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Pornography in Europe

Pornography 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 Ukraine, Belarus and Bulgaria, while Hungary has liberal pornography laws.

Europe map of pornography laws (France and Portugal not included):
  Generally legal with certain extreme exceptions
  Partially legal, under some broad restrictions, or ambiguous status
  Illegal
  Data unavailable

Albania edit

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 edit

In 1990, the "Federal Act Against Obscene Publications and for the Protection of Youth Morally Endangered" was passed to regulate pornography in Austria. In 1994 a prohibition on child pornography was added to the law. Under these regulations the minimum age for buying softcore pornography in Austria is 16 and the minimum age for buying hardcore pornography is 18. Publication of pornography or material depicting bestiality is illegal.[2]

Belarus edit

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 imprisonment.[3]

Belgium edit

Bulgaria edit

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 becoming 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.[4]

The production and distribution of pornography is illegal in Bulgaria.[5] The filming of pornography and the online distribution of sexual content are illegal. There are no Bulgarian pornographic production companies. Accessing, possessing or storing pornographic materials is not illegal (except for child pornography).

The penalty for production or distribution of pornography is up to one year imprisonment (or up to two years if the perpetrator used the Internet) and a fine of 1000 to 3,000 Bulgarian leva. The penalty for distribution or possession of child pornography is up to one year imprisonment or a fine of up to 2,000 Bulgarian leva. Authorities tolerate illegal distribution of hardcore porn in designated shops, and on television after 11:00 p.m. 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.[6][7]

Croatia edit

Cyprus edit

Czech Republic edit

Pornography in the Czech Republic was legalized in 1993 following the Velvet Revolution, when the country ceased to be a communist state and returned to liberal democracy. Among the Czech companies that produce pornography are LegalPorno Studios, based in Prague.

The 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 a penalty of up to 2 years in prison. The Czech penal code also bans the sale and distribution of pornography depicting sexual intercourse with an animal and pornography depicting violence or disrespect to human beings, with a penalty of up to 1 year in prison.[8]

Denmark edit

A ban on pornographic literature was lifted in 1967. In 1969, Denmark became the first country in the world to legalize pornography.[9] People in Denmark have free access to pornography. Pornography including minors younger than 18 years is prohibited since 1980, and possession of the same is also illegal.

Estonia edit

Pornography is legal, distribution or production is regulated by law.[10]

Finland edit

In Finland, child pornography is illegal, along with violent and bestial pornography.[11] It is legal to sell pornography in any store, but magazines may not be sold to buyers less than 15 years of age, and hardcore is restricted to buyers aged at least 18.

Prior to 1 January 1999, all indecent publishing, including the import and export thereof, was banned.[12]

France edit

Germany edit

Pornography is legal with the exception of child pornography. Like in many other countries, child pornography in Germany is illegal. German prosecution authorities and legal bodies of Germany's sixteen states handle the definition of child pornography very differently. The German Edathy affair of 2013–14 following the neglected cooperation of BKA within the Canadian child pornography uncoverings gave way for new legislation procedures in parliament to define the status of either posing or exhibitive pictures of minors. New laws were still in parliamentary debating as recently as 19 December 2014.[needs update]

Greece edit

Pornography in Greece is legal by selling or publishing material, but it is illegal to minors under 18 years old. Despite the fact, the practice is still commonly done because the law is weakly enforced. Pornographic material is sold in sex shops, DVD-clubs, mini markets, and kiosk shops. There is also a local pornographic production which began unofficially in the 1970s, which then became official and full legal since 2008.[13] Child pornography is illegal and is punished by imprisonment and monetary penalties.[14]

Hungary edit

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.[15] 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.[16] 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 America 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.[17]

Iceland edit

Publication of pornography is illegal in Iceland,[18] 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[19][20] and Iceland's parliament began debating a ban on online pornography.[21]

Ireland edit

Other than regulations[clarification needed] regarding pornographic movies, no laws against pornography, other than child pornography (a child is defined as someone under 18), exist.[22]

Italy edit

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 edit

In Latvia, the distribution of pornographic material is allowed under very similar legal conditions as in Poland.[23] Pornographic or erotic material is rarely to never sold in places accessible to general public.

