Condoms

Does Prop 60 require condoms in porn?

Requiring condoms in porn has been the law in California since 1993. According to the Chief of the California Occupational Safety and Health Administration (Cal/OSHA) “Condoms are required to protect adult film workers from exposure to HIV and other sexually transmitted infections.” Prop 60 does not radically change the law; it merely improves enforcement of the existing law that is currently ignored by pornographers.

Workers

Are porn performers employees or independent contractors?

Porn performers are employees and therefore protected under the California Code of Regulations, which mandates condoms in porn. The California Occupational Safety and Health Administration (Cal/OSHA) is tasked with protecting workers throughout California. According to pornographers, porn performers are independent contractors and therefore do not fall under Cal/OSHA’s purview. While many porn performers are paid as independent contractors, a California Occupational Safety and Health Appeals Board ruled in 2015 that porn performers meet the legal conditions to be considered employees.

Leaving California

Will pornographers leave California to avoid condoms?

No, pornographers will not leave California to avoid condoms. Some pornographers have made empty threats to leave California, but porn production is only legal in California and New Hampshire. For pornographers who threaten to move to Nevada because prostitution is legal, existing Nevada Occupational Safety and Health Administration (OSHA) laws and prostitution laws already require condoms.

Condoms and Porn

Do condoms work in porn?

Yes, many porn studios and porn performers already film exclusively with condoms. Pornographers have falsely claimed that condoms are not meant for porn’s strenuous sex acts. However, decades of condom use in the porn industry have demonstrated that condoms are very effective.

Sex Education?

Are condoms in porn intended to be sex education?

Condoms in porn is about protecting California employees at work. Pornographers are not required to show condoms in the final product. Pornographers can provide clear condoms, digitally remove condoms, or use camera and lighting techniques to hide condoms.

Performers and the Public

Who is more at risk for STDs, porn performers or the general public?

Multiple studies show porn performers are at higher risk for STDs compared to the general public. One study found porn performers to be 64 times more at-risk for gonorrhea and 34 times more at-risk for chlamydia than the general public. Another study found one in four porn performers infected with an STD. Women in the porn industry are most at risk, which can lead to serious health consequences such as ectopic pregnancy, pelvic inflammatory disease, cancer, and even death.

PrEP

Can porn performers take pre-exposure prophylaxis (PrEP) instead of wearing a condom?

According to the California Occupational Safety and Health Administration (Cal/OSHA), pre-exposure prophylaxis (PrEP) is not a replacement for condom use on a porn set. According to Cal/OSHA, barrier protection in the form of a condom must be used on a porn set. A performer can take PrEP if he or she chooses, however condoms must still be used because current Food and Drug Administration (FDA) guidelines require condom use with PrEP.

Porn Industry Worth

How much is the porn industry worth?

Nobody knows how much the porn industry is worth because pornographers refuse to release their tax information. While some pornographers claim the porn industry is worth billions of dollars, official estimates of the porn industry are much lower. According to the Attorney General of California, the porn industry only contributes a few million dollars per year in state and local taxes.

Suing performers?

Will Prop 60 allow anybody to sue a porn performer?

No, Prop 60 permits porn performers, California residents, or the state to file a complaint against pornographers, distributors, and agents who have a financial interest in the violating film. If the California Occupational Safety and Health Administration (Cal/OSHA) refuses to investigate a complaint within 45 days, porn performers, California residents, or the state may file a civil lawsuit.

Pornographers

Will pornographers go underground to avoid condoms?

No, pornographers will not go underground to avoid condoms. Not only is that illegal, it is also unprofitable. In 1988, Congress enacted US Code 2257, the Child Protection and Obscenity Enforcement Act. US Code 2257 requires pornographers to list their business address and maintain detailed porn production records. Therefore, every porn studio will always have a physical address listed on their website. Violators of US Code 2257 face federal prison and cannot sell their product on the market.

Less Profitable?

Is porn with condoms less profitable?

No, porn studios that require condoms have confirmed high profits. Pornographers claim sales will plummet because consumers do not want to see condoms. However, there are many financially successful condom-only porn studios. In fact, one studio that went condom-only in 2013 publicly stated that filming with condoms increased their sales.

STD Testing?

Does the porn industry require rigorous STD testing?

No, STD testing in the porn industry is voluntary and does not meet the Centers for Disease Control and Prevention (CDC) medical recommendations. Some studios may require porn performers to get tested for STDs every two weeks, some studios may require porn performers to get tested monthly, and some studios do not require porn performers to get tested at all. In addition, porn’s STD testing scheme does not test for all infections and does not test all anatomical sites.

On Set

When was the last time HIV was transmitted on a porn set?

A porn performer contracted HIV on a porn set as recently as 2014. According to the Centers for Disease Control and Prevention (CDC), a porn performer who had tested at a porn-approved testing facility within the past 14 days infected other porn performers on set because condoms were not provided. Since 2004, more than two dozen performers have contracted HIV while working in the porn industry, which is costing taxpayers nearly $10 million in HIV care.

Performers Decide?

As consenting adults, should porn performers decide whether or not to use condoms?

Pornographers must require condoms on set when porn performers get paid to work. Pornographers are officially employers and porn performers are officially employees. As employers, pornographers are expected to comply with existing workplace health and safety regulations to protect their employees just like any other industry in California.

To Nevada?

Will pornographers move to Nevada to avoid condoms?

No, pornographers will not move to Nevada to avoid condoms. Some pornographers have falsely claimed Nevada will welcome porn production without condoms because prostitution is legal. However, existing Nevada Occupational Safety and Health Administration (OSHA) laws and prostitution laws already require condoms.

Protecting Performers

Are porn performers worth protecting?

Yes, porn performers deserve the same workplace health and safety protections the all Californians enjoy. Studies have shown high STD rates among porn performers, which can spread to the general public. For decades, California taxpayers have been subsidizing the porn industry by picking up STD treatment costs. As Californians, we have a fiscal and ethical responsibility to prevent the transmission of STDs in California.

Enforcing Condoms?

Can the government successfully enforce condoms in porn?

Yes, the California Occupational Safety and Health Administration (Cal/OSHA) has already successfully enforced health and safety in the porn industry. Prop 60 will strengthen Cal/OSHA enforcement to require condoms in porn.

FREE SPEECH

Do condoms in porn violate free speech?

No, condoms in porn do not violate free speech. Pornographers argue that non-condom porn is protected under the First Amendment. However, in 2014, the US Ninth Circuit Court of Appeals rejected the porn industry’s First Amendment claims and upheld the constitutionality of condoms in porn.