Dorcel has just published an ethical charter for French porn production. This document is a series of recommendations aimed at X-film directors. The brand hopes to convince other porn production companies, including those that don’t work with them, to adhere to a set of principles in order to guarantee better working conditions for the male and female performers.
This initiative follows the publication in November of the code of ethics of the Arès group, the parent company of Jacquie et Michel and Dorcel’s main competitor.
I’ve read both charters so I can give you a summary.
Why an ethical charter?
The big French porn production companies – and Jacquie et Michel in particular – have been the subject of various scandals in the press regarding shooting conditions.
The bad buzz in question gives you chills. It mentions sexual practices not specified in the contract, sometimes even imposed on beginner actresses who feel pressured in the heat of the moment. Abuse of vulnerable people. Ridiculous pay, for videos whose distribution is far wider than the actress had envisaged at the outset. And when she asks for the video to be pulled, the producer demands compensation far higher than the amount she was paid in exchange. Some shoots have even been filmed without prior STI and STD tests, or with falsified tests. People come out of it traumatised, and are thrown into the public eye with a level of visibility they hadn’t anticipated.
Naturally, the videos in question are neither the impeccably clean films you can see front and centre at Dorcel, nor Jacquie et Michel Elite clips, but the work of subcontractors. Indeed, Jacquie et Michel and Dorcel buy videos from numerous smaller production companies. And that’s where their defence against these incidents lies, as well as the root of the problem: the giants of French porn are not present on set, and have no way of knowing under what conditions the shoots take place.
These ethical charters therefore seem to mark a more concrete willingness to avoid partnerships with subcontractors who are not very scrupulous about respecting male and female performers. And that’s a good thing.
Dorcel’s porn ethical charter
Among the authors of the Dorcel ethical charter are Liza Del Sierra, an actress, director and porn producer, Alexandre Duclos, a doctor in sociology and political philosophy, and Matthieu Cordelier, a lawyer. They held discussions with 31 people from the X industry in order to gather their suggestions and expectations.
This charter comprises seven articles and eighteen recommendations.
Respect for human dignity
First and foremost, the charter addresses respect for human dignity. On a porn set, there must be no mistreatment, nor any imposed or illegal practices. It’s obvious, but given the testimonies that have caused a stir, it was important to state it in writing. It also specifies that every participant on a porn set must be respectful towards the others, and particularly towards their sexual partners.
It also highlights the importance of respecting hygiene and safety measures: production companies must ensure STI screening before each shoot, and provide condoms and intimate hygiene products. No male or female performer can be forced to perform without a condom against their will, and production companies are encouraged to mandate the use of a condom.
Editor’s note: some might argue that in a film meant to inspire dreams, a condom in a porn scene is an earthy element that somewhat breaks the mood. But for my part, I find, on the contrary, that the condom contributes to the realism of the scene. Practically speaking, if you were seducing the plumber who’d come to fix the washing machine, or the baker who couldn’t wait to show you her lovely loaves of bread, would you, spontaneously and by mutual agreement, without even bringing the subject up, opt for some making out without a condom? Probably not: neither the baker, nor the plumber, nor you, would want to pick up a clap.
Let us recall that, even though research has made significant progress, at present, HIV remains an incurable and very serious illness. STIs, for their part, are not harmless for one’s health; moreover, for a male or female porn performer, catching an STI means being unable to work. And salaried porn performers are a rare exception; a performer’s income depends on the shoots they have done. In the industry, you can’t really count on sick leave.
The charter recommends HIV, syphilis, gonorrhoea, trichomoniasis, hepatitis B and C, herpes and chlamydia tests – and at present, also a Covid PCR test – less than 14 days before the shoot, with the costs covered by the production company. Medical information must remain confidential.
The contract and its application
In order to prevent male and female performers from being subjected to improvised practices that they may not always dare to refuse in the heat of the moment, the charter mentions the need to establish in advance a clear contract detailing the practices, the partners, the duration of the shoot, the pay, and matters of image rights. And, of course, to stick to that contract.
The contract must be provided well in advance so that the performer has time to think it over, in a language they understand easily. And the producer must not put pressure on them to go beyond the limits of that contract.
