Pornography in Europe

Pornography in Europe has been dominated by a few pan-European producers and distributors, the most notable of which is the Private Media Group that successfully claimed the position previously held by Color Climax Corporation in the early 1990s. Most European countries also have local pornography producers, from Portugal (e.g. Naturalvideo) to Serbia (e.g. Hexor), who face varying levels of competition with international producers. The legal status of pornography varies widely in Europe; its production and distribution are illegal in countries such as Albania, Belarus and Bulgaria, while Hungary is noted for having liberal pornography laws.

Albania

In Albania, pornography is illegal only for producing, delivery, advertising, import, selling and publication of pornographic materials in persons under 18 years old. Child pornography is strictly prohibited.[1]

Austria

In Austria, "youth-imperiling" materials or those which violate human dignity may not be displayed or sold to people under 16 years of age. Nudity does not fall under this restriction.

Belarus

Pornography is illegal in Belarus. Production, distribution, promotion, exhibition as well as possession with intent of distribution or promotion of pornographic materials or objects of pornographic nature is punished by Belarusian criminal law and results in compulsory community service, fine or up to 4 years of imprisonment.[2]

Belgium

Pornography is legal in Belgium. The products (magazines and DVDs) are essentially import products from Europe (France, Germany, the Netherlands) or North America. There is also a little local production, mostly amateur, most notably from a group of free spirited people called Godelina.

Bulgaria

In the People's Republic of Bulgaria (1946–1990) pornography was only available to a comparatively limited number of people. What pornographic materials there were (mostly magazines and videocassettes) were smuggled into the country. The abandonment of censorship in the early post-communist period resulted in pornography became widely available. In the early 1990s pornographic magazines were sold at newsstands, pirated foreign pornographic videocassettes became available and foreign pornographic television stations were accessible. The first Bulgarian pornographic film was made in 1992.[3]

Porn production and distribution is illegal in Bulgaria. All pornographic filming and online sex is illegal. There are no Bulgarian porn production companies. The penalty for production or distribution of pornography is up to one year imprisonment (or up to two years if the criminal used the Internet) and a fine of 1000 BGN to 3000 BGN. The penalty for distribution or possession of child pornography is up to one year imprisonment or a fine of up to 2000 BGN. Authorities tolerate illegal distribution of hardcore porn in designated shops, and on TV after 11 pm. Softcore material is rarely censored. Magazines and pornographic papers have become increasingly available since the fall of communism in 1989, and local editions of many international porn magazines are published. Society is often exposed to sexual content in advertising.[4][5]

Croatia

Pornography is legal in Croatia. Hardcore pornographic material may not be sold to persons under the age of 18. Distribution or possession of child pornography is illegal and punishable by a maximum of 10 years imprisonment.

Cyprus

Pornography is legal in Cyprus. Selling pornographic material to people under 18 years old is illegal. Child pornography is strictly illegal.

Czech Republic

Pornography is legal in the Czech Republic. Sale and distribution of child pornography is illegal and is punishable by imprisonment for up to 3 years. Possession of child pornography was made illegal in 2007 and carries penalty of up to 2 years in prison. The Czech penal code also bans sale and distribution of pornography depicting sexual intercourse with an animal and pornography depicting violence or disrespect to human beings, with penalty of up to 1 year in prison.[6]

Denmark

A ban on pornographic literature was lifted in 1967. In 1969, Denmark became the first country in the world to legalize pornography.[7] People in Denmark have free access to pornography; it is sold in most convenience stores, and is available for purchase or rental in practically every video store. Pornography including minors younger than 18 years is prohibited, and possession is illegal.

Estonia

Pornography is legal, distribution or production is regulated by law.[8]

Finland

In Finland, child, violent, and bestial pornography is banned.[9] It is legal to sell pornography in any store, but magazines may not be sold to buyers under 15 years of age, and hardcore is restricted to buyers 18 years or older.

