As part of an initiative to decriminalise pornography in Ukraine, the Better Regulation Delivery Office (BRDO) is launching the “Pornbarometer” project. This is a series of analytical materials presenting data on the prosecution of Ukrainians for the creation, distribution, and sale of pornographic materials under Article 301 of the Criminal Code of Ukraine (CCU). With a coalition of civil society organisations, BRDO developed Draft Law No. 9623, proposing amendments to Articles 301 and 302 of the CCU. However, the document has been under review by the Committee on Law Enforcement Activities of the Ukrainian Parliament for over a year.
The first “Pornbarometer” report analyzes the activities of law enforcement agencies over the first three quarters of 2024 regarding criminal prosecution for involvement in adult content creation or distribution. In nine months, 1,104 indictments were filed in court—75% more than in the same period in 2023.
“More than a year has passed since the draft law on decriminalizing pornography was submitted, yet the persecution of Ukrainians continues: criminal cases are being initiated, and verdicts are being handed down. By launching the “Pornbarometer”, we aim to draw public attention to this issue once again. The criminalization of pornography in Ukraine is an outdated relic that does not align with modern realities or the practices of EU and US countries,” commented Ihor Samokhodskyi, Head of the IT and Telecom sector of the BRDO.
Only a small part of the criminal cases end with a court verdict. In 90% of recorded offenses under Article 301 of the CCU in 2023-2024, suspects were identified, yet only 7% of these cases resulted in convictions. According to BRDO experts, the reasons for such low effectiveness of the instruments available to the state may be corruption, “implementation of the plan” by the article to improve statistical indicators, the reluctance of suspects and accused to enter into a plea agreement with the prosecutor, etc. Additionally, overburdened courts and staff shortages lead to delays in case reviews, reducing the share of cases that result in verdicts.
In the first nine months of 2024, Ukrainian courts issued 43 guilty verdicts under Article 301 of the CCU. Ukrainians have been convicted for content shared in private messages, photos posted on dating sites, and content on the OnlyFans platform, which paid $1.27 million in taxes to the state budget last year. Typical cases reviewed by Ukrainian courts include:
- Case No. 367/4183/24, where a woman received probation and was banned from engaging in photo and video activities for selling self-produced videos via Telegram.
- Case No. 176/573/24, where a man was convicted for sharing personal photos on a dating site.
- Case No. 577/17/24, where a man was convicted for selling pornographic materials through a Telegram chat. The court refers to the Law of Ukraine “On Media”, which was not in effect at the time of the “crime” and cannot be applied to private correspondence.
- Case No. 463/6224/24, where law enforcement officers spent $385 on services such as “Bounce Tits”, “Flash Tits”, and “Exclusive Show” to fine a webcam model.
Details of other verdicts under Article 301 of the CCU in 2024 can be found at the provided link.
BRDO experts argue that, during a full-scale war, it is inappropriate to allocate law enforcement resources and budgets to prosecuting individuals for actions that pose no public threat. Resources should instead focus on investigating serious crimes, such as child exploitation or human trafficking, rather than criminalizing private Telegram messages or photos on dating sites.
BRDO and a coalition of over 25 civil society organizations oppose criminal prosecution for the creation, distribution, and sale of pornographic materials. Draft Law No. 9623, developed by the coalition to partially decriminalize Article 301 of the CCU, has been under review by the relevant Verkhovna Rada Committee on Law Enforcement Activities for over a year. It is important to note that Draft Law No. 9623 does not decriminalize child pornography, distributing pornography among minors, public display of pornography, human trafficking, or sharing pornographic content without consent.
More news on the decriminalization of pornography in Ukraine:
‘My body, my business:’ Ukrainian lawmakers move to legalize pornography
Decriminalization of pornography: how international organizations support the process