Porn - Philosophy for Everyone: How to Think With Kink (19 page)

The Complications of Releasing a Sex Tape

However, while some people may choose to film a sex tape with the intention of releasing it for career opportunities, this is not always the case. The fact that people enjoy celebrity sex tapes and are generally more accepting about sexuality does not guarantee that a sex tape will have desirable outcomes. The release of a sex tape can be damaging in several different ways.The first is the means by which the tape is released. If the tape was filmed without one’s knowledge or consent the existence and release of the tape can be psychologically traumatic. Additionally, the release of a tape can be damaging to a public image; for celebrities, one’s image can often determine one’s career. For example, in 2006 the courts ruled on the side of Colin Farrell, who wanted to stop the distribution of a sex tape on the grounds that the content would jeopardize his career.
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Likewise, celebrities may rely on an image that does not correlate with the image sex tapes portray. In such cases tapes could undo years of image building and could hinder one’s career. Moreover, more than career considerations may be at stake. A sex tape could be harmful to one’s family life and other private relationships. The courts have often ruled in favor of the victims of released tapes, recognizing potential damages such as emotional distress and invasion of privacy.

Avoidance of these consequences is precisely why some celebrities do not consent to taping themselves, or agree only under the condition that the tapes will remain private. However, even within a trusting relationship, wherein a tape is made with the intention of privacy, the tape may still be released. There are three common ways this can happen: theft, accident, and betrayal. In the case of theft, an outside party in some way learns about the tape, steals it, and releases it. Since the person has acquired it by theft and violation of the celebrity’s rights, the thief will probably be unable to make long-term profit from the tape. Instead, the thief will either have to settle for a one-time payment from a company that wants to distribute the tape (again, probably without serious compensation because the distribution company would not be the legal copyright holder) or would have to release it on the Internet with little or no compensation. When theft is involved, it may be difficult for the celebrity to keep the tape from being released due to the absence of sales. If a tape is freely distributed on the Internet it may be problematical to identify the source, and thus it may be difficult to seek legal action and compensation for damages. Furthermore, by the time the tape is discovered it may be too late to do anything about it.The damage has been done and there is not much to do by way of suitable compensation once one’s private life has been exposed; once a reputation has been tarnished, it is hard to remove it from the court of public opinion or perception. Additionally, with the versatility of the Internet, once something has been posted and distributed online, it can be nearly impossible to remove.

Accidental releases have similar consequences. If a celebrity accidentally posts a video or pictures the damage to her or his reputation could be irremediable. The main problem this brings up is that individuals often forget the possibility of unintended release or the consequences (positive or negative) of released sex tapes. Once the world is shown a glimpse of a person in coitus it is nearly impossible to forget that image; from that moment on public perception of that individual will involve knowledge about her or his sex life.When a person decides to make a sex tape she or he may not be considering the fact that the tape may be released and that the associated consequences may not be desirable.The person most likely has an elevated sense of safety and control of the situation, assuming that the tape will only be used in the intended capacity and viewed only by the intended audience. Similarly, the person may assume total control of the material and may also be in denial about the likelihood of an accidental or unplanned release.

When Trust Fails

An additional level of denial comes from assumptions about trust. It is easy to put utter faith in one’s partner when deeply in love and in the throes of passion.When the person one loves and trusts suggests filming sex, it is unlikely that one will consider long-term contingencies. However, a common way for home porn to be released is out of revenge or some other form of betrayal. Although we may argue that it’s wrong, when a couple separates it is common for the partners to go back on promises made while in the relationship. Under these circumstances a jilted lover may decide to release a sex tape that was supposed to remain private. The ex-lover is likely motivated by pure spite. It could also be from a desire to make money; since the partner participated in the film, she or he may hold copyrights, and thus compensation is possible. The partner may also see this as an opportunity to improve her or his reputation. If the celebrity’s lover has aspirations of being famous, a sex tape may help put the lover’s name on the map. Finally, the partner may merely want the social bragging rights associated with having sex with a celebrity; being seen as a person who has slept with a celebrity may be ample, though illegitimate, cause for breaking one’s promise not to release a tape.

A Failed Career Move

An additional concern for those considering releasing a tape is that tapes do not always improve one’s career. If it seems like the celebrity is too eager, is fishing for attention, or is filming the tape out of desperation to be in the public eye, the level of scrutiny increases.Vanessa Hudgens, for example, has been under scrutiny for her most recent scandal (commonly referred to as “scandal 2009” to avoid confusion with the pictures leaked in 2007); critics speculate that the timing of the leaked nude pictures too closely corresponds with her latest movie release. Moreover, the act too closely mimics the previous scandal which was timed between the releases of her “High School Musical” movies.
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The public does not often respond well to obvious ploys and crafted maneuvers.Additionally, any positive press that may come from a sex tape is likely to be fleeting.The sex tape may get one a quick advance in stardom but it will only sustain interest for a limited time. As the adage goes, fame has a half-life of 15 minutes. If a celebrity relied on a sex tape for a career boost, she or he may see a quick influx of opportunities. However, those opportunities will soon dwindle as well.The individual is then in a bit of a conundrum; releasing a sex tape probably will not be as effective the second, third, or fourth time around. As much as people enjoy watching celebrities, half of the allure is seeing the celebrities in new circumstances and vantage points. Once the public has seen a celebrity in a sex tape, future tapes would have to have escalated content in order to recreate high levels of public interest. After all, the intrigue is seeing a celebrity out of her or his public element, getting a glimpse of her or his private life. If the sex tapes become too frequent, it begins to appear merely as an extension of her or his career and she or he begins to share more in common with a porn star. Once this similarity is drawn, the arousal of curiosity begins to wane. For this and all of the above listed problems, it should be clear that recording a sex tape is a gamble and deciding to release the tape can be equally risky.