Prior to 1 January 1999, all indecent publishing, including the import and export thereof, was banned.[10]

France

In 1976, a law that put considerable sanctions on pornographic films in distribution and taxation, known popularly as Code X was imposed, creating a situation that led pornography to develop itself on its own right. Since then, pornography has been a growing economy in France, now existing in various forms from magazines to satellite TV broadcasting.

Germany

Early years of German pornography began with the softcore film Graf Porno und seine Mädchen (Count Porno and his girls) in 1968. The movie's success (more than 3 million admissions) lead to a whole series of films that was and is referred to in German media as the Sex-Welle (sex wave). The most well known film of this period is Schulmädchen-Report: Was Eltern nicht für möglich halten (The School-Girl Report, what the parents don't believe possible) by Ernst Hofbauer in 1970. The sex scenes had become bolder with time and by 1975, when the legal ban of pornography was lifted, the era of German hardcore pornography began.

Director Hans Billian was the protagonist of the period and the films were usually in line with the so-called "Bavarian porn sex comedies", often depicting male performers as comic characters, like Sepp Gneißl in Kasimir der Kuckuckskleber (1977). This era was also characterised by several Josephine Mutzenbacher films.

Today's German pornography is generally very similar to the American "glamour" pornography though often tailored primarily for the German market. In contrast several German labels focus on a more "home-made" amateur flair, often focusing on intense hardcore themes such as gang bangs, bukkake and urine fetishism; most notably 'German Goo Girls' and other series by John Thompson Productions.

Due to popular belief outside of Germany, fecal pornography known as "Scheisse porn" (using the German slang word for faeces) or, more commonly, as "Kaviar" (a generic term) supposedly is particularly popular in Germany, with companies like SG-Video and performers like Austrian Veronica Moser and Simon Thaur or English Ben Chambers specializing in the concept. Although German companies have their fair world market share in producing for this niche market, the major percentage is sold into export.

Greece

In Greece, softcore magazines, calendars, and decks of cards are sold openly at roadside kiosks and tourist shops. Hard core pornography is also freely distributed in convenience stores, kiosks and video stores and can also be shown in encrypted channels and adult cinemas. Selling pornographic material to people under 18 years old is illegal, but in practice the law is not always enforced. Since 2008 there is also a legal little local production. Child pornography is strictly illegal.

Hungary

In Hungary, the production of pornography mainly dates from the period after the fall of communism in 1989. The production and distribution of pornography was illegal under communism, but the laws were liberalised with the emergence of democracy.[11] Permissive government policies soon propelled the country to the forefront of the European pornography industry. Several foreign directors were attracted to the country's liberal legislation, cheap production costs and large supply of attractive female performers.[12] Eventually, domestic producers began to prosper as well, and several female actresses made big names for themselves within the industry. Hungarian pornography is different from that produced in American in the more natural appearance of its performers. The sex scenes also tend to be more extreme, with frequent use of anal sex and various forms of multiple penetration.[13]

Iceland

Publication of pornography is illegal in Iceland,[14] and is punishable by a fine or imprisonment for up to 6 months. Publication of child pornography is punishable by a fine or imprisonment for up to 2 years. In 2013 the Icelandic government proposed banning violent Internet pornography[15][16] and Iceland's parliament began debating a ban on online pornography.[17]

Ireland

Other than regulations regarding pornographic movies, no laws against pornography, other than child pornography (a child is defined as someone under 18), exist.[18]

Italy

Although Italy had accumulated a lot of softcore pornography in the 1970s, hardcore pornography was not a usual trend until the 1980s. The first pornographic film in Italy was Il Telefono rosso (The red telephone) in 1983 by Riccardo Schicchi with Ilona Staller (aka "Cicciolina"). The film caused much controversy and it was restrained from legal release until 1986 with an alternate revision of Italian censorship laws.

Latvia

In Latvia, the distribution of pornographic material is allowed under very similar legal conditions as in Poland.[19] Pornographic or erotic material is rarely to never sold in places accessible to general public.

Lithuania

In Lithuania, commercial distribution of pornographic material is prohibited by the Article 309 of the country's Criminal Code which states that "A person who, for the purpose of distribution, produces or acquires pornographic material or distributes such material shall be punished by community service or by a fine or by restriction of liberty or by imprisonment for a term of up to one year.".[20]

Erotic material does not fall into this category and is widely accessible in shops and supermarkets.

