The Better Regulation Delivery Office (BRDO) continues to publish court verdicts under Article 301 of the Criminal Code of Ukraine as part of its campaign supporting Draft Law No. 12191 on the decriminalisation of adult pornography in Ukraine. This update covers a verdict issued by the Suvorovskyi District Court in Odesa, where a woman was convicted for sharing intimate videos via Telegram.
The court found the woman guilty of “two episodes of distributing pornographic content” in private messaging on Telegram. In its decision, the court referenced the Law of Ukraine “On Media,” the provisions of which apply to public mass communication. Article 2 of the law clearly states:
“The scope of this Law does not include the dissemination of mass information: (…) in the form of messages (including electronic, text, multimedia, postal, and other types of messages) sent to a defined circle of users, including through the use of electronic communications.”
“Courts and law enforcement authorities continue to reference legal norms irrelevant to the essence of such cases. These practices undermine trust in the justice system,” commented Ihor Samokhodskyi, ITC Sector Head at BRDO.
To date, at least 10 verdicts have been recorded that reference the Law “On Media.” The number will likely grow, as after the repeal of the Law “On the Protection of Public Morality,” courts have increasingly cited the “On Media” law in pornography-related cases. However, the Law “On Media” does not regulate private communications; it covers television, online media, print media, and video-sharing platforms.
Ukrainians are regularly subjected to criminal prosecution for sending private content through messengers or posting nudes on dating websites. In the fourth year of the full-scale war, law enforcement and judicial authorities continue to spend resources pursuing Ukrainians over intimate photos and videos.
BRDO, along with several civil society organizations, opposes the criminal prosecution of Ukrainians for producing and distributing pornographic materials. In November 2024, Draft Law No. 12191, which aims to decriminalize pornography in Ukraine, was registered in parliament. At the same time, BRDO supports stricter liability for the production of child pornography, distribution of materials to minors, public display of pornography, human trafficking, or sharing adult content without consent.
BRDO has launched the Telegram channel “301 Monitor” to track court rulings under Article 301 of the Criminal Code. It publishes AI-generated case summaries.
According to BRDO’s forecast, the decriminalization of pornography could generate UAH 509 million in tax revenues for the budget. To achieve this, Draft Law No. 12191 needs to be adopted, ensuring cooperation between the State Tax Service and the Bureau of Economic Security.