Lithuania edit

Lithuania has some of the strictest laws on pornography.[24] Distribution, production and acquisition of pornographic material is prohibited by Article 309 of the country's Criminal Code which states in section 1 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".[25]

Malta edit

In Malta, pornography and obscene material was prohibited until the latter part of 2016, regardless of whether it was for commercial purposes or whether it was directed at 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,[26] 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.[27] 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.[28]

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.[29] By late 2016 the parliament of Malta gave the green light for most pornographic material.[30] Pornography involving minors, disabled and extreme forms of expression, including threats with the use of such material, remain illegal.[31]

Netherlands edit

  • Article 240a indirectly prohibits giving pornographic pictures to children younger than 16 years. Maximum imprisonment is one year, or a fine of the 4th category (€19,500).[32]
  • Article 240b prohibits child pornography, which is defined as a picture showing a person younger than 18 performing sexual acts. Maximum imprisonment is 4 years or a fine of the 5th category (€78,000). It also prohibits making a profession or habit of it. The maximum imprisonment in that case is 6 years or a fine of the 5th category (€78,000).[33]
  • Article 248e prohibits online dating with minors (0–15 years old) in order to have sex or to make porn with them. The maximum imprisonment in that case is 2 years or a fine of the 4th category (€19,500).[34]
  • Article 254a prohibits bestiality porn. Maximum imprisonment is 6 months or a fine of the 3rd category (€7,800).[35]

Norway edit

In Norway, hardcore material was illegal until 2006 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 Supreme Court of Norway 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. Pornography became legal on March 14, 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.[36][37][38]

Poland edit

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.[39]

Portugal edit

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 edit

There are no laws that restrict or ban pornography in the country. Child pornography is forbidden, according to the article 374 of the Romanian Penal Code.[40]

Russia edit

Most Russian pornography 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.[citation needed]

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.[41]

Spain edit

Pornography was illegal in Francoist Spain, although some people travelled to France to see films such as Last Tango in Paris and some group tours to French X-rated cinemas were organised.[42] For climate reasons, a number of Private movies were shot though not released in Spain.[citation needed]

The censorship of that period ended with Franco's death in 1975.[42] For less than a year there was no censorship at all, and hardcore porn was sometimes shown in main cinemas.[citation needed] Subsequently the S-rating for films was introduced, allowing softcore pornography to be shown in mainstream cinemas. The film genre that arose was known as destape (undressing) and included popular films such as Las eróticas vacaciones de Stela (Stela's Erotic Vacations), El mundo maravilloso del sexo (The Marvellous World of Sex), Trampa sexual (Sexual Trap) and La orgía (The Orgy). The magazine Interviú, founded in 1976, had revealing covers of famous actresses and included nude photographs inside. In 1983 the S-rating was replaced by the more permissive X-rating.[42]

Sweden edit

Like Denmark and the Netherlands, Sweden does not regulate pornography[43] and the country 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).[citation needed]

It is illegal for people under the age of 18 to act or pose for pornography in Sweden. Recording, downloading, distributing or watching pornographic photographs and films depicting children is a crime.[44] Swedish child pornography laws outlaw actual photographic material as well as drawn images. The Supreme Court argued, however, that because a conviction would mean a restraint in the defendant’s freedom of expression, the court must present a serious case as to when pornographic manga-styled cartoon images like hentai or lolicon can have any potential to harm a child in any way. Since the images are usually not made in any child’s likeness and because e.g. manga was deemed an expression of Japanese culture, the Supreme Court ruled that the restraint on the defendant’s freedom of expression would be too great if it was punishable due to the images being held to constitute child pornography.[45][46]

Switzerland edit

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,[47] 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.[48]

Turkey edit

Turkey, which is a formally 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.[citation needed]

Ukraine edit

Pornography was outlawed in Ukraine in 2009 when the then president Victor Yushchenko signed new legislation.[49] The law has been overwhelmingly approved by the Verkhovna Rada (the Ukrainian parliament).[50] The possession, distribution, sale and manufacture of pornographic materials are illegal, with laws strictly enforced. Possession of pornographic material can carry a fine or up to three years imprisonment. 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".[51] Pornography for "medical purposes" remains legal.[52]

Wiska, one of Ukraine's internationally known pornstars, alleges continuous and unconstitutional persecution for her work abroad, and has unsuccessfully applied for political asylum in the European Union.[53]

United Kingdom edit

"In Britain, where pornography is already more restricted than it is anywhere else in the English-speaking world or in Western Europe", wrote Avedon Carol in 1995, "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'".[54]

Under criminal law, the Sexual Offences Act 2003 (in England and Wales), the Sexual Offences (Scotland) Act 2009 (in Scotland), and the Sexual Offences (Northern Ireland) Order 2008 (in Northern Ireland), each make it a criminal offence for an adult to display pornographic material to a minor (a person under the age of 16).