Malta

In Malta, pornography and obscene material was outlawed until later 2016, regardless of whether it has a commercial interest or whether it is directed to an adult audience. The relevant law in this respect was Article 208 (1) of the Criminal Code of Malta which prohibited the manufacture, print, importation, circulation and exportation of pornographic or obscene print, painting, photograph, film, book, card or writing, or any other obscene article whatsoever, whether for gain, or for distribution, or for display in a public place. In a decision given on 21 February 2011,[21] the Maltese Court of Criminal Appeal upheld the criminal conviction of Mr. Alexander Baldacchino who was found guilty of exhibiting soft and hardcore pornographic films at the City Lights Theatre in Valletta.[22] In another judgement, student editor Mark Camilleri and author Alex Vella Gera were found not guilty under Article 208 (1) of the Criminal Code and Article 7 of the Press Act (obscene libel) for the publication of an obscene story entitled Li Tkisser Sewwi (translated in English to 'Repair that which you break') in student newspaper Realtà (distributed for free on campus at the University of Malta) by the Court of Magistrates (Malta). The decision was upheld by the Court of Criminal Appeal.[23]

In 2015 the Minister of Social Justice Owen Bonnici started to work on legislation to allow both services or art to create pornographic material while also giving official right to access pornographic material.[24] By late 2016 the parliament of Malta gave the green light for most pornographic material.[25] Pornography involving minors, disabled and extreme forms of expression, including threats with the use of such material, remain illegal.[26]

Netherlands

Norway

In Norway, hardcore material was illegal for years de jure to distribute, or sell, but legal to possess. Production, however, was not explicitly illegal, thus both photo and movie shoots occurred. One could acquire pornography abroad, on the Internet, or via satellite TV. Illegal porn shops also existed, especially in larger cities. To satisfy legal requirements, editors of erotic magazines, domestic TV channels, and cable TV obscured sexual organs in activity using black rectangles and the like. After the Norwegian Supreme Court unanimously acquitted a former magazine editor on 7 December 2005 for publishing unobscured hardcore pornography in 2002, it became understood that printed hardcore pornography was no longer illegal. Pornographic magazines and movies were introduced in general stores in 2006. Regular and cable TV tend to abide by the old standards, seeing that edited TV is regulated by a separate law and thus is not affected by the Supreme Court decision. Video-on-demand, however, is not regulated by the TV laws, and, thus, pornography is legal to order.

The depiction of illegal sexual activities, including those involving children, animals, necrophilia, rape, violence, or the use of force, remains illegal.[31][32][33]

Poland

In Poland, as of September 1998, Article 202 of the national Penal Code makes pornography legal except for the production or possession of pornographic materials containing minors, bestiality (zoophilia), and "scenes of violence/rape". Also illegal is presenting or showing pornographic materials to people who do not want to have any contact with them, and to persons under 15 years of age. Pornographic magazines and movies are sold in transparent plastic bags openly in kiosks, gas stations, etc..

Portugal

In Portugal, hardcore pornographic movies can only be shown in adult cinemas. Videos and magazines are openly sold in newsstands but are forbidden by law to be supplied to minors under the age of 18 years. Additionally, hardcore pornographic movies are banned from open-channel TV and can only be broadcast through encrypted/pay-per-view channels.

Child pornography (i.e., pornography depicting children or juveniles below the age of 18) is illegal. Although the national age of consent is 14, the age of legal responsibility (i.e., the age a person can sign contracts consenting to appear in pornography) is 18.

Romania

Pornography is legal in Romania. Magazines must be enclosed in plastic bags (or something equivalent) with a small red square printed on the enclosing material. Pornographic TV channels offered by cable operators must be encrypted. Pornographic materials cannot be sold to minors under 18.

