Porn Vs. Prostitution: A Fine Line

Without trying to sound political, one of the biggest differences between working in the porn industry or working as a prostitute is simply this: one sex worker is legal and the other is illegal. 

“Pornography has enjoyed First Amendment protection since the 1950s. In the early 20th century, pornography was considered obscene, yet it was also relatively rare. It wasn’t until adult movies became more widespread that authorities paid more attention. In a 1957 Supreme Court case, Roth v. United States, Justice William Brennan not only wrote that obscenity wasn’t protected by the First Amendment, but also narrowed the definition of obscenity, effectively legitimizing most pornography.” — Michelle Tsai, writer for Slate.

More than meets the eye — who gets paid

The fine red line between porn and prostitution is also defined by who reaps the benefits.

Because the porn industry is legal, our government taxes the porn industry.

This includes taxing the incomes of the porn actors, directors, agents, photographers, make-up artists, and everyone else needed to make a porno. They’re undeniably reaping the hidden monetary benefits of a multi-billion dollar industry. 

Like a deadly iceberg, the size of the porn industry’s income IS partially invisible. Income is hidden below the surface by a large, privately-held parent corporation called MindGeek. It’s impossible to say how much either party  — the government and the porn industry — are making as a whole. 

However, we know both parties are making money hand over fist on porn, simply because of the reported income of MindGeek’s many subsidiaries. The porn industry in the US alone, for example, has a reported market size of 803.6 million dollars. 

But whether a person works as a porn actor or as a prostitute, it’s difficult to accurately pin down how much individual sex workers actually earn.

Although a porn actor’s income is taxed and reported, it varies greatly. Very few endure this lifestyle long, or become rich and famous porn stars. For some porn is very lucrative. But many porn actors are just surviving on their income.

Prostitution, on the other hand is illegal. You can’t accurately measure the unreported income of prostitutes and pimps. And the government actually spends money instead of making money —  in the form of law enforcement and the prison system — to put prostitution out of business.

The “legal benefits” of being a porn actor vs. being a prostitute

Selling sex via “lights, camera, and action” — plus government endorsement, taxation, and regulation — is a basic difference between prostitution and a legal sex industry job. 

What the government taxes, they also regulate. Agreeing to regulations is another way the porn industry walks a fine line and avoids being labeled as prostitution. One of the dubious yet touted benefits of being a porn performer is that a porn actor has legal rights. At least on paper, they do. 

Rules such as requiring condoms during intercourse and mandatory testing for STDs are, in theory, enforced for the protection of the porn actors.

To be more specific, one of a porn actor’s legal rights is to be assured that the actor they are working with is free of sexual diseases. Of course, we assume the opposite about working as a prostitute. Unfortunately, the likelihood of getting sexually transmitted diseases (STDs) is a common risk factor for prostitutes.  

Laws are made to be broken, some say. And that’s exactly what is happening in the porn industry. 

Our research shows that porn actors often get and transmit STDs based on available data.

 Psychiatry Online reports that, “Adult film performers regularly engage in sexual acts without barrier protection against sexually transmitted infections, including HIV (5). Some performers are routinely tested for HIV, gonorrhea, and chlamydia (6,7); however, screening does not prevent transmission of disease, because exposure can occur between tests, and HIV in particular has a window period during which results can be negative (8). Transmission of HIV (9–12) and a high incidence of gonorrhea, chlamydia, and genital warts (6) have been reported among male and female performers.”

Yet another supposed right in the porn industry has been downright refuted by porn actors themselves: the right to refuse to perform certain types of sexual acts. In an article for iNews, Erika Lust who works in the industry states: 

“Many female performers suffer through coercion and inappropriate behaviour on set and on screen. No, not all sex workers are victims, but many are.”

No one should have to endure this type of treatment, no matter their personal choices. Fight the New Drug also is on the forefront of exposing the frequent abuse of porn actors.  They’re sharing stories that come directly from former porn actors. The details of their article link are more graphic (not visually) and may be triggering, though.

Porn actors who do speak up about mistreatment risk being “blacklisted”,  losing their jobs.

Collecting unemployment is another legal right of porn performers that is unavailable to prostitutes. 

However, losing a job as a porn actor and actually collecting unemployment is highly likely to be more challenging than an average worker’s experience. We can safely assume this based on the manipulation and secret coercion inside the porn industry. 

Activist Meghan Donevan’s research backs this up, as well. She speaks from ten-plus years of experience working directly with survivors of the porn industry, prostitutes, and human sex trafficking victims.