Court In London Rules P*rn Actors Must Wear Condom To Reduce Sexually Transmitted Diseases

An order requiring actors in porn films to use condoms does not violate the industry's constitutional rights of free expression, a US appeals court has ruled.

In upholding the Los Angeles County Ordinance, the three-judge panel rejected the the claim by the adult entertainment industry that having actors use condoms would interfere with a film's fantasy element, by subjecting viewers to real-word concerns like pregnancy and sexually transmitted diseases.

The court ruled for the constitutional argument to apply, there would have to be a great likelihood that a film's audience would understand that intended message.

Judge Susan P Graber wrote: "Here, we agree with the district court that, whatever unique message plaintiffs might intend to convey by depicting condomless sex, it is unlikely that viewers of adult films will understand that message."

The ordinance, adopted by LA County voters in 2012, was championed by the Los Angeles-based AIDS Healthcare Foundation aimed at reducing sexually transmitted diseases.

The foundation's president, Michael Weinstein, hailed the ruling as a "total vindication". 

He said of the porn industry's bid to overturn the measure: "The court struck down every one of their arguments."

An industry spokeswoman did not respond to a request for comment, and it was not immediately clear if more appeals were planned.

Industry officials have previously argued audiences did not want to see condoms used in porn films.
Officials also say the industry's own safety regulations, requiring actors be tested for sexual diseases every two to four weeks, were sufficient.

In addressing that issue, the appeals court cited a 2009 letter from the Los Angeles County Department of Health stating the rate of venereal disease infection for porn actors is 20%, compared with only 2.4% for the general public.

Mr Weinstein said he hoped the industry will continue to appeal, taking the case to the US Supreme Court, so there can be a final, definitive ruling.

The HIV positive test of porn star Derrick Burts back in 2010 triggered a temporary shutdown of the US porn industry. At the time, Mr Burts called for the use of condoms in X-rated films to be made compulsory. Culled