Many performers and models now manage their own content, rather than paying a management agency. This has benefits for sure but how do you safeguard both your content and yourself? Do you have the skills required to make the most of your photos and videos? Perhaps more importantly, do you have the knowledge necessary to ensure you are complying with the law?

Many of these questions are easily dismissed if you employ a company to look after this side of things for you. You’ll normally be assured that the company you employ are familiar with the law in the country you are working in, or promoting your content in.

If however, you are dealing with your own content, you need to be aware of the laws and prohibitions surrounding content, especially when it is adult related. More importantly you need to understand that just because you are able to post certain content on a particular site, or in one country, it doesn’t mean it’s ok everywhere else.

In some cases, the law may even differ from state to state, or be regional in any one country. So how do you make sure you are complying?

The ‘Miller’ test

This is the primary legal test used in the U.S. to determine whether expression constitutes obscenity. It was named after the U.S. Supreme Court’s decision Miller v. California (1973). Mr Miller mailed 5 unsolicited brochures to the manager of a restaurant and his mother. It contained very explicit pictures and drawings of both men and women engaged in sexual activities. He was prosecuted for knowingly distributing obscene material.

https://mtsu.edu/first-amendment/article/401/miller-v-california

It’s wise to remember that all adult content that shows explicit scenes or images is covered by one law or another (even when the adults concerned are willing participants). The content only becomes illegal when it is deemed to be obscene.

Some of these laws do at times seem very contradictory. For example, it might be ok for you to appear naked in a private club setting but if there is a well-known drinks brand in the background, you could find yourself in very hot water indeed.

The Terms and Conditions

Possibly one of the best courses of action is to ensure you have a good understanding of the terms and conditions for the site you are posting on. It might seem like a long and tedious process but you should be able to at least drill down to the content related parts to find out what you need to know.

All sites should have a ‘prohibited’ list and you should ensure that you follow it. Ignore it at your peril because you could end up losing money. Anyone found to contravene the written requirements of a site could not only lose their account on the site but also any credits that the site is currently holding for them.

Although content prohibition rules vary, underage and non-consensual content is universally banned. This has become even more prominent since Mastercard updated their guidelines on October 15^th 2021.

What if you need help?

Using google or alternate search engines to research is a good idea. Try searching for ‘Online Adult Content Managers’ or similar and check out what is available.

It’s also worthwhile joining some of the forums related to your work as they will offer invaluable ideas and information from those who have already done their own research.

You can also gauge the kind of content tolerated on a site by looking at the content it is currently publishing. However, do bear in mind that just because you see something on a site, it doesn’t make it legal. In cases where content is ‘accidentally’ published, you will not be able to use the excuse that you were only copying what others have already done!

The one golden rule above all is ‘If in doubt, DON’T’.