Ukraine criminalizes the distribution of pornography, citing a 100-year-old document.
Currently, Ukraine continues to follow the Soviet legacy regarding criminal liability for the distribution of pornographic materials that do not pose a public danger. At a time when erotic content has already collected more than 31 million hryvnias for the defense of our country, the production and circulation of porn in Ukraine is completely prohibited by law. The maximum sanction is imprisonment for 7 years.
Thousands of people are prosecuted under the relevant article every year. The reason for this is usually the need for Ukraine to “implement” the International Convention on the Prevention of Circulation and Trade in Pornographic Publications. We suggest you figure out what kind of contract it is.
What is the International Convention on the Prevention of Circulation and Trade in Pornographic Publications?
The document was signed in Geneva in September 1923, that is, almost 100 years ago. One of the participants of the convention at that time was the USSR.
According to the UN Secretariat (letter of the Ministry of Foreign Affairs of January 13, 2023 N 72/14-612-4714), independent Ukraine is not a party to the UN Convention on the Suppression of Circulation and Trade in Pornographic Publications.
At the same time, the Ukrainian courts in the judgments under Article 301 of the Criminal Code (Import, manufacture, sale and distribution of pornographic objects) indicate a violation of this International Convention. Scientists refer to it as a basis for the introduction of criminal liability for the distribution of any pornographic materials.
It is unacceptable to spend the funds of the state budget and the power of law enforcement agencies and courts to bring criminal responsibility for actions that are not socially dangerous and have a significant level of prevalence in society. Especially during the war.
How to fix the situation?
Last year, Ukrainian public organisations jointly advocated the decriminalization of the creation, import and distribution of pornographic products (except for images of violent acts, acts that threaten human life, and sexual acts with the participation of animals).
The initiative was supported by more than twenty public organizations and more than 70 people who signed the corresponding appeal posted on the BRDO website.
We emphasize that we do NOT propose to decriminalize:
- Production and circulation of pornographic materials with the participation of minors and animals;
- Production and circulation of pornographic materials that depict violent acts and acts that threaten human life;
- Distribution of pornographic materials among minors.
A group of public organizations, with the participation of BRDO, developed proposals for the draft law “On Amendments to the Criminal Code of Ukraine on Ensuring Freedom from Interference in a Person’s Private Life.”
We call on people’s deputies, representatives of public organisations and all concerned citizens to support the amendments to the legislation developed by us, which are based on the experience of EU countries, modern international conventions and common sense.