Pornographic material released on DVD or video formats is required (under terms set out in the Video Recordings Act 1984) to be classified by the British Board of Film Classification (BBFC), who will generally place such material either at their assigned ‘18’ or ‘R18’ classifications. The Licensing Act 2003 requires that BBFC classifications be applied to adult works released in England and Wales, or Northern Ireland within a theatrical context.

The current British legislative framework including the Obscene Publications Act 1959 (in England and Wales), the Civic Government (Scotland) Act 1982 (in Scotland) and the Video Recordings Act 1984 (which is applied nationwide) 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.

Continental 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.

Until it left the European Union on 1 January 2021, the UK was the only Member State of the EU to prohibit private imports of adult pornography by consumers coming from other Member States. In the 2004–2005 fiscal year, the agents of Her Majesty's Revenue and Customs seized 96,783 items of pornographic media carried by people travelling into the UK.[55]

In 2005, the UK porn industry was estimated to be worth about £1 billion.[56]

See also edit

References edit

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  2. ^ Francoeur, Robert T.; Noonan, Raymond J. (2004). The Continuum Complete International Encyclopedia of Sexuality. A&C Black. pp. 52–53. ISBN 9780826414885.
  3. ^ Republic of Belarus Criminal Code — Article 343. "Production and distribution of pornografic materials or objects of pornographic nature". (in Russian)
  4. ^ Ninov, Borislav (2001). Genov, Nikolai; Krasteva, Anna (eds.). Recent Social Trends in Bulgaria, 1960–1995. Comparative Charting of Social Change. Vol. 8. McGill-Queen's Press. pp. 395–8. ISBN 9780773568259.
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  8. ^ "Trestní zákoník – Část II. – Hlava III. – Trestné činy proti lidské důstojnosti v sexuální oblasti". Business.center.cz. Retrieved 2014-01-21.
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  13. ^ Arkouli, Maria (2013-04-23). "Sex And The Silly: The Greek Porn Project". Greek Reporter. Retrieved 2020-04-29.
  14. ^ "Νομοθεσία - Πορνογραφία ανηλίκων". SafeLine.gr (in Greek). Retrieved 2020-04-29.
  15. ^ Sigel 2005, p. 180, The Hungarian Example.
  16. ^ Sigel 2005, p. 179, The Hungarian Example.
  17. ^ Sigel 2005, pp. 187–9, The Hungarian Example.
  18. ^ "(Icelandic language) Icelandic general criminal code, article 210". Althingi.is. Retrieved 2014-01-21.
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  22. ^ "Child Trafficking and Pornography Act, 1998". Act No. 22 of 1998 of 29 June 1998. Oireachtas na hÉireann.
  23. ^ . Archived from the original on 2013-09-27. Retrieved 2014-01-21.
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  29. ^ "Porn shops to be allowed in Malta, no longer a crime to vilify religion". The Malta Independent. 8 July 2015. Retrieved 3 September 2016.
  30. ^ "Leġiżlazzjoni Malta". Justiceservices.gov.mt. 2016-07-19. Retrieved 2022-05-09.
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  34. ^ "wetten.nl – Wet- en regelgeving – Wetboek van Strafrecht – BWBR0001854" (in Dutch). Wetten.overheid.nl. 2012-12-24. Retrieved 2014-01-21.
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  38. ^ "NRK.no — Kultur". Retrieved 2006-08-26.
  39. ^ Art. 200 § 3 and art. 202 of the Penal Code
  40. ^ "Art. 374 Noul Cod Penal Pornografia infantilă Infracţiuni contra ordinii şi liniştii publice". LegeAZ (in Romanian). Retrieved 2023-10-20.
  41. ^ "Russia Blocks Access to Popular Porn Sites". Transitions Online. 15 September 2016. Retrieved 16 November 2016.
  42. ^ a b c Jesse Barker (17 July 2018). "Spain's sexual awakening: How a soft porn epidemic helped the country fly". The New European. Retrieved 23 July 2018.
  43. ^ Procida, Richard; Simon, Rita James (2007). Global Perspectives on Social Issues: Pornography. Lexington Books. p. 35. ISBN 9780739120927.
  44. ^ "Illegal to Watch Child Pornography - Radio Sweden | Sveriges Radio". Sverigesradio.se. 2010-05-22. Retrieved 2022-05-09.
  45. ^ "Women and Justice: Court: Supreme Court of Sweden | Women And Justice | US Law | LII / Legal Information Institute". Law.cornell.edu. Retrieved 2022-05-09.
  46. ^ "NJA 2012 s. 400". lagen.nu. 2012-06-15. Retrieved 2022-05-09.
  47. ^ (in 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
  48. ^ Swiss Criminal Code Art. 197 – Pornography, admin.ch. Retrieved 2014-05-11.
  49. ^ "Ukraine slaps ban on all porn". Theregister.co.uk. Retrieved 2014-02-11.
  50. ^ "In Ukraine, this photo may be porn". GlobalPost. 2010-05-30. Retrieved 2014-01-21.
  51. ^ "'Pornography' banned, but not defined". Kyivpost.com. 2009-06-25. Retrieved 2014-01-21.
  52. ^ . Inquisitr.com. Archived from the original on 2014-01-04. Retrieved 2014-01-21.
  53. ^ Чехія остаточно відмовила колишній порноакторці Wiska в статусі біженки (in Ukrainian)
  54. ^ Carol, Avedon (June–August 1995). . The Law. Archived from the original on 3 November 2013. Retrieved 2014-01-21.
  55. ^ "HM Revenue & Customs Annual Report 2004-05 and Autumn Performance Report 2005" (PDF). Retrieved 2014-01-21.
  56. ^ "An acceptable career?". BBC News. 1 March 2005. Retrieved 14 October 2017.