Russia

Most Russian porn is produced in Moscow and in St. Petersburg where the largest adult film producer, SP-Company, is based. The types of Russian adult films may range from gonzo pornography to adaptations of Russian classics (Eugene Onegin (by Tatiana Taneyeva (2003)), The Master and Margarita (by Armen Oganezov & Sergei Pryanishnikov (2002)) etc.) and these productions basically aim the domestic market. Much of the pornography is produced for the international internet market.

According to Russian law, consumption of pornography is allowed though the production of it is not. The illegal production, distribution, and "public demonstration" of pornography is punishable by a 2- to 6-year prison term. Roskomnadzor, the Russian government's media overseer, has the power to order the blocking of pornographic websites. In 2015 the agency required the blocking of the Russian-language version of Pornhub and 10 other pornographic sites on the basis of a court ruling.[34]

Serbia

Pornography is legal in Serbia. Hardcore pornographic material may not be sold to persons under the age of 18. Distribution or possession of child pornography or pornography involving minors (under 18) is illegal and punishable by law.

Spain

Pornography in Spain is legal, and enforcement of obscenity laws is lax. It is illegal to display pornographic material at newsstands, but the great majority do so with a big X covering them. In many cities and towns there are a big variety of sex shops or erotic shops. E-commerce merchants from all around the world use I.P.S.P. (Internet clearing services) from Spanish banks. The headquarters of Private Media Group, Europe's biggest pornographic company, are in Barcelona.

Sweden

Sweden has no age laws for the possession or viewing of pornography. Some shops follow a voluntary limit and do not sell to minors. Material that involves animals is legal, though it is subject to animal-welfare laws. BDSM is classified as an "illegal depiction of violence" (olaga våldsskildring).[35]

It is illegal for people under the age of 18 to act or pose for pornography in Sweden. Pornographic photographs and films depicting children are illegal even if the material was legal in the originating country.

Switzerland

Pornography in Switzerland is defined by the Article 197 of the Swiss criminal code. The first alinea states that «Any person who offers, shows, passes on or makes accessible to a person who is under the age of 16 pornographic documents, sound or visual recordings, depictions or other articles of a similar nature or pornographic representations, or broadcasts any of the same on radio or television is liable to a custodial sentence not exceeding three years or to a monetary penalty.» Furthermore, it is illegal to produce, import, store, market, advertise, exhibit, offer, show, pass on or make accessible pornography that depicts sexual acts involving children (under 16 years old) or animals, human excrement, or acts of violence, called "hard pornography".

Since July 2014,[36] human excrement and urine are not considered being "hard pornography" anymore. Until June 2014, actors aged 16 and above could participate in a pornography production; however, since July 2014, if a person "looks" or is under 18 years of age, the material is considered as pedo-pornography. This is due to the Swiss ratification of the Lanzarote Convention.

The age of viewing pornography stays fixed at 16 years old (Art. 197 al. 1 of the Swiss criminal code).

The same materials cited above are nevertheless not regarded as pornographic if they have a cultural or scientific value that justifies their protection by law.[37]

Turkey

Main article: Pornography in Turkey

Turkey, which is a secular state with a Muslim majority, was the first country to legally produce pornographic materials in the Muslim world. After a long period of producing Italian-inspired softcore comedies in the 1970s, the hardcore film Öyle Bir Kadın Ki was distributed in 1979.

Ukraine

Pornography was outlawed in Ukraine in 2009, when Victor Yushchenko, then president, signed the new legislation.[38] The new law has been approved overwhelmingly by the Verkhovna Rada (the Ukrainian parliament), it was signed by the president in July 2009.[39] The possession, distribution, sale and manufacture of pornographic materials are illegal carrying a fine or a jail sentence up to 3 years. Pornography is defined by the law as "vulgar, candid, cynical, obscene depiction of sexual acts, pursuing no other goal, the explicit demonstration of genitals, unethical elements of the sexual act, sexual perversions, realistic sketches that do not meet moral criteria and offend honor and dignity of the human by inciting low instincts. "[40] Pornography for 'medical purpose' remains legal.[41]

Wiska, one of Ukraine's internationally known pornstars, alleges continuous and unconstitutional persecution for her abroad work, and has unsuccessfully applied for political asylum in the European Union.[42]

