Violent pornography: a test for human rights
- Author(s):
- Parliamentary Assembly
- Origin
- Assembly
debate on 25 June 2026 (26th sitting) (see Doc. 16422, report of the Committee on Equality and Non-Discrimination,
rapporteur: Ms Laura Castel; and Doc. 16444, opinion of the Committee on Social Affairs, Health
and Sustainable Development, rapporteur: Mr Joseph O'Reilly). Text adopted by the Assembly on
25 June 2026 (26th sitting).See also Recommendation 2310 (2026).
1. The Parliamentary Assembly is deeply
concerned about the growing dissemination of violent and extreme
pornographic content, as it normalises gender-based violence and
creates an environment conducive to an increase in such violence.
Such content also encourages the imitation of violent acts, including
dangerous practices such as strangulation.
2. The Assembly notes that, even where not ostensibly violent
or extreme, the making and distribution of pornographic content
may arise and benefit from situations where participants are affected
by violence, coercion and a lack of freedom, including situations
of social or economic disadvantage, addiction or where participants
have been victims of abuse, and may perpetuate these situations.
3. At the same time, violent pornographic content, which can
be defined as sexually explicit material that depicts or simulates
acts of aggressive physical or psychological violence, coercion,
sexual assault, degradation or non-consensual conduct, in a manner
that eroticises, endorses, trivialises or normalises such acts,
has become more prevalent. Violence in pornography is not gender
neutral: it mainly targets women and girls, dehumanising them.
4. Pornography, understood as sexually explicit material designed
to arouse the viewer, has become increasingly widespread in recent
years and is now easily accessible, often free of charge, to a much
broader audience, in large part due to portable electronic devices,
including smartphones. Any content depicting the sexual exploitation
or abuse of children should be referred to as child sexual abuse
material and in no circumstance considered legal or permissible.
5. The Assembly notes in particular the negative impact of pornography
consumption on children’s mental health and emotional and sexual
development.
6. These developments raise serious concerns that should be addressed
by legislators and policy makers in Europe and beyond, such as the
protection of children from exposure to pornography and the harmful
effects that extreme and violent content may have on individuals
and society as a whole. Children must be protected from exposure
to any form of pornography.
7. Crucially, the dissemination of violent pornography undermines
the principle of consent, which should underpin every sexual interaction.
Referring to its
Resolution 2650
(2026) “Paving the way for a culture of consent”, the
Assembly recalls that the Council of Europe Convention on Preventing
and Combating Violence against Women and Domestic Violence (CETS
No. 210, the “Istanbul Convention”) clearly establishes in its Article 36
that sexual violence and rape are defined by the absence of consent,
knowing that minors cannot legally consent in accordance with Article 20
of the Council of Europe Convention on the Protection of Children against
Sexual Exploitation and Sexual Abuse (CETS No. 201, the “Lanzarote
Convention”) and its explanatory report.
8. Similarly, any sexually connotated content, created or shared
in the absence of consent of the persons it depicts should be treated
as violent pornography. This applies to intimate image abuse, often
referred to as “revenge porn” and to deepfakes or other images sexualising
individuals.
9. The Assembly recalls that it warned against these dangers
in
Resolution 1835 (2011) “Violent
and extreme pornography” and 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 set limits to this right when these limits are prescribed by
law and are necessary in the interests of, among others, the prevention
of crime, the protection of morals and the protection of the rights
of others.
10. The Assembly welcomes that the Istanbul Convention and its
monitoring mechanism have significantly strengthened the prevention
and combating of violence against women in Europe.
11. The Assembly also welcomes the “Report on the balance between
fundamental rights and freedoms relevant to violent pornography
in the case-law of constitutional and supreme courts and international tribunals”,
adopted by the European Commission for Democracy through Law (the
“Venice Commission”) on 6 and 7 March 2026, which provides valuable
guidance for legislators and policy makers in Council of Europe member
States and beyond.
12. The Assembly urges public authorities to engage in dialogue
and co-operation with online platforms that host or disseminate
pornographic content in order to prevent and counter the spread
of violent content. A major threat comes from platforms based in
third countries outside Europe, which may be beyond the reach of European
law-enforcement agencies.
13. As the spread of illegal pornographic content is a cross-border
issue, State authorities should foster and engage in international
co-operation in criminal matters, backing this with adequate resources
and political support.
14. The Assembly highlights that the use of common definitions
of violent pornographic content is a prerequisite for effective
international co-operation to combat this phenomenon.
15. The Assembly believes in the normative effect of legislation
prohibiting the production, dissemination and possession of violent
pornography, including through criminal sanctions where appropriate.
Legal prohibition both allows for remedy and conveys the message
that such behaviours and contents are dangerous and unacceptable.
16. Technological means may be effectively levered to prevent
and counter the diffusion of violent pornographic content. This
includes artificial intelligence (AI) tools to identify, block and
remove illegal content from search engines and online platforms,
as well as built-in filters for personal devices.
17. The Assembly reiterates that comprehensive sexuality education,
accessible to all students and compulsory, is crucial to prepare
young people for a healthy and safe sexual life and relations. This
should also include media literacy elements to help young people
quickly identify and reject violent pornography and protect themselves
from its harmful effects.
18. The Assembly welcomes the fact that a recommendation on an
age-appropriate comprehensive sexuality education is currently being
drawn up and looks forward to its swift adoption by the Committee
of Ministers.