Works cited edit

  • Sigel, Lisa Z., ed. (2005). International Exposure: Perspectives on Modern European Pornography, 1800–2000. Rutgers University Press. ISBN 978-0-8135-3519-7. Retrieved 2009-10-21.

Further reading edit

  • Johnson, Paul (July 2014). "Pornography and the European Convention on Human Rights". Porn Studies. 1 (3): 299–320. doi:10.1080/23268743.2014.927706.

External links edit

  •   Media related to Pornography in Europe at Wikimedia Commons
  • European Girls Adult Film Database

pornography, europe, this, article, needs, additional, citations, verification, please, help, improve, this, article, adding, citations, reliable, sources, unsourced, material, challenged, removed, find, sources, news, newspapers, books, scholar, jstor, januar. This article needs additional citations for verification Please help improve this article by adding citations to reliable sources Unsourced material may be challenged and removed Find sources Pornography in Europe news newspapers books scholar JSTOR January 2015 Learn how and when to remove this template message Pornography 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 Ukraine Belarus and Bulgaria while Hungary has liberal pornography laws Europe map of pornography laws France and Portugal not included Generally legal with certain extreme exceptions Partially legal under some broad restrictions or ambiguous status Illegal Data unavailable Contents 1 Albania 2 Austria 3 Belarus 4 Belgium 5 Bulgaria 6 Croatia 7 Cyprus 8 Czech Republic 9 Denmark 10 Estonia 11 Finland 12 France 13 Germany 14 Greece 15 Hungary 16 Iceland 17 Ireland 18 Italy 19 Latvia 20 Lithuania 21 Malta 22 Netherlands 23 Norway 24 Poland 25 Portugal 26 Romania 27 Russia 28 Spain 29 Sweden 30 Switzerland 31 Turkey 32 Ukraine 33 United Kingdom 34 See also 35 References 35 1 Works cited 36 Further reading 37 External linksAlbania editMain article Pornography in 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 editMain article Pornography in Austria In 1990 the Federal Act Against Obscene Publications and for the Protection of Youth Morally Endangered was passed to regulate pornography in Austria In 1994 a prohibition on child pornography was added to the law Under these regulations the minimum age for buying softcore pornography in Austria is 16 and the minimum age for buying hardcore pornography is 18 Publication of pornography or material depicting bestiality is illegal 2 Belarus editMain article Pornography in 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 imprisonment 3 Belgium editMain article Pornography in BelgiumBulgaria editMain article Pornography in 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 becoming 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 4 The production and distribution of pornography is illegal in Bulgaria 5 The filming of pornography and the online distribution of sexual content are illegal There are no Bulgarian pornographic production companies Accessing possessing or storing pornographic materials is not illegal except for child pornography The penalty for production or distribution of pornography is up to one year imprisonment or up to two years if the perpetrator used the Internet and a fine of 1000 to 3 000 Bulgarian leva The penalty for distribution or possession of child pornography is up to one year imprisonment or a fine of up to 2 000 Bulgarian leva Authorities tolerate illegal distribution of hardcore porn in designated shops and on television after 11 00 p m 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 6 7 Croatia editMain article Pornography in CroatiaCyprus editMain article Pornography in CyprusCzech Republic editMain article Pornography in the Czech Republic Pornography in the Czech Republic was legalized in 1993 following the Velvet Revolution when the country ceased to be a communist state and returned to liberal democracy Among the Czech companies that produce pornography are LegalPorno Studios based in Prague The 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 a penalty of up to 2 years in prison The Czech penal code also bans the sale and distribution of pornography depicting sexual intercourse with an animal and pornography depicting violence or disrespect to human beings with a penalty of up to 1 year in prison 8 Denmark editMain article