I’ve seen a lot of content creators boasting on X (formerly Twitter) lately about their love of making piss videos. Take, for example, this post.
Yes, I blocked out this person’s name. My intention is not to call anyone out or embarrass them. My goal is to let you know why this is a bad idea.
However, this single statement on their social media account is a clear admittance of guilt. I mean, breaking the law is bad enough, but going on Twitter to brag about it … really? Trust me, they can and will use anything you ever say online against you.
I don’t know about you, but I don’t want to go to jail. I don’t want to wake up one day with the feds at my door arresting me for obscenity. But hey, that’s just me. If you don’t care about getting arrested, then you do you.
But for those of you who are like me and want to stay out of trouble, you need to avoid making the type of content that has been deemed illegal.
Pornography is legal, but obscenity is not.
There is a difference between the two, and as a content creator, it’s your job to know what it is.
One of the hard parts of being a content creator is that we are required to know all of these laws and abide by them. Yet companies like Onlyfans don’t really share this information with us.
We know that words like “piss” and “urination” is banned on the platform, but nobody ever says why that is, and it helps us to realize the very real potential legal ramifications of making this kind of content.
The answer lies not in the policies of OnlyFans itself but in a broader legal context rooted in U.S. law.
The Legal Basis: Obscenity Laws and the Miller Test
The prohibition of content involving urination on OnlyFans is tied to federal obscenity laws. These laws distinguish between legal pornography and what is considered “obscene,” a category of content that is not protected under the First Amendment and can be subject to legal regulation. The definition of obscenity in the United States is based on a legal standard known as the Miller test, which the Supreme Court established in the landmark 1973 case Miller v. California.
According to the Miller test, material is considered obscene if:
- The average person, using contemporary community standards, finds that the content appeals to prurient interests (an excessive focus on sexual matters).
- The content depicts or describes, in a patently offensive way, sexual conduct or excretory functions as defined by applicable state law.
- The content, taken as a whole, lacks serious literary, artistic, political, or scientific value.
This definition aims to protect free speech while regulating material deemed harmful or inappropriate for public consumption. As a result, platforms like OnlyFans, which operate under U.S. jurisdiction, must adhere to these federal standards, even if their primary focus is on adult entertainment.
Why Piss Is Considered Problematic
Urination falls under a sensitive area of regulation. It can be perceived as obscene, particularly when associated with sexual content. Consequently, OnlyFans enforces strict keyword bans in posts, descriptions, or tags. This aligns with federal law, which requires digital platforms to actively moderate and remove obscene content to remain compliant.
But the real requirement to remain compliant with the law falls to you, the content creator – the person who made the content itself because if caught, they aren’t going to go after Onlyfans; they are going to show up at your door and arrest you (the person who made the video).
The Difference Between Pornography and Obscenity
It’s crucial to understand the distinction between what is legal pornography and what is considered obscene. While adult content is legal and protected under the First Amendment, obscenity is not. This legal boundary is often misunderstood, leading to confusion among content creators. The presence of blood, particularly in conjunction with sexual themes, can cross this line into what is deemed obscene, which is why platforms like OnlyFans take a zero-tolerance approach to the matter.
Legal Risks for Content Creators
Content creators on OnlyFans and similar platforms bear the legal responsibility of knowing what is permissible and what isn’t.
As the saying goes, “Ignorance of the law is no excuse.”
Violating obscenity laws can result not only in the loss of access to the platform but also in serious legal consequences, including criminal charges. This makes it all the more important for creators to familiarize themselves with the platform’s community guidelines and understand the legal distinctions at play.
As an OnlyFans spokesperson emphasized in an official statement: “We enforce these rules not just to comply with federal law, but to ensure a safe and lawful environment for all users. Content creators must be aware of the legal boundaries of adult content to protect both themselves and the platform.”
It’s crazy how many content creators and adult performers justify making bad decisions because they see others doing it. I can’t understand why they would risk going to jail, but in the end, each person has to make their own life choices.
I, for one, will be choosing to make content that is not blatantly illegal.
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