Hide your hard drive: A look at Asia's pornography laws

With the recent news surrounding travelers entering Australia being required to declare their porn, we thought we'd take a look at some of the rules and regulations as they apply to defining, viewing, downloading, possessing, importing or producing pornography in various Asian countries. The excuse, "I read Playboy for the articles!" won't fly in these places.

And while Googling "Asian porn" returns over 16 million results, a majority of that "Asian" porn is produced, hosted and viewed from outside of Asia. Why? Because while Asian pornography might be popular outside of the region, most countries in Asia have strict anti-pornography laws -- with the exception of Japan. 

Since the Internet came into being, pornography has become more accessible to the masses and is an extremely profitable business. America's porn industry alone is worth US$14 billion. The Internet has pushed conservative governments around Asia to strengthen anti-pornography laws.

Singapore

Viewing and downloading pornography online in Singapore would not appear to be a punishable offense. From Singapore's Media Development Authority's (MDA) website, "The MDA does not monitor or track users' access to any sites on the Internet and does not interfere with what individuals access in the privacy of their homes. We are primarily concerned with the purveyors and distributors of pornography. Unless you engage in such activities, the mere act of visiting such sites is not an offence." 

I watch porn everyday... there hasn't been any police at my door.— ESLcafe.com member on viewing porn in South Korea

For those travelling to Singapore with computers, Singapore's Film Act laws make it clear it is not a good idea to enter the country with any questionable material saved on a computer. "(2) Any person who imports any obscene film knowing or having reasonable cause to believe the film to be obscene shall be guilty of an offence and shall be liable on conviction -- (a) to a fine of not less than SNG$1,000 for each such film imported (but not to exceed in the aggregate SNG$40,000) or to imprisonment for a term not exceeding 12 months or to both; and (b) in the case of a second or subsequent conviction, to a fine of not less than SNG$2,000 for each such film imported (but not to exceed in the aggregate SNG$100,000) or to imprisonment for a term not exceeding two years or to both."

Japan

Japan's pornography laws prohibit showing male or female genitalia, but otherwise allow for the production of what is considered some of the most outrageous fetish and niche pornography the world over. A short time spent googling "Japanese pornography" yields interesting, and extremely not-safe-for-work (NSFW) material. (Link to Japanese government websites)

India

India prohibits all hardcore pornography, but allows for some softcore pornography which is difficult to define as the case of the Indian cartoon pornstar Sativa Bhabhi illustrates. India's Chief Justice recently called for a ban on all porn websites, but did not stress any punishments for those importing or viewing pornographic material.

China

The Chinese Government pays for tip-offs to pornographic websites. They've also recently banned 'sexting' (sending obscene texts on a cell phone) over China Mobile services. Pornographic or "obscene" material deemed harmful to Chinese social values is very, very illegal in China. Viewing a raunchy website while located in China will more than likely result in that website ending up on the banned list for the entire country. But that may be changing. And entering the country with any sort of questionable material is not advised. 

Indonesia

Dancing in your underwear in a club is considered illegal in Indonesia as are instances of "displaying nudity" publicly since the inception of strict anti-pornography laws in late 2008. The new laws also prohibit downloading and possessing porn and those caught doing either could face four years in prison. (Link to Indonesian government websites)

Malaysia

Since a 2005 crackdown, Malaysia has maintained very strict anti-pornography laws that could hit those caught with pornographic material with up to four years in prison and huge fines. (Link to Malaysia government website)

Hong Kong

According to the Control of Obscene and Indecent Articles Ordinance (Cap 390), it is an offence to publish an obscene article but does not cover importing, viewing or downloading.

The article states, "Publication covers distribution, circulation, selling, hiring, giving, or lending the obscene article. Distribution by email would fall within the definition of distribution, as would the placing of an obscene article on a web site. It should also be noted that distribution does not require any element of financial gain to be present. The definition of article includes "anything consisting of or containing material to be read or looked at or both read and looked at, any sound recording, and any film, video-tape, disc or other record of a picture or pictures." The article will be considered obscene if, by reason by its obscenity, "it is not suitable to be published by any person." Obscenity includes "violence, depravity and repulsiveness". The penalty for this offence is up to three years imprisonment and a fine of up to HK$1,000,000."

South Korea

Porn is illegal in Korea, but anti-porn laws are rarely enforced -- at least according to some forum members over at ESLcafe.com, one of whom said, "I watch porn everyday... there hasn't been any police at my door." Just don't upload porn in Korea as it could potentially land you in hot water.

Thailand

With a reputation for condoning 'bar girls' Thailand has surprisingly strict anti-pornography laws, though they are rarely heavily enforced. Still, best to err on the side of caution.

Vietnam

Producing, distributing, and importing pornography is illegal in Vietnam. As recently as December 2009, four people were arrested and jailed for two years for running Vietnam's largest porn website.