19. In the light of these considerations, the Assembly calls on
the Council of Europe member and observer States, as well as States
whose parliament enjoys observer or partner for democracy status
with the Assembly:
19.1 with regard
to the definition and legal regulation of violent pornography, to:
19.1.1 provide in national legislation a clear definition of
violent pornography, which includes content depicting rape, coercion,
humiliation, degradation, life-threatening acts, psychological and
physical harm, non-consensual sexual acts and all forms of sexual
violence or degrading treatment;
19.1.2 fully implement provisions to criminalise and combat child
sexual abuse material;
19.1.3 prohibit, including through criminal sanctions, the production,
dissemination, hosting and possession of violent pornographic material,
including non-consensual sexually explicit material, sexually explicit
deepfakes and intimate images produced using any technical means without
the depicted person’s consent;
19.1.4 ensure rapid and effective removal procedures for violent
content and non-consensual intimate content, including through binding
injunction procedures requiring hosting service providers to remove
or block access to such material within 24 to 48 hours following
notification by competent authorities;
19.1.5 tackle the dissemination of violent sexual imagery and
violent sexual assault in gaming platforms, as a form of violent
pornography;
19.1.6 introduce effective, proportionate and dissuasive sanctions
against online platforms and internet service providers that knowingly
facilitate the dissemination of illegal or violent pornographic
material or systematically fail to comply with removal obligations;
19.1.7 sign, ratify and fully implement the Istanbul Convention,
and fully support the work of its monitoring mechanism;
19.1.8 ensure that legislation concerning online pornography
and AI complies with the principles established by the Council of
Europe Framework Convention on Artificial Intelligence and Human
Rights, Democracy and the Rule of Law (CETS No. 225), notably regarding transparency,
accountability, equality, human dignity and effective remedies;
19.2 as regards co-operation with online platforms and internet
service providers, to:
19.2.1 engage in structured dialogue
and co-operation with online platforms, hosting providers, search
engines, payment networks and internet service providers with a
view to preventing and countering the dissemination of violent pornographic
content;
19.2.2 require online platforms hosting pornographic or sexually
explicit material to deploy effective and proportionate age-verification
and age-assurance systems that protect minors while respecting privacy
and data protection standards;
19.2.3 require online platforms hosting pornographic or sexually
explicit content to prevent private individuals from uploading violent
content to these platforms and to put in place effective systems
to verify the age and consent of the individuals appearing in the
content the platforms host;
19.2.4 require online platforms and internet service providers
to develop safe technologies and enhance technical detection and
response tools to facilitate the prevention, detection, removal, investigation
and prosecution of offences involving AI-generated or altered child
sexual exploitation or sexual abuse material;
19.2.5 require platforms and hosting providers to use AI tools,
hash databases and replica-detection technologies to identify, detect,
flag and remove violent, illegal or non-consensual pornographic
content and child sexual abuse material, including content that
reappears after deletion;
19.2.6 support the development of common classification systems
and shared databases for violent and illegal pornographic content,
drawing inspiration from existing international systems used to
combat child sexual abuse material;
19.2.7 require platforms hosting adult content to publish regular
transparency reports concerning moderation policies, algorithmic
risks, takedown procedures, response times and the use of automated
detection technologies, which are subject to independent audits;
19.2.8 ensure that platforms deploy effective reporting mechanisms
that are easily accessible, child friendly and visible to users,
including direct links to competent supervisory authorities and support
services;
19.3 as regards education, information and awareness raising,
to:
19.3.1 ensure that comprehensive sexuality education
in schools is mandatory, age appropriate, medically accurate and
evidence based, and includes education on gender equality, consent,
bodily autonomy, respectful personal relationships, emotional education
and the prevention of sexual and gender-based violence;
19.3.2 ensure that comprehensive sexuality education also addresses
the influence of pornography, with a focus on violent pornography,
and equips young people with the skills to critically analyse and
reject messages that normalise violence, coercion, domination or
the objectification of women and children;
19.3.3 promote media and digital literacy programmes aimed at
helping children and young people critically interpret audiovisual
and online content, including pornography, advertising, social media
and AI-generated material;
19.3.4 support awareness-raising campaigns targeting children,
parents, educators, health professionals and the wider public concerning
the risks associated with violent pornography, online exploitation,
grooming, deepfake pornography and digital violence against women
and girls, as well as campaigns addressing the dangers posed by
children’s exposure to all forms of pornography;
19.3.5 jointly establish an international day for awareness,
in order to campaign in public spaces, media, social networks, schools,
sport infrastructures including stadiums, as well as at global sport
events and concerts and actively promote the Day for the Protection
of Children against Sexual Exploitation and Sexual Abuse (18 November),
such as the 2026 edition of this day which will highlight ethical
media reporting on sexual violence against children;
19.3.6 involve men and boys in initiatives promoting gender equality,
non-violence and respectful masculinity, and support educational
approaches aimed at challenging harmful gender stereotypes and rape
myths;
19.3.7 support research on the social, psychological and behavioural
effects of violent and non-violent pornography, including its impact
on children and adolescents, gender relations, mental health and
attitudes towards violence;
19.3.8 promote the development of educational, cultural and media
content encouraging equality, dignity, consent and healthy interpersonal
relationships, including documentaries, campaigns and digital content
aimed at countering the normalisation of sexual violence;
19.4 as regards international co-operation on criminal matters,
to:
19.4.1 strengthen international judicial and police
co-operation to