April 23, 2004 12:00am
Case for Mandated Health Standards, HIV Test Results
Source: Letters to the Editor
by: Dave Pounder
(LOS ANGELES, CA) -- The adult industry should be Required to use condoms in both the production and distribution of adult content, and this needs to be mandated at the Federal level amongst all producers in the US. Any type of voluntary or incentive related programs to encourage the use of condoms will surely fail due to competitive pressures from non-condom producers. Any condom-only regulation done solely in LA County or the State of California level will certainly cause the industry to shoot outside of LA County or in another state, respectively.
Any laws passed to require condom use only in the Production of adult films will certainly result in an underground production market. This can be prevented if Distributors are held accountable by making it illegal to distribute adult content in the US that does not contain condom use in every scene involving vaginal and/or anal penetration.
Producers will not produce content that can't be distributed. In the event a small rouge [rogue] group decides to produce and distribute content underground, the new condom-only industry standard that will be in place would certainly prevent any of the active working talent pool (i.e., the attractive, marketable people now used to working condom-only) from even considering working for these underground producers (i.e., working without a condom in the future will be the equivalent of working without a test today).
In essence, any new condom regulation that is passed would need to have the same effectiveness of the 18 years of age laws (e.g., 2257). Everyone I have ever worked for including myself is always certain the performers are of legal age because they are aware of the legal consequences.
On another note, it is imperative to mandate that PCR/DNA HIV tests, in addition to Gonorrhea and Chlamydia tests, all taken within 30 days, be provided by the talent to the producers prior to the shoot. Producers should then be required to furnish copies of this information to the distributions as well for proof of compliance. This should also be a Federal mandate to ensure that domestic adult content production remains in Los Angeles.
"Self-policing" simply does not work in any industry, which is why we have regulation - to protect consumers, workers, and the general public from a corporation's natural tendency to cut corners in an attempt to grow the bottom line. Implementing mandated health standards in an otherwise high-risk business makes complete sense, and I feel the industry should welcome it.
Adult Film Producer/Performer