Gender aspects and human rights implications of pornography
- Author(s):
- Parliamentary Assembly
- Origin
- Text
adopted by the Standing Committee, acting on behalf of
the Assembly, on 26 November 2021 (see Doc. 15406, report of the Committee on Equality and Non-Discrimination,
rapporteur: Mr Frank Heinrich).
1. Pornography is ubiquitous and easily
accessible, particularly online. It is estimated that over half
of all internet traffic is related to pornography and sex, and a
large proportion of the population views pornographic material.
This tendency is likely to have increased during the Covid-19 pandemic.
2. Research shows that pornography contributes to shaping people’s
mindsets on sexuality and on their perceptions of gender roles,
often engendering and perpetuating stereotypes and thereby undermining
gender equality and women’s self-determination by conveying an image
of women as subordinate to men and as objects, and trivialising
violence against women. Young people are particularly exposed to
this risk, as they rely on pornography as a source of information
about sexuality in the absence of unbiased, reliable information caused
by insufficient comprehensive sexuality education in school curriculums.
3. The Parliamentary Assembly expresses its full support for
Committee of Ministers Recommendations CM/Rec(2019)1 on preventing
and combating sexism, which invites the governments of member States
to “promote a gender equality perspective, as well as the development
of critical thinking for the countering of sexism in the content,
language and illustrations of toys, comics, books, television, video
and other games, online content and films, including pornography,
which shape the attitudes, behaviour and identity of girls and boys”,
and CM/Rec(2013)1 on gender equality and media. Implementing the
proposals put forward in these recommendations would help to address
the negative and degrading image of women portrayed by pornography.
4. Already in 2011, in its
Resolution
1835 (2011) “Violent and extreme pornography”, the Assembly considered
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”.
5. The Assembly reiterates that, while freedom of expression
is a pillar of democratic societies and a right guaranteed by the
European Convention on Human Rights (ETS No. 5), it is possible
to limit this right when prescribed by law and necessary in the
interests of, among other things, the prevention of crime, the protection of
morals and the protection of the rights of others.
6. The Assembly considers that the human rights of people involved
in the production of pornography, especially women and performers
in particular, should be protected and that self-determination,
safe and dignified working conditions and fair remuneration should
be guaranteed.
7. The Assembly notes that pornographic content is increasingly
being created privately, by individuals not part of specialised
production companies, and distributed electronically. This calls
for particular caution and for measures regulating the distribution
of such content. The self-determination of people involved in the production
and the consent of all those being depicted are paramount and must
be strictly verified. “Revenge pornography”, or the non-consensual
dissemination, by e-mail, phone messaging, social media or any other means,
of intimate and sexual images with the intention of embarrassing
and humiliating the persons depicted, is particularly concerning
and should be effectively prosecuted.
8. The Assembly considers that comprehensive sexuality education
is a crucial part of young people’s preparation for adult life.
It should be part of all school curriculums and be age-appropriate,
medically accurate and evidence-based. Sexuality education should
cover issues such as contraception and the prevention of sexually
transmitted diseases, gender equality, gender norms and stereotypes,
prevention of and protection from sexual, gender-based and intimate
partner violence, sexual orientation and gender identity and expression,
and self-determination and consent in relationships and personal
interaction.
9. Comprehensive sexuality education should be the main source
of information on sexuality for young people, which would prevent
the spread of unreliable and potentially harmful information by
other sources such as pornography. Education in media literacy,
aimed at improving young people’s interpretation skills and the understanding
of written and audiovisual material, may also help to prevent the
risk of harmful effects of pornography on the image of women.
