A Utilitarian Balance, the Regulation of Internet Pornography: A Comparison of the U.S. and China

Abstract

Representing two mostly opposite political systems and ideologies, the U.S. and China stand on the opposite spectrum regarding modes of regulation. This paper focuses on the regulation of Internet Pornography (IP). Both countries are actively adjusting to new changes appearing on the Internet. Comparing the American and Chinese modes of IP regulation and censorship using the literature review, this paper contrasts the current effectiveness and efficiency of the two regulatory modes. Drawing on Jeremy Bentham, the paper assumes that legislation involves a utilitarian balance between various consequential costs and benefits--all the influencers of certain provisions, both enablers and inhibitors. After the comparison, the paper concludes that the U.S. IP regulation faces more resistance and difficulties than the Chinese regulation due to strong inhibitors. However, the U.S. can hardly learn from the Chinese mode of strict censorship, as it will generate more problems than solve, as demonstrated by the historical national ban on alcohol. Eventually, this paper concludes that the future development of the U.S. IP regulation is almost hardly strict censorship. Nevertheless, considering IP’s harmful effects, its regulation is pressing. Thus, the legislators have to sacrifice, which takes effect in the long-term. The current U.S. regulation is likely to struggle.