Where Pornography First Became Legal: A Historical Timeline
Tracing the groundbreaking legislative shifts that transformed adult content from criminal contraband to regulated commerce—starting with Denmark's revolutionary 1969 decision.
The Danish Revolution
On July 1, 1969, Denmark became the first nation in the world to fully legalize pictorial and audiovisual pornography for adults. This landmark decision didn't happen in isolation—it was the culmination of a two-stage reform that began in 1967 when Denmark first legalized pornographic literature.
The decision was made by Conservative Minister of Justice Knud Thestrup, who paradoxically hoped that legalization would actually reduce public interest in pornography. The thinking was straightforward: if forbidden fruit becomes ordinary, it loses its appeal.
The reform came during the height of the hippie movement and the concept of "free love" sweeping across Denmark and the Western world. Rather than increasing demand, legislators believed legalization would satisfy curiosity and diminish the allure of the forbidden.
The reality proved different. Instead of killing curiosity, legalization gave birth to an entirely new industry. Copenhagen became synonymous with sex and pornography, transforming into a hub for adult content production.
The Scandinavian Domino Effect
Denmark's decision triggered a cascade of legislative changes across Scandinavia and Western Europe.
| Year | Country | Scope of Legalization |
|---|---|---|
| 1967 | Denmark | Written/literary pornography legalized |
| 1969 | Denmark | Full legalization: pictorial and audiovisual |
| 1970-71 | Sweden | Total deregulation of printed pornography |
| 1971 | Netherlands | Supreme Court ruling decriminalized |
| 1973-75 | West Germany | Decriminalized hardcore production and sale |
| 1985 | Netherlands | Formal parliamentary legalization |
| 2006 | Norway | Hardcore pornography finally legalized |
The Birth of the Commercial Industry
Following Denmark's 1969 legalization, companies like Color Climax Corporation rapidly expanded from clandestine operations to legitimate businesses. Founded in 1967 by the Theander brothers, Color Climax had operated underground, selling explicit materials "under the counter."
Post-legalization, the company became one of Europe's leading pornography producers, pioneering the mass production of 8mm film loops in the 1970s. Copenhagen's Istedgade district transformed into what many called the world's "Porno Mecca."
The Kutchinsky Studies
Danish Professor of Criminology Berl Kutchinsky found himself in a unique position to study the effects of pornography legalization across Denmark, Sweden, and West Germany. His findings, commissioned by the United States President's Commission on Obscenity and Pornography, were groundbreaking.
Kutchinsky documented a 63% decrease in sexual offenses in Copenhagen between 1959 and 1969. Contrary to fears that freely available pornography would fuel sexual violence, rates of certain crimes—including child sexual abuse—actually declined.
Regulatory Approaches Compared
The American Approach: Miller v. California
While European nations moved toward liberalization, the United States took a different path. The 1973 Supreme Court case Miller v. California established the three-pronged "Miller Test" that remains the legal standard for obscenity determination today.
Rather than outright legalization, America adopted a framework where material is considered obscene—and thus unprotected by the First Amendment—only if it meets all three criteria: appeals to "prurient interest" by community standards, depicts sexual conduct in a "patently offensive" way, and lacks "serious literary, artistic, political, or scientific value."
Three-prong community standards test. Hardcore pornography generally protected unless it fails all three criteria. No national standard—varies by locale.
Obscenity clause from the Meiji era still in force. Requires censorship of genitalia in all media. Largest porn industry globally despite restrictions.
The Japanese Paradox
Japan presents a fascinating contradiction. Article 175 of the Japanese Penal Code, dating from 1907, prohibits the distribution of "obscene" materials. Courts have interpreted this to require censorship of genitalia in all visual media—hence the pixelation or mosaic patterns.
Yet despite these restrictions, Japan has developed the world's largest pornography industry, generating approximately $20 billion annually compared to $12 billion in the United States. The censorship requirement, rather than suppressing the industry, appears to have channeled creativity into alternative expressions and genres.
The Nordic Divergence: Denmark vs. Norway
Perhaps no comparison better illustrates the divergent paths of pornography regulation than Denmark and Norway—two culturally similar Scandinavian nations that took opposite approaches for nearly four decades.
While Denmark pioneered legalization in 1969, Norway maintained some of Europe's strictest regulations until 2006. The difference? Norwegian Christian conservative values, combined with massive mobilization by feminist groups against liberalization.
Despite sharing over 400 years under the same crown and maintaining strong cultural ties, Denmark and Norway represented opposite extremes of European pornography regulation for nearly four decades—proving that historical similarity doesn't predetermine policy outcomes.
The Correction Phase: Child Protection
The initial wave of liberalization created an unintended consequence: when Denmark and Sweden abolished their pornography bans in 1969-1970, they inadvertently legalized all pornography—including content involving children. This gap existed until corrective legislation was passed in Denmark (1980) and Sweden (1979).
This led to a dual evolution in pornography policy across developed nations: increasingly permissive regulations for adult content, combined with increasingly restrictive rules and severe sanctions for child sexual abuse material.
Legacy and Lasting Impact
Denmark's 1969 decision fundamentally altered global approaches to adult content regulation. It established the precedent that governments could choose regulation over prohibition, that legalization didn't necessarily increase sexual violence, and that pornography could be treated as a legitimate industry subject to taxation and oversight.
- Denmark pioneered legalization on July 1, 1969, becoming the first nation to fully legalize pictorial and audiovisual pornography
- The "domino effect" saw Sweden, Netherlands, and West Germany follow within six years
- Kutchinsky's research documented a 63% decrease in sexual offenses in Copenhagen post-legalization
- The American approach via Miller v. California (1973) created a community standards framework rather than outright legalization
- Japan's paradox shows censorship requirements coexisting with the world's largest porn industry ($20B annually)
- Child protection became the universal consensus, with all developed nations strengthening protections by 2010
- Norway's late adoption (2006) proves cultural similarity doesn't predetermine regulatory outcomes
Today, the vast majority of Western democracies have adopted some form of regulated permissiveness for adult pornography, while strengthening protections for minors and non-consenting participants. The framework established in Copenhagen over half a century ago continues to influence policy debates.