Why We Still Tape

Given the complexities of the consequences of celebrity sex tapes, it is questionable why non-celebrities may feel compelled to make their own sex tapes, especially in light of the potential damages. Many of the things that motivate celebrities also motivate non-celebrities. On the most basic level, taping sex with one’s partner may be an extension of intimacy and trust. It may be an activity that helps a couple bond and expand their borders of trust. It is a means of showing one’s vulnerabilities, but more so of showing comfort in entrusting one’s partner with those vulnerabilities.The potential of this closeness has provided sufficient motivation for several couples.

Non-celebrities may not see celebrity sex tape scandals as cautionary tales because of the assumption that while there is a market for celebrity sex tapes, there is no comparable market for non-celebrities. Individuals assume that their personal tapes are safe from unwanted public viewings because the public would not be interested in the tapes. Without a market, the risk of release seems slim. Granted, it may be possible that tapes or pictures could be accidentally posted online, or that someone could accidentally come across the material. Perhaps an individual may even concede that in a worst-case scenario one’s partner may show the video to others without permission. However, many assume that the people to whom the video will be shown will be small in number. So perhaps one may experience some embarrassment and a violation of privacy, but it would be on a small scale and the damages would be manageable. Operating under this assumption, individuals see the possible benefits as highly outweighing the possible risks.

This, however, ignores the vast markets in porn. Amateur and first-time porn has gathered a significant following. Individuals are willing to pay to access sites that feature homemade porn, and sites that are dedicated to non-celebrity girlfriends have a massive following as well.While celebrity sex tapes may generate more interest generally, private porn is quickly becoming a major segment of the porn industry. One reason is that home porn elevates the voyeuristic element; it is not a person who has sex as a profession, it is a normal person engaged in real, unstaged sex, unlike typical porn.

A rising issue, however, is not necessarily the fact that one’s home porn may be released without one’s consent. A growing concern is that with the increased acceptance of sex tapes, with our “pornified” culture, displaying one’s sex life publically is almost becoming a status symbol among the young. Junior and high schools are finding themselves struggling to address the problem of sexually explicit content featuring their students.Young girls are taking nude pictures of themselves and texting them to groups of their classmates (often colloquially referred to as “sexting”). Explicit pictures and videos are posted online. The justification students give in these circumstances is that “porn is cool,” that “this is what one has to do to be popular,” and so on.This presents a new set of problems. Individuals are consenting both to the creation and distribution of sex tapes. However, in the case of minors, this brings up added concerns such as accusations of child pornography, and an absent ability to seriously consider the long-term consequences of the actions.

While porn may seem like the popular thing to do, the responses to it can be varied and unpredictable.This is true as well concerning adults. In both cases, a sex tape may sound like a great way to fit into certain circles, or to express one’s sexuality. However, once a sex tape has been released it may be nearly impossible to “un-release” it. Once the content is out there and gets online, it is accessible for an indefinite amount of time and to an indefinite number of people.While porn is acceptable in some circles, it is not gladly received in all venues. It is not uncommon for people to be fired from their jobs for the posting of obscene personal material. Likewise a person could be denied a job, acceptance to schools and other opportunities for growth. While adults may have a better concept of the negative consequences of sex tapes, young adults or minors may not. No matter one’s age, it may be difficult to grasp the full scope of potential or to fully understand the psychological effects of having others see oneself engaged in sex. Individuals are often incapable of truly predicting how she or he will feel after this material is shared. Nor may she or he be able to comprehend the actual scope of the act and associated consequences.

In a society that encourages sexual autonomy and sexual exploration, it is easy to see the appeal of sex tapes. On the personal level, the excitement of sexual enhancement and exploration associated with taping one’s sex life is clearly alluring. On a more social level, the fact that individuals have often profited (financially, socially, or emotionally) from the release of a sex tape is undeniable as well. However, it is easy to be misled by these positive results, forgetting that there may be undesirable consequences as well.When a person consents to make a sex tape she or he needs to remember that there are no guarantees in this venue; release and social or professional fallouts are an all too real possibility. While celebrity sex tapes remind us of the appeal of sexual autonomy and voyeurism, they also warn us to act thoughtfully and carefully in this avenue. A person considering her or his own tape should thoughtfully and seriously consider the consequences before taping. Perhaps more importantly, as a culture, we should cultivate different habits regarding sexuality. We ought to remind people that in order for a sexually positive environment to exist, we need to maintain our promises and protect trust in the bedroom.Without trust, sex, or sex tapes, cannot be a fully enjoyable, or morally justified, experience.

NOTES

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It should be noted that this applies specifically to people who are aroused by porn; there are without a doubt a large number of people who are not aroused, and may in fact be disturbed, by viewing others in sexual situations. For some of these accounts, see Pamela Paul,
Pornified: How Pornography is Damaging Our Lives, Our Relationships, and Our Families
(New York:Times Books, 2005), or Alan Soble,
Pornography, Sex and Feminism
(Amherst: Prometheus, 2002), or any of Soble’s several related works.