In the event of an unforeseen circumstance or physical or psychological discomfort, a performer may cancel their contract and refuse to perform, without having to reimburse any costs. The idea that an unscrupulous producer would have the nerve to claim damages from an actress who came for a standard shoot, on the grounds that she isn’t up for a triple anal surprise, is outrageous. And of course, no court would take such a claim seriously… But here too, it’s good to specify it clearly, in order to prevent such an argument from convincing performers to submit to practices they didn’t want to do.
The contract must also mention the duration of the image rights assignment.
The charter also provides for a special support package for beginners, in order to inform them, among other things, about the charter, the legal minimum pay, the social consequences of their image being exposed on the web, and the assignment of their image rights. A reflection period will be required before they can take part in a shoot.
A “trusted third party”
The porn ethical charter also proposes that the production company, at its own expense, make an independent “trusted third party” available to the performers. Their role is to ensure the performers’ comfort, their well-being and the respect of their consent, and to provide a supportive ear as well as mediation in the event of a dispute.
This proposal splits the difference between the actresses’ need to be supported by a trusted person, and the producers’ refusal to let an outsider crash the set.
On this point – like the entirety of this charter, actually – the good will of the production company is essential for this idea to work. It’s certain that if the trusted third party in question turns out to be some thicko who thinks, like Michel, that “spankings are something the girls actually enjoy! It’s SM”, it’s unlikely to work. But there’s a good chance that the production companies that will want to ensure the charter is respected will show good faith and be judicious in their choice of person for this role.
Respect for confidentiality and privacy
According to this X ethical charter, all professionals in the porn industry must respect the privacy of others, as well as their right to work under a pseudonym and to maintain their anonymity.
All activities related to porn and their income must be declared, and all parties involved in a shoot must be identified, under contract and compliant with the legislation.
Jacquie et Michel’s X ethical charter
The code of ethics put in place by the Arès group is addressed only to the producers supplying it with content, through Jacquie & Michel and its “Elite” section, Colmax and Hot Video.
The press has repeatedly mentioned appalling shooting conditions on various Jacquie et Michel pornos, and it is presumably in reaction to these incidents that this regulation was put in place. It is not a matter of recommendations but of obligations, which the brand will monitor.
The obligations of producers distributed by Arès
The X ethical charter published by the Arès group begins with obvious points about the identity of participants in a porn shoot. Proving their age, ensuring they are not under guardianship, that they have never committed a sexual offence, etc.
However, its paragraph on abuse of vulnerability is a little strange. Participants must “guarantee that they are not using narcotics, that they do not suffer from a chronic mental or physical illness, and that they have income that allows them to live without relying on participating in the production of content“.
As for narcotics, that seems fairly logical. But why shouldn’t a person with a chronic illness, if it’s not contagious, do porn if they wish to? And above all, does the end of the sentence imply that a professional male or female porn performer would necessarily be in a vulnerable position if they decide to make a living from porn without having a second job on the side? Since when is working multiple jobs to make a living considered a sign of wealth? Would the brand thus be renouncing shoots with professionals? Strange.
Then, you find commitments fairly similar to the recommendations in Dorcel’s charter:
- No drugs or alcohol during shoots.
- Prior screening tests.
- Naturally, no illegal practices.
- Good hygiene conditions and mutual respect.
- Respecting the consent of the performers, as well as their right to withdraw from a scene, and to immediately stop the shoot in the event of an unforeseen circumstance contrary to the contract, or on the simple request of one of the participants.
- Ensuring that they have properly understood the contract, as well as the potential consequences of a massive distribution of their image.
- Providing them with an image rights assignment document upon their arrival on set, giving them time to read it, and paying for the image rights assignment.
A monitored ethical charter
The Arès group also states that it will carry out frequent and unannounced checks.
On the one hand, by sending its representatives to the sets, where they will ask the producers to provide explanations and supporting documents. On the other hand, through telephone interviews with the participants, in order to gather their testimonies and their feelings.
It will immediately sever all commercial relationships with any offenders.
Ethical porn has existed for a long time
The giants of French porn show a shared willingness to improve shooting conditions, and seem ready to take steps in that direction. That’s a very good thing, because they have enormous influence, and their interest in the well-being of performers can only have positive consequences.
However, they didn’t invent ethical porn. Feminist directors have always advocated it, with mutual respect, and a great emphasis placed on consent and safe sex during shoots. Many male and female performers also direct and market their own videos, filmed under conditions of their choosing. Buying their content is also a way of supporting a more ethical porn.
Illustrative photos: Dainis Graveris on SexualAlpha.
