Introduction

Throughout known history, people of the world have strived to develop and exercise their powers of expression. The history of man is littered with record of such expression, classically manifested in arrangements of stone, sketching on cave walls, literature, and oil painting on canvas. However, in only the last two centuries, many new mediums for expression have emerged. The advent of the photograph, audio recording, and video technology has permitted not only the capture of expression, but its mass distribution as well.

Society’s interpretation of these expressions has differed dramatically over the centuries. Depending on cultural background, one group might consider an expression as a work of art, while another considers it objectionable. The laws that govern a society might also affect the interpretation of such an expression. Historically, if such a society deemed a form of expression as inappropriate, it usually partook in suppressing it. This act of “suppression or attempted suppression of something regarded as objectionable” is known as censorship [1].

There are events well embedded in history that indicate such action by a governing body. The United States Government banned nude photographs sent through the mail in 1864 [2]. A restrictions and ratings system was implemented – and required – for all motion pictures shown in the US, whether they contained obscene material or not [3]. There have even been various attempts by the government to censor works of literature that contained (again – what was considered) obscene material.

In the last forty years, computers and the emergence of the Internet have further dispersed the means for people to access the expressions (obscene or not) of others. Man’s fascination with expressions of nudity – and oftentimes, sexually explicit material – have led to a new censorship: that of the Internet itself. For the purposes of this assignment, we will define sexually explicit material as the following:

“Content having as a dominant theme (i) any lascivious description of or (ii) any lascivious picture, photograph, drawing, motion picture film, digital image or similar visual representation depicting sexual bestiality, a lewd exhibition of nudity, as nudity is defined in § 18.2-390, sexual excitement, sexual conduct or sadomasochistic abuse, as also defined in § 18.2-390, coprophilia, urophilia, or fetishism.” [4]

In recent years, the Internet has facilitated effortless access to such material, to the point that laws have been passed to censor the access to online content. This report seeks to address the events surrounding one such law, Virginia Code §§ 2.1-804-806 [5]. It will present a study of the attitude and approach of the United States towards this and other internet censorship laws. In recognizing that this view of internet censorship is not necessarily that of other countries, the report will also examine the laws and customs of France with regard to this scenario: [5]. A comparison and contrast of these two country’s reactions follows.