ABSTRACT

This chapter explores the most contentious debates in feminist and queer legal theory: how should the law address pornography and prostitution? It shows that there is a deep chasm between the current law on these activities and feminist and queer understandings of them. The chapter explores the current situation, from the lack of a common definition of the very word 'pornography' and the ambiguous legal status of prostitution, to a consideration of the law, its scope and shortcomings. It examines the 'prostitution'. The chapter examines the significance of the internet both to the practices of pornography and prostitution and to the possibilities for their regulation, as well as a new form of abuse it has opened up: 'revenge pornography'. It shows that feminists on different sides of the debate will nonetheless share common ground in criticising the current law. The chapter describes that pornography is not illegal in itself: sexually explicit material becomes unlawful only if it crosses certain thresholds.