United Kingdom

"In Britain, where pornography is already more restricted than it is anywhere else in the English-speaking world or in Western Europe", according to Avedon Carol, "sexual media is easily smeared for an audience that is seldom given an opportunity to see what really is sold under the name of 'pornography'".[43] However the current British legislative framework including the Obscene Publications Act 1959 (in England and Wales), the Civic Government (Scotland) Act 1982 and the Video Recordings Act 1984 leads to a confusing situation in which there is a theoretical ban on the publication and distribution (but not possession) of pornographic material in any form, which is in practice unenforcable due to the vagueness of the legal test of material that "depraves and corrupts". In practice, hardcore material on video and DVD was until recently banned by the requirement under the Video Recordings Act to be certified by the BBFC, while mainstream hardcore material in other forms such as magazines and websites is essentially unrestricted. European, American and British hardcore pornographic magazines are now openly sold in many British newsagents, for instance. Due to liberalisation in BBFC policy, mainstream hardcore DVDs now receive R18 certificates, legalising them but restricting their sale to licensed sex shops such as those in Soho.

British-made pornography tends to focus on a rough-and-ready semi-amateur look rather than the more stylized glamorous look of Continental European pornography.

The UK is still the only Member State of the European Union that prohibits private imports of adult pornography by consumers coming from other Member States of the European Union. In the 2004–2005 fiscal year, the agents of Her Majesty Revenue & Customs seized 96,783 items of pornographic media carried by people travelling into the UK.[44]

The UK porn industry is estimated to be now worth about £1 billion, compared to £20 billion worldwide.[45]

