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Resolution 1835 (2011) Final version
Violent and extreme pornography
1. In recent years, pornography has
become a highly lucrative business, in particular due to the increasing importance
of the Internet as a means of distribution. At the same time, new
types of equipment and their wide availability have made it possible
for private individuals to become producers of pornography, which
is distributed and exchanged mainly through social media and networks
on the Internet.
2. The Parliamentary Assembly expresses deep concern at the public’s
increased accessibility to violent and extreme pornographic material,
graphically portraying scenes of degradation, sexual violence, torture, murder,
necrophilia or bestiality for the purposes of sexual arousal.
3. While recalling that freedom of expression is a pillar of
democratic societies and a right guaranteed by the European Convention
on Human Rights (ETS No. 5), the Assembly underlines that it is
possible to set limits to this right when they are prescribed by
law and are necessary in the interests of, amongst others, the prevention
of crime, the protection of morals and the protection of the rights
of others.
4. The Assembly notes the great disparities between Council of
Europe member states in the degree of regulation of pornography
with, at one end of the spectrum, countries where the production,
distribution and possession of pornographic material is totally
forbidden, and at the other end, countries where there is hardly any
prohibition, even with regard to forms of violent and extreme pornography.
5. It also regrets that a common feature in member states is
the poor enforcement of existing laws and regulations on the production
and distribution of pornography.
6. Acknowledging that the number of consumers of pornography
in Europe has increased, the Assembly warns against the desensitisation
resulting from continued exposure or addiction to pornography, and
against a process of normalisation in which moral coercion and physical
violence may be considered as acceptable.
7. In addition, noting that the portrayed victims are in the
great majority women, the Assembly is concerned about the negative
impact of violent and extreme pornography on women’s dignity and
their right to live free from sexual violence. In this regard, the
Assembly considers that this type of pornography further erodes
the conditions for achieving effective gender equality, alongside
other forms of hard and soft pornography, the widespread use of
sexualised images of women for commercial purposes and the portrayal
of gender stereotypes by the media and the entertainment industry.
8. Furthermore, the Assembly reiterates the need to ensure that
children are protected against exposure to violent and extreme pornographic
material which might harm their balanced development.
9. In the light of these considerations, the Assembly calls on
the member states to:
9.1. as concerns
law and policy:
9.1.1. ensure the effective implementation
of existing laws regulating the production, distribution and sale
of pornographic material;
9.1.2. when appropriate, revise existing laws to ensure these
provide adequate sanctions in case of violations, and monitor their
compliance and implementation;
9.1.3. establish an obligation for companies to submit all audiovisual
works for classification prior to commercial distribution;
9.1.4. where applicable, strengthen sanctions for non-compliance
with the obligation to submit audiovisual works for classification
with the relevant body and sanctions for distributing such material
without classification;
9.1.5. assess the impact of existing laws and regulations applying
to violent and extreme pornography and revise them, if appropriate,
taking into account the possibility of:
9.1.5.1. introducing
specific legislation to criminalise the production and distribution of
violent and extreme pornography;
9.1.5.2. criminalising the possession of violent and extreme pornography,
including for personal use;
9.1.6. ensure that existing law is implemented in a non-discriminatory
way, including with regard to sexual orientation;
9.1.7. set up or support the setting up of hotlines or other
facilities to provide advice to the public and receive complaints
about illegal content;
9.2. as regards the protection of minors:
9.2.1. step
up their efforts to combat child pornography;
9.2.2. introduce and enforce adequate sanctions for the sale
of pornographic material to minors;
9.2.3. enforce adequate sanctions for breaches of the prohibition
for adults to be portrayed as minors;
9.2.4. introduce the compulsory classification of all video games,
including pornographic and violent games, and make their sale and
distribution conditional upon receiving clearance from the relevant
classification body;
9.3. as concerns research:
9.3.1. encourage and support
scientific research to assess the impact of violent and extreme pornographic
images on the user, also with a view to investigating the possible
links between habitual consumption of violent and extreme pornography
and an increased inclination to violent sexual behaviour. Research
should also clarify, by means of comparative studies, whether the impact
on viewers varies depending on the real or fictitious nature of
images;
9.3.2. conduct or encourage regular surveys on standards of obscenity
as perceived by the public as well as consultations with civil society;
9.3.3. encourage or support research on the links between pornography,
prostitution and trafficking, as well as between violent and extreme
pornography and child-abuse images;
9.4. as regards training and awareness raising:
9.4.1. develop
sex education material and programmes for children and young people;
9.4.2. support training for social workers and health professionals
dealing with addiction to pornography;
9.4.3. support training for social workers and law enforcement
officials dealing with people who have been coerced into pornography.
10. Finally, the Assembly reiterates its call on Council of Europe
member and observer states to sign and ratify:
10.1. the Council of Europe Convention
on preventing and combating violence against women and domestic
violence (CETS No. 210);
10.2. the Council of Europe Convention on the Protection of
Children against Sexual Exploitation and Sexual Abuse (CETS No.
201);
10.3. the Convention on Cybercrime (ETS No. 185).