10. In light of these considerations, the Assembly calls on member
and observer States, as well as partners for democracy:
10.1 to fully enforce Committee of
Ministers Recommendations CM/Rec(2019)1 on preventing and combating
sexism and CM/Rec(2013)1 on gender equality and media;
10.2 as regards education, information and awareness raising,
to:
10.2.1 ensure that age-appropriate, scientifically accurate,
comprehensive sexuality education is part of all school curriculums
and mandatory for all pupils, and that children cannot be exempted
from it. Sexuality education programmes should define, identify
and explain the nature of pornography and specify its health, ethical,
legal and gender equality implications. They should also highlight
that pornography cannot replace reliable sources of information
on sexuality and that it may convey inaccurate messages on gender
roles, thereby perpetuating gender stereotypes and leading to sexual
violence and other forms of gender-based violence;
10.2.2 introduce out-of-school comprehensive sexuality education
programmes, similar in content to in-school programmes but open
to school-age children who do not attend school and young people
above compulsory school age;
10.2.3 promote media literacy as part of school and out-of-school
educational activities and ensure that it covers gender issues including
gender stereotypes, sexism and the trivialisation of gender-based
violence portrayed in pornography, advertising, entertainment and
the media in general;
10.2.4 introduce warning label systems requiring pornographic
websites to display a notice warning about the potential harm from
pornography use, similar to the warning labels used for alcohol,
smoking or online gambling;
10.2.5 consider introducing measures and tools to enhance the
skills of parents to deal with cybersexism and internet pornography,
as recommended in Committee of Ministers Recommendation CM/Rec(2019)1;
10.3 as regards data and image protection, to:
10.3.1 effectively
enforce regulations on personal data and personal image protection, including
in the area of online distribution of pornography;
10.3.2 ensure that all those depicted or otherwise participating
in the production of pornographic content have given their free
and informed consent to its distribution, in particular by requiring
producers to prove verified consent before any image is made public;
10.3.3 within the limits of regulations on the use of private
data, require online pornography providers to collect and store
the identity and contact details of persons uploading pornographic material
for public diffusion, with a view to facilitating criminal prosecution
in cases where participants have not consented to diffusion or where
the material involves trafficking in human beings, child abuse or
other criminal activity;
10.4 as regards criminal law and other legal provisions, to:
10.4.1 consider extending the provisions criminalising the glorification
of criminal acts to cover violent pornography, along the lines of
Section 131 of the German Criminal Code which imposes sanctions
on the diffusion of “material which describes cruel or otherwise
inhuman acts of violence against humans or humanoid beings in a
manner which glorifies or downplays such acts of violence or which
represents the cruel or inhuman aspects of the event in a manner
which violates human dignity”;
10.4.2 ensure that regulations on online publishing, such as
the European Union’s Digital Services Act, are applied to all media,
including pornographic websites;
10.4.3 include provisions banning the use of pornography in the
workplace in legislation on sexual harassment and other forms of
harassment in the workplace, and require employers to install and
utilise internet filters to this end;
10.4.4 ensure that “revenge pornography” is criminally sanctioned;
10.4.5 require public libraries and schools to install internet
filters to block pornography;
10.4.6 consider introducing the obligation for manufacturers
and distributors of computers and portable devices to activate anti-pornography
filters by default (as opposed to pre-installed but deactivated
filters, which are currently the norm);
10.4.7 require internet providers to apply an opt-in or opt-out
clause, asking customers to choose whether pornography should be
freely accessible or not through their service;
10.4.8 consider banning public advertising of pornography;
10.4.9 consider introducing country-wide age verification for
access to pornography, or a legal obligation for companies distributing
pornography to verify the age of users;
10.4.10 make complaints procedures available to internet companies
in cases of unwarranted restrictions or limitations on access to
pornography, in the interests of freedom of expression and the neutrality
of the internet;
10.4.11 investigate the possible link between pornography and
trafficking in human beings for the purpose of sexual exploitation;
10.5 as regards other measures, to:
10.5.1 promote
research and data collection on pornography, based on a transdisciplinary
and cross-cultural approach, and allocate adequate funding for it,
with a view to providing accurate information to teaching staff,
social workers, healthcare providers and legislators, including
on the types and frequency of usage of pornography and on the prevalence
and impact of sexist portrayals of women and girls in pornographic
material, the extent to which they exacerbate gender inequalities
and violence against women and girls, and also on their impact on
women’s physical, sexual and psychological health;
10.5.2 provide adequately funded exit services to people who
wish to leave the sex industry, including pornography;
10.5.3 promote and provide counselling and support services for
compulsive users of pornography.