Pornography in Denmark A ban on pornographic literature was lifted in 1967 In 1969 Denmark became the first country in the world to legalize pornography 9 People in Denmark have free access to pornography Pornography including minors younger than 18 years is prohibited since 1980 and possession of the same is also illegal Estonia editMain article Pornography in Estonia Pornography is legal distribution or production is regulated by law 10 Finland editMain article Pornography in Finland In Finland child pornography is illegal along with violent and bestial pornography 11 It is legal to sell pornography in any store but magazines may not be sold to buyers less than 15 years of age and hardcore is restricted to buyers aged at least 18 Prior to 1 January 1999 all indecent publishing including the import and export thereof was banned 12 France editMain article Pornography in FranceGermany editMain article Pornography in Germany Pornography is legal with the exception of child pornography Like in many other countries child pornography in Germany is illegal German prosecution authorities and legal bodies of Germany s sixteen states handle the definition of child pornography very differently The German Edathy affair of 2013 14 following the neglected cooperation of BKA within the Canadian child pornography uncoverings gave way for new legislation procedures in parliament to define the status of either posing or exhibitive pictures of minors New laws were still in parliamentary debating as recently as 19 December 2014 needs update Greece editPornography in Greece is legal by selling or publishing material but it is illegal to minors under 18 years old Despite the fact the practice is still commonly done because the law is weakly enforced Pornographic material is sold in sex shops DVD clubs mini markets and kiosk shops There is also a local pornographic production which began unofficially in the 1970s which then became official and full legal since 2008 13 Child pornography is illegal and is punished by imprisonment and monetary penalties 14 Hungary editMain article Pornography in 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 15 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 16 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 America 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 17 Iceland editPublication of pornography is illegal in Iceland 18 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 19 20 and Iceland s parliament began debating a ban on online pornography 21 Ireland editOther than regulations clarification needed regarding pornographic movies no laws against pornography other than child pornography a child is defined as someone under 18 exist 22 Italy editMain article Pornography in 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 editIn Latvia the distribution of pornographic material is allowed under very similar legal conditions as in Poland 23 Pornographic or erotic material is rarely to never sold in places accessible to general public Lithuania editLithuania has some of the strictest laws on pornography 24 Distribution production and acquisition of pornographic material is prohibited by Article 309 of the country s Criminal Code which states in section 1 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 25 Malta editSee also LGBT rights in Malta Pornography In Malta pornography and obscene material was prohibited until the latter part of 2016 regardless of whether it was for commercial purposes or whether it was directed at 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 26 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 27 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 Realta 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 28 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 29 By late 2016 the parliament of Malta gave the green light for most pornographic material 30 Pornography involving minors disabled and extreme forms of expression including threats with the use of such material remain illegal 31 Netherlands editMain article Pornography in the Netherlands Article 240a indirectly prohibits giving pornographic pictures to children younger than 16 years Maximum imprisonment is one year or a fine of the 4th category 19 500 32 Article 240b prohibits child pornography which is defined