Consent
Ethical pornography rejects the idea that creators surrender their autonomy in a single, specific act (contract). The ethical and existentialist approach views it as a dynamic experience. Thus arises the concept of ongoing consent , which negotiates boundaries, desires, and the ability to stop, requiring both parties to be present before, during, and after the sexual act. From a philosophical perspective, it aligns with Foucault's "ethics of self-care." (Foucault, 2012) . Freedom is not a state, but a constant task where the subject audits and actively constructs himself.
Following this trend, Spain has aligned itself with the European landscape through its Organic Law 10/2022 on the comprehensive guarantee of sexual freedom, which redefines the crime of sexual assault based on explicit consent. Similarly, countries such as Germany (2016 Reform of the Sexual Offences Act), Ireland (2017 Criminal Justice Act on Sexual Offences), Sweden (2018 Sexual Consent Act), Iceland (2018 Amendment to the Penal Code, Article 194), Denmark (2020 Amendment to the Penal Code, Section 216), and Belgium (2022 Reform of the Penal Code on Sexual Offences) have also followed this legislative path.
[1] https://w ww.boe.es/buscar/act.php?id=BOE-A-2022-14630
Foucault, M. (2012). History of Sexuality: Vol 3 (The Care of the Self). Biblioteca Nueva.