The document, prepared by the Ministry for Culture and Mass Communications,
defines pornography as a detailed naturalistic image, a verbal description or a
demonstration of a sexual intercourse and genitals with a view to arouse sexual
excitement of a human being.
Erotica was defined as "the demonstration of sexual relations between humans,
which do not contain elements of pornography." Educational and medical works,
as well as works of scientific and artistic value are not to be classified as
either erotic or pornographic products, the draft law says.
The document also put forward a suggestion to ban the sale of pornography with
the participation of underage, deceased individuals and animals. The bill
excludes violence, as well as state symbols and architectural monuments from
pornography-containing products.
Any other kind of pornographic production would be available in specialized
stores, the activities of which should be licensed.
As for mass media, the bill allows to broadcast erotic and pornographic
programs from 1:00 till 5:00 a.m. All kinds of pornography will be excluded
from the Russian Internet. The publication or a pornographic material may leads
to the punishment of up to six years in prison. At present moment, pornography
is legally allowed on the Russian Internet with the exception of child porn,
which stipulates the punishment of up to eight years in prison.
The bill currently undergoes coordination at the government.
Experts say that the new law follows the example of foreign countries
regulating the public access to pornography. The novelty is aimed to make the
products of adult content less accessible for underage people.
On the other hand, the existence of the world wide web makes such efforts
pointless. About 92 percent of online surfers search the web for adult
materials.
In the United States, a 1969 Supreme Court decision which held that people
could view whatever they wished in the privacy of their own homes, STANLEY v.
GEORGIA, 394 U.S. 557 (1969), caused Congress to fund and President Lyndon B.
Johnson to appoint a commission to study pornography.
In 1970, the Presidential Commission on Obscenity and Pornography concluded
that "there was insufficient evidence that exposure to explicit sexual
materials played a significant role in the causation of delinquent or criminal
behavior." In general, with regard to adults, the Commission recommended that
legislation "should not seek to interfere with the right of adults who wish to
do so to read, obtain, or view explicit sexual materials." Regarding the view
that these materials should be restricted for adults in order to protect young
people from exposure to them, the Commission found that it is "inappropriate to
adjust the level of adult communication to that considered suitable for
children." The Supreme Court supported this view.
The most concerted opposition in the United Kingdom comes from the Mediawatch
group. This group wishes to criminalise possession of pornography.
Possession of pornography has never been an offence in the UK (except for child
pornography) but in 2006 the UK Government announced plans to criminalise
possession of "extreme pornography" punishable by 3 years in jail. The ban is
proposed because of the campaign by Liz Longhurst after the death of her
daughter, Jane Longhurst. Graham Coutts was convicted of her murder (although
the conviction was overturned in July 2006). The campaign blamed his actions on
an addiction to extreme pornography. Coutts had viewed extreme, violent
internet pornography, particularly strangulation fetish sites. Liz Longhurst's
campaign was backed by some MPs. A 50,000-signature petition was collected
against sites "promoting violence against women in the name of sexual
gratification". The move is supported by anti-pornography groups Mediawatch and
Mediamarch but resisted by umbrella group Backlash, who are supported by
organizations representing the BDSM, civil rights and anti-censorship feminist
communities. Many of those responding to the Government consultation,
especially police organizations, felt that the proposal should go much further,
and that tighter restriction on all pornography should be imposed. However, the
majority of responses to the consultation said there should be no changes in
the law.
The British government exerts a much greater degree of control over pornography
than is common in other countries. Hardcore material was not legalised until
2000, almost 30 years after the United States and the rest of Europe. Filmed
material still has to be certified by the British Board of Film Classification
in order to be legally supplied. This makes the UK's media one of the most
regulated liberal democracies.