as a picture showing a person younger than 18 performing sexual acts Maximum imprisonment is 4 years or a fine of the 5th category 78 000 It also prohibits making a profession or habit of it The maximum imprisonment in that case is 6 years or a fine of the 5th category 78 000 33 Article 248e prohibits online dating with minors 0 15 years old in order to have sex or to make porn with them The maximum imprisonment in that case is 2 years or a fine of the 4th category 19 500 34 Article 254a prohibits bestiality porn Maximum imprisonment is 6 months or a fine of the 3rd category 7 800 35 Norway editIn Norway hardcore material was illegal until 2006 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 Supreme Court of Norway 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 Pornography became legal on March 14 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 36 37 38 Poland editIn 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 39 Portugal editIn 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 editThere are no laws that restrict or ban pornography in the country Child pornography is forbidden according to the article 374 of the Romanian Penal Code 40 Russia editMost Russian pornography 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 amp Sergei Pryanishnikov 2002 etc and these productions basically aim the domestic market Much of the pornography is produced for the international internet market citation needed 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 41 Spain editPornography was illegal in Francoist Spain although some people travelled to France to see films such as Last Tango in Paris and some group tours to French X rated cinemas were organised 42 For climate reasons a number of Private movies were shot though not released in Spain citation needed The censorship of that period ended with Franco s death in 1975 42 For less than a year there was no censorship at all and hardcore porn was sometimes shown in main cinemas citation needed Subsequently the S rating for films was introduced allowing softcore pornography to be shown in mainstream cinemas The film genre that arose was known as destape undressing and included popular films such as Las eroticas vacaciones de Stela Stela s Erotic Vacations El mundo maravilloso del sexo The Marvellous World of Sex Trampa sexual Sexual Trap and La orgia The Orgy The magazine Interviu founded in 1976 had revealing covers of famous actresses and included nude photographs inside In 1983 the S rating was replaced by the more permissive X rating 42 Sweden editLike Denmark and the Netherlands Sweden does not regulate pornography 43 and the country 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 valdsskildring citation needed It is illegal for people under the age of 18 to act or pose for pornography in Sweden Recording downloading distributing or watching pornographic photographs and films depicting children is a crime 44 Swedish child pornography laws outlaw actual photographic material as well as drawn images The Supreme Court argued however that because a conviction would mean a restraint in the defendant s freedom of expression the court must present a serious case as to when pornographic manga styled cartoon images like hentai or lolicon can have any potential to harm a child in any way Since the images are usually not made in any child s likeness and because e g manga was deemed an expression of Japanese culture the Supreme Court ruled that the restraint on the defendant s freedom of expression would be too great if it was punishable due to the images being held to constitute child pornography 45 46 Switzerland editPornography 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 47 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 48 Turkey editMain article Pornography in Turkey Turkey which is a formally 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 Oyle Bir Kadin Ki was distributed in 1979 citation needed Ukraine editPornography was outlawed in Ukraine in 2009 when the then president Victor Yushchenko signed new legislation 49 The law has been overwhelmingly approved by the Verkhovna Rada the Ukrainian parliament 50 The possession distribution sale and manufacture of pornographic materials are illegal with laws strictly enforced Possession of pornographic material