行，拍攝色情片

business filming licenses necessary, and the company must keep detailed records of their

必須持有許多攝影執照，公司也要確實記錄演員資料

performers. If a company isn’t careful, they could be susceptible to prostitution

若處理不慎，色情片公司很可能面臨性交易訴訟

accusations.

若處理不慎，色情片公司很可能面臨性交易訴訟

Although the line between porn and prostitution seems thin, there are strict guidelines regulating

色情片和性交易雖僅是一線之隔，但色情片的條件之嚴格

pornography which would be difficult to prove in a purely sexual transaction. Although porn

性交易只是其中一項

is considered legal, pornography producers are occasionally prosecuted for not following

雖然色情片合法，製作人遭控卻也時有耳聞

the rules, and straying close to prostitution, or outside the bounds of the First Amendment.

包括踰越規定、遊走性交易邊緣，或是內容過度淫穢

Just because there’s a camera present, doesn’t make it legal.

有攝影機拍攝不表示一定合法

Could you imagine watching up to 700 porn videos a day FOR A LIVING? That’s what these

你能想像每天看700部A片的工作嗎？

censors in China do. Watch this video from Seeker Daily to learn more about them. Thanks

這就是中國審查員的工作，想了解更多請看Seeker Daily的影片

for watching TestTube News! Don’t forget to like and subscribe for new videos. See

感謝收看TestTube News，別忘了按讚和訂閱

you next time.

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