By Kendra Jane

In most areas of the world, the body modification industry remains highly unregulated. This means tattoos and piercings are available to the masses regardless of sex, gender, or—in many places—age. In the past, societal pressures on conformity and reserved appearances were strong enough to sway most minors away from body modification.  However, the more popular and mainstream tattoos and piercings become, the more teenagers want them and believe that they are completely socially acceptable. Take a recent example that hit North American media like a wild fire:

Will and Jada Pinkett Smith’s 11-year-old daughter, Willow, was recently given a tongue-lashing on social media after posting a picture of herself sporting a tongue piercing on Instagram. Though she later revealed that it was in fact a fake, magnetic tongue ring, people were already whipping their opinions back and forth about whether young people are too vulnerable to make permanent (or potentially scarring) decisions about their bodies. The issue: What is classified as “too young”? (CNN, 2013 Jul 6)

For us as body modification artists the larger issue at hand is who is going to decide these things for us and our clients. Whether we like it or not regulations for our industry are either a reality for you already or may be in the near future.

Although the battle over modifications for teenagers is typically fought between parents and children (Hudson, 2012), with many examples such as Willow Smith and Instagram, this debate has now entered legislative bodies around the globe.  One of the latest examples comes from Australia, where legislation just went into place (November 2012) affecting when and what modifications minors can receive. An Australian newspaper (Adelaide Now) reported that The Summary Offences (Tattooing, Body Piercing and Body Modification) Amendment Act of 2011 included redefining body modification and its related terms. (These amendments were made to  the original Summary Offences Act 1953 as well as accompanying amendments to the Criminal Law Consolidation Act 1935.) The amendments covered everything from body branding and body implantation to tattooing, piercing, splitting and stretching—and even the sale of body modification devices to minors. (Check out our Legislation Update – South Australia article for more information about this new legislation, and all of the provisions of the new Summary Offences Amendment Act.)

Closer to home (for many of us) are the examples of Health Canada: although they provide guidelines to prevent the spread of infections, communicable diseases, they do not have a legally established age requirement for body piercing. Instead, professional body piercers and health authorities agree that these requirements are regulated at a provincial or municipal level, and where no requirements exist, it is left up to the individual operator’s judgement. (In British Columbia, for example, provincial recommendations on ear and body piercings call for parental consent on anyone under the age of 19.)

It is no surprise that, stateside, there are regulations being put into place everyday to ensure that modifications are happening in proper, hygienic environments  and on clients of consenting ages, but we are starting to see such legislation being implemented—or updated—around the world. As many recent articles in The Point have discussed, the internet and social media is a driving force for our industry. (For more on “Making Safe Piercing Viral,” click here.) Countless hours are spent by hundreds of thousands  of people every day, tweeting, blogging, reposting and pinning the next piercing we are going to do. This as a call to action; let us do our part to shift the balance from YouFail videos and botched piercings to perfectly placed, well-angled piercings with beautiful jewelry. As APP member April Berardi believes: we should share and share alike. Post your own knowledge, and share what other good piercers are doing. This will do just as much to boost your own clientele, and if you’re too busy to dedicate time to editing and posting your own work, then share, share, share.  Before we are told what we can’t do, let’s show them what we can. Where there are no regulations, we need to police ourselves and promote the change we want to see. Be proactive; we must be the catalyst to drive the changes we want to see.

In a 1970 article about Lyle Tuttle in Rolling Stone, journalist Amie Hill said this in regards to her visit to Tuttle’s studio:

Far from being the sinister, greasy hole that popular fiction associates with tattooing, Tuttle’s establishment is almost disappointingly clean and well-lighted.

That was almost forty years ago, when the concept of regulating and inspecting tattoo establishments was a new idea and not nearly as stringent as some are today. Those who recognized tattoos as an art form sought to protect the future of the career they held so dear (Hudson, 2012).

Those of you reading this are the next generation of piercers and modification artists; seek to protect the future of a career you hold dear. Does Paul Booth need someone telling him how to clean and sterilize his equipment? Does Bob Tyrell or Guy Aitchison need a written reminder not to smoke while tattooing or re-use ink? No – of course not! Even if no such laws were in place, artists of this calibre would continue to raise the bar of body art safety to ensure the continuation and reputation of their livelihood (Hudson, 2012). Although piercing may not garner the same attention that tattoo artists often gain, if the current state of growth and interest in body piercing continues, this will indeed be the case.  If all humans were mature and responsible enough to regulate themselves, we wouldn’t need laws of any sort, but that is not the case. The good news is that these rules should not pose any inconvenience to the true professionals, as they are probably already acting above and beyond these laws on their own.

Editor’s Note: Regardless of any local legislation being more lenient, the APP maintains that “for any piercing of a minor, a parent or legal guardian must be present to sign a consent form. Proof positive, state issued photo identification is required from the legal guardian, and a bona fide form of identification from the minor. In the event the parent has a different last name and/or address from the child, court documentation is needed to prove the relationship, i.e., divorce papers, or a remarriage certificate. Under no circumstances is it acceptable or appropriate for a piercer to perform piercing on the nipples or genitals of an individual under 18 years of age.”