http://www.avn.com/imagearchive/23/11/30/231130AD_STANDARDS_2257_AVN.docAVN SEXUALLY EXPLICIT ADVERTISING STANDARDS Due to recent changes in the Department of Justice regulations governing the publication of certain sexually explicit images, AVN must revise its ad copy standards to assure timely compliance with the law.
Effective immediately, any advertisement containing a visual depiction of actual sexually explicit conduct must be accompanied by records that fully comply with the requirements of 18 U.S.C. 2257 and 28 C.F.R. Part 75. “Actual sexually explicit conduct” means actual, but not simulated:
Sexual intercourse, including genital-genital, oral-genital, anal-genital, or oral-anal, whether between persons of the same or opposite sex
Masturbation
Sadistic or masochistic abuse
Lascivious exhibition of the genitals or pubic area of any person (e.g., “spread shots”)
A visual depiction of simulated sexually explicit conduct must, in fact, be simulated (not just pixilated or obscured). If any visual depiction in an advertisement (including box covers) portrays actual sexually explicit conduct, the advertiser must provide AVN with the following documents and information for every performer who is depicted engaging in actual sexually explicit conduct and every performer who is depicted assisting another to engage in such conduct:
A photocopy or digital scan (preferred) of the performer’s valid picture identification card issued by the United States government or a State government (or another picture identification card acceptable under 28 C.F.R. 75.1(b)).
The picture identification card must show that the performer was, in fact, at least eighteen years old when the actual sexually explicit conduct was photographed
The appropriate model release for every performer who is depicted engaging in actual sexually explicit conduct and every performer who is depicted assisting another to engage in such conduct. (Model releases are not required by 2257 regulations. However, AVN must verify that the advertiser has the legal right to use the model’s image in publicity.)
The performer’s legal name and date of birth
The performer’s maiden name
The performer’s aliases
The performer’s nicknames
The performer’s stage names
The performer’s professional names
A digital copy of the depiction of actual sexually explicit conduct in which the performer appears
The title or identifying number of the visual depiction, if any
If the advertisement is submitted for publication on any of AVN’s web properties, then the submitter must include a copy of any URL listed in the advertisement. If the advertisement contains any hyperlink(s), a copy of each URL linked must also be submitted with the proposed advertisement.
Any visual depiction of actual sexually explicit conduct that is exempt under 18 U.S.C. 2257 because it was produced prior to July 3, 1995, should be accompanied by a statement to that effect specifically identifying the exempt depiction.
The business address of the submitter (must not be a post office box), and the name and title of the submitter’s custodian of 2257 records
If softcore advertising depicting only nudity without actual sexually explicit conduct is submitted to AVN, the information listed above will not be required.
Complete 18 U.S.C. 2257 and 28 C.F.R. Part 75 documentation must be submitted to AVN with the proposed advertisement(s). Failure to submit the required information along with the proposed advertisement(s) may prevent AVN from including the advertisements in the magazine issues or on the web properties desired by the advertiser.
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