can carry a fine or up to three years imprisonment 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 51 Pornography for medical purposes remains legal 52 Wiska one of Ukraine s internationally known pornstars alleges continuous and unconstitutional persecution for her work abroad and has unsuccessfully applied for political asylum in the European Union 53 United Kingdom editMain article Pornography in the United Kingdom In Britain where pornography is already more restricted than it is anywhere else in the English speaking world or in Western Europe wrote Avedon Carol in 1995 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 54 Under criminal law the Sexual Offences Act 2003 in England and Wales the Sexual Offences Scotland Act 2009 in Scotland and the Sexual Offences Northern Ireland Order 2008 in Northern Ireland each make it a criminal offence for an adult to display pornographic material to a minor a person under the age of 16 Pornographic material released on DVD or video formats is required under terms set out in the Video Recordings Act 1984 to be classified by the British Board of Film Classification BBFC who will generally place such material either at their assigned 18 or R18 classifications The Licensing Act 2003 requires that BBFC classifications be applied to adult works released in England and Wales or Northern Ireland within a theatrical context The current British legislative framework including the Obscene Publications Act 1959 in England and Wales the Civic Government Scotland Act 1982 in Scotland and the Video Recordings Act 1984 which is applied nationwide 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 Continental 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 Until it left the European Union on 1 January 2021 the UK was the only Member State of the EU to prohibit private imports of adult pornography by consumers coming from other Member States In the 2004 2005 fiscal year the agents of Her Majesty s Revenue and Customs seized 96 783 items of pornographic media carried by people travelling into the UK 55 In 2005 the UK porn industry was estimated to be worth about 1 billion 56 See also edit nbsp Erotica and pornography portal nbsp Europe portalAdult Film Database Pornography in the Americas Pornography in Asia Pornography laws by regionReferences edit Criminal Code of the Republic of Albania Article 117 Retrieved 11 June 2013 Francoeur Robert T Noonan Raymond J 2004 The Continuum Complete International Encyclopedia of Sexuality A amp C Black pp 52 53 ISBN 9780826414885 Republic of Belarus Criminal Code Article 343 Production and distribution of pornografic materials or objects of pornographic nature in Russian Ninov Borislav 2001 Genov Nikolai Krasteva Anna eds Recent Social Trends in Bulgaria 1960 1995 Comparative Charting of Social Change Vol 8 McGill Queen s Press pp 395 8 ISBN 9780773568259 PENAL CODE Article 159 in Bulgarian Retrieved 31 August 2018 Act to amend the Criminal Code of Bulgaria in Bulgarian Bulgarian Parliament 2007 05 11 Retrieved 2014 07 14 Online pornography appears in State Gazette of Bulgaria Economedia 2007 05 23 p 1 Retrieved 2014 07 14 Trestni zakonik Cast II Hlava III Trestne ciny proti lidske dustojnosti v sexualni oblasti Business center cz Retrieved 2014 01 21 Denmark in the International Encyclopedia of Sexuality Archived 2011 01 13 at the Wayback Machine Denmark was the first country in the world to legitimize written pornography in 1967 followed by pictorial pornography in 1969 Act to Regulate Dissemination of Works which Contain Pornography or Promote Violence or Cruelty Riigi Teataja Riigiteataja ee Retrieved 2019 08 11 Strafflag 17 KAP 18 Finlex fi Archived from the original on 2013 03 28 Retrieved 2014 01 21 FINLEX Ursprungliga forfattningar 23 1927 finlex fi Archived from the original on 24 September 2015 Retrieved 17 January 2015 Arkouli Maria 2013 04 23 Sex And The Silly The Greek Porn Project Greek Reporter Retrieved 2020 04 29 Nomo8esia Pornografia anhlikwn SafeLine gr in Greek Retrieved 2020 04 29 Sigel 2005 p 180 The Hungarian Example Sigel 2005 p 179 The Hungarian Example Sigel 2005 pp 187 9 The Hungarian Example Icelandic language Icelandic general criminal code article 210 Althingi is Retrieved 2014 01 21 Naked ambition The Economist ISSN 0013 0613 Retrieved 19 August 