IS IT CONSTITUTIONAL TO RESTRICT PORNOGRAPHY ON THE INTERNET? BASES TO RECONSIDER THE LEGAL STATUS OF PORNOGRAPHIC SPEECH

This paper discusses the constitutionality of a hypothetical regulation that aims to severely restrict online pornography. First, a definition of pornography is offered. Second, it is exposed how consumption of pornography has undergone a qualitative and quantitative change in the last decades. Third, the constitutional rights exercised by those who produce, disseminate and consume pornography are presented; as well as the constitutional rights and public interests that such activities may violate. The article concludes by presenting three possible approaches to regulate online pornography (abolitionist, restrictive and permissive), underlining that the restrictive approach is the one that best meets the requirements of the Spanish Constitution. Therefore, it is concluded that a severe restriction of Internet pornography would be fully constitutional.