Russia: No changes on porn laws

May 19, 2006

The lower house of Russian parliament - the State Duma - has rejected a draft bill offering a legal definition of pornography last week, the RIA-Novosti news agency reported.

The bill, submitted by the nationalist Rodina (Motherland) faction, received the support of only 91 deputies, while 226 votes were required.

The authors of the draft suggested amending the provisions of the penal code governing punishment for dissemination of pornography and offered a legal definition of pornography. The authors hoped that would help prevent ambiguities in interpretation.

But most deputies rejected the draft, saying it was not likely to help improve the situation, on the contrary, it would make law enforcement even more complicated.

The current Russian law, Article 228, Russian Criminal Code(1), reads as follows:

The production, circulation, or advertising of pornographic works, printed publications, pictures or any other articles of a pornographic character, and also the trading therein or the possession with the goal of sale or dissemination... shall be punished by deprivation of freedom for a term of up to three years, or a fine of up to three months' minimum pay, with the mandatory confiscation of the pornographic articles and the means of their production.

Anyone who has been to Russia in the past six years would probably be surprised to learn that there is an anti-pornography law on the books or that it is still enforced.

Certainly, a casual survey of the wares of table merchants in urban underpasses would reveal that pornography (although its popularity has declined) is still in abundance on the streets.

In spite of (or perhaps because of) this situation, there is a general interest in controlling the spread of pornography and there are constantly new ideas and new laws to deal with the perceived menace of such material.

Recently, for example, the Russian General Procuracy and the Ministry of Culture proposed an anti-pornography amendment to the Press Law. But the sale of pornography seems restricted only by market forces.

Such legislation is often motivated by the wrong forces. Igor Kon notes correctly that anti-pornography rhetoric is often voiced by conservatives who are far more interested in restoring control over individual liberty than in protecting society.

Rather than illustrating how conservatives use pornography for political leverage, some say there is a agenda behind anti-pornography legislation under the Soviet and post-Soviet regimes. They argue that the bases of the conservative sexual agenda have remained unchanged since Soviet times and are symptomatic of more serious problems in Russian democratisation. These pundits day anti-pornography agenda, in fact, is historically founded in anti-democratic ideals.


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