See also

Further reading

References

  1. ↑ "Criminal Code of the Republic of Albania". Article 117. Retrieved 11 June 2013.
  2. ↑ Republic of Belarus Criminal Code — Article 343. "Production and distribution of pornografic materials or objects of pornographic nature". (Russian)
  3. ↑ Ninov, Borislav (2001). Genov, Nikolai; Krasteva, Anna, eds. Recent Social Trends in Bulgaria, 1960-1995. Comparative Charting of Social Change. 8. McGill-Queen's Press. pp. 395–8. ISBN 9780773568259.
  4. ↑ "Act to amend the Criminal Code of Bulgaria". Bulgarian Parliament. 2007-05-11. Retrieved 2014-07-14.
  5. ↑ "Online pornography appears in State Gazette of Bulgaria". Еconomedia. 2007-05-23. p. 1. Retrieved 2014-07-14.
  6. ↑ "Trestní zákoník - Část II. - Hlava III. - Trestné činy proti lidské důstojnosti v sexuální oblasti". Business.center.cz. Retrieved 2014-01-21.
  7. ↑ Denmark in the International Encyclopedia of Sexuality - "...Denmark was the first country in the world to legitimize written pornography in 1967 (followed by pictorial pornography in 1969).".
  8. ↑ "Pornograafilise sisuga ja vägivalda või julmust propageerivate teoste leviku reguleerimise seadus – Riigi Teataja" (in Estonian). Riigiteataja.ee. Retrieved 2014-01-21.
  9. ↑ "Strafflag, 17 KAP, 18 §". Finlex.fi. Retrieved 2014-01-21.
  10. ↑ "FINLEX ® - Ursprungliga författningar: 23/1927". finlex.fi. Retrieved 17 January 2015.
  11. ↑ Sigel 2005, p. 180, The Hungarian Example.
  12. ↑ Sigel 2005, p. 179, The Hungarian Example.
  13. ↑ Sigel 2005, pp. 187–9, The Hungarian Example.
  14. ↑ "(Icelandic language) Icelandic general criminal code, article 210". Althingi.is. Retrieved 2014-01-21.
  15. ↑ "Naked ambition". The Economist. ISSN 0013-0613. Retrieved 19 August 2015.
  16. ↑ Murphy, Meghan. "Creating gender equity: Lessons from Iceland". www.aljazeera.com. Retrieved 19 August 2015.
  17. ↑ McVeigh, Tracy. "Can Iceland lead the way towards a ban on violent online pornography?". The Guardian. Retrieved 17 February 2013.
  18. ↑ (eISB), electronic Irish Statute Book. "electronic Irish Statute Book (eISB)". www.irishstatutebook.ie. Retrieved 2016-11-14.
  19. ↑ "Law on Pornography Restrictions". Retrieved 2014-01-21.
  20. ↑ "Article 309. Possession of Pornographic Material".
  21. ↑ "Il-Pulizija vs Alexander Baldacchino, Court of Criminal Appeal (Inferior Jurisdiction), 21 February 2011 (Reference 419/2010)".
  22. ↑ "Waylon Johnston, 'Valletta cinema operator accused of screening pornographic films' (timesofmalta.com, 25 July 2009)".
  23. ↑ "Waylon Johnston, 'Acquittal of editor, writer confirmed by appeals court' (timesofmalta.com, 09 February 2012)".
  24. ↑ "Porn shops to be allowed in Malta, no longer a crime to vilify religion". The Malta Independent. 8 July 2015. Retrieved 3 September 2016.
  25. ↑ http://www.justiceservices.gov.mt/DownloadDocument.aspx?app=lp&itemid=27811&l=1
  26. ↑ http://www.justiceservices.gov.mt/DownloadDocument.aspx?app=lp&itemid=27845&l=1
  27. ↑ "wetten.nl - Wet- en regelgeving - Wetboek van Strafrecht - BWBR0001854" (in Dutch). Wetten.overheid.nl. 2012-12-24. Retrieved 2014-01-21.
  28. ↑ "wetten.nl - Wet- en regelgeving - Wetboek van Strafrecht - BWBR0001854" (in Dutch). Wetten.overheid.nl. 2012-12-24. Retrieved 2014-01-21.
  29. ↑ "wetten.nl - Wet- en regelgeving - Wetboek van Strafrecht - BWBR0001854" (in Dutch). Wetten.overheid.nl. 2012-12-24. Retrieved 2014-01-21.
  30. ↑ "wetten.nl - Wet- en regelgeving - Wetboek van Strafrecht - BWBR0001854" (in Dutch). Wetten.overheid.nl. 2012-12-24. Retrieved 2014-01-21.
  31. ↑ "Høyesterett sier ja til porno — Dagbladet.no". Retrieved 2006-08-26.
  32. ↑ "Porno-frifinnelse i Høyesterett". Retrieved 2006-08-26.
  33. ↑ "NRK.no — Kultur". Retrieved 2006-08-26.
  34. ↑ "Russia Blocks Access to Popular Porn Sites". Transitions Online. 15 September 2016. Retrieved 16 November 2016.
  35. ↑ "Man freed in landmark S&M case".
  36. ↑ (French) La consommation de pornographie dure est punissable à partir du 1er juillet 2014, Cybercrime Coordination Unit Switzerland, Federal Department of Justice and Police, retrieved 29-08-2014
  37. ↑ Swiss Criminal Code Art. 197 - Pornography, admin.ch. Retrieved 2014-05-11.
  38. ↑ "Ukraine slaps ban on all porn". Theregister.co.uk. Retrieved 2014-02-11.
  39. ↑ "In Ukraine, this photo may be porn". GlobalPost. 2010-05-30. Retrieved 2014-01-21.
  40. ↑ "'Pornography' banned, but not defined". Kyivpost.com. 2009-06-25. Retrieved 2014-01-21.
  41. ↑ "Ukraine bans porn…except for medical purposes". Inquisitr.com. Retrieved 2014-01-21.
  42. ↑ Чехія остаточно відмовила колишній порноакторці Wiska в статусі біженки (Ukrainian)
  43. ↑ Carol, Avedon (June–August 1995). "The Harm of Porn". The Law. Retrieved 2014-01-21.
  44. ↑ "HM Revenue & Customs Annual Report 2004-05 and Autumn Performance Report 2005" (PDF). Retrieved 2014-01-21.
  45. ↑ "Britain becoming the largest porn market". Chinadaily.com.cn. 2006-05-30. Retrieved 2014-01-21.
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