2015 Murphy Meghan Creating gender equity Lessons from Iceland www aljazeera com Retrieved 19 August 2015 McVeigh Tracy 2013 02 16 Can Iceland lead the way towards a ban on violent online pornography The Guardian Retrieved 17 February 2013 Child Trafficking and Pornography Act 1998 Act No 22 of 1998 of 29 June 1998 Oireachtas na hEireann Law on Pornography Restrictions Archived from the original on 2013 09 27 Retrieved 2014 01 21 Korsakovaite Urte 30 March 2023 Lithuanian court relaxes rules on sexting LRT RADIO Article 309 Possession of Pornographic Material Il Pulizija vs Alexander Baldacchino Court of Criminal Appeal Inferior Jurisdiction 21 February 2011 Reference 419 2010 Waylon Johnston Valletta cinema operator accused of screening pornographic films timesofmalta com 25 July 2009 Waylon Johnston Acquittal of editor writer confirmed by appeals court timesofmalta com 09 February 2012 Porn shops to be allowed in Malta no longer a crime to vilify religion The Malta Independent 8 July 2015 Retrieved 3 September 2016 Leġizlazzjoni Malta Justiceservices gov mt 2016 07 19 Retrieved 2022 05 09 Leġizlazzjoni Malta Justiceservices gov mt Retrieved 2022 05 09 wetten nl Wet en regelgeving Wetboek van Strafrecht BWBR0001854 in Dutch Wetten overheid nl 2012 12 24 Retrieved 2014 01 21 wetten nl Wet en regelgeving Wetboek van Strafrecht BWBR0001854 in Dutch Wetten overheid nl 2012 12 24 Retrieved 2014 01 21 wetten nl Wet en regelgeving Wetboek van Strafrecht BWBR0001854 in Dutch Wetten overheid nl 2012 12 24 Retrieved 2014 01 21 wetten nl Wet en regelgeving Wetboek van Strafrecht BWBR0001854 in Dutch Wetten overheid nl 2012 12 24 Retrieved 2014 01 21 Hoyesterett sier ja til porno Dagbladet no Retrieved 2006 08 26 Porno frifinnelse i Hoyesterett Retrieved 2006 08 26 NRK no Kultur Retrieved 2006 08 26 Art 200 3 and art 202 of the Penal Code Art 374 Noul Cod Penal Pornografia infantilă Infracţiuni contra ordinii si linistii publice LegeAZ in Romanian Retrieved 2023 10 20 Russia Blocks Access to Popular Porn Sites Transitions Online 15 September 2016 Retrieved 16 November 2016 a b c Jesse Barker 17 July 2018 Spain s sexual awakening How a soft porn epidemic helped the country fly The New European Retrieved 23 July 2018 Procida Richard Simon Rita James 2007 Global Perspectives on Social Issues Pornography Lexington Books p 35 ISBN 9780739120927 Illegal to Watch Child Pornography Radio Sweden Sveriges Radio Sverigesradio se 2010 05 22 Retrieved 2022 05 09 Women and Justice Court Supreme Court of Sweden Women And Justice US Law LII Legal Information Institute Law cornell edu Retrieved 2022 05 09 NJA 2012 s 400 lagen nu 2012 06 15 Retrieved 2022 05 09 in French La consommation de pornographie dure est punissable a partir du 1er juillet 2014 Cybercrime Coordination Unit Switzerland Federal Department of Justice and Police retrieved 29 08 2014 Swiss Criminal Code Art 197 Pornography admin ch Retrieved 2014 05 11 Ukraine slaps ban on all porn Theregister co uk Retrieved 2014 02 11 In Ukraine this photo may be porn GlobalPost 2010 05 30 Retrieved 2014 01 21 Pornography banned but not defined Kyivpost com 2009 06 25 Retrieved 2014 01 21 Ukraine bans porn except for medical purposes Inquisitr com Archived from the original on 2014 01 04 Retrieved 2014 01 21 Chehiya ostatochno vidmovila kolishnij pornoaktorci Wiska v statusi bizhenki in Ukrainian Carol Avedon June August 1995 The Harm of Porn The Law Archived from the original on 3 November 2013 Retrieved 2014 01 21 HM Revenue amp Customs Annual Report 2004 05 and Autumn Performance Report 2005 PDF Retrieved 2014 01 21 An acceptable career BBC News 1 March 2005 Retrieved 14 October 2017 Works cited edit Sigel Lisa Z ed 2005 International Exposure Perspectives on Modern European Pornography 1800 2000 Rutgers University Press ISBN 978 0 8135 3519 7 Retrieved 2009 10 21 Further reading editJohnson Paul July 2014 Pornography and the European Convention on Human Rights Porn Studies 1 3 299 320 doi 10 1080 23268743 2014 927706 External links edit nbsp Media related to Pornography in Europe at Wikimedia Commons European Girls Adult Film Database Retrieved from https en wikipedia org w index php title Pornography in Europe amp oldid 1189459446, wikipedia, wiki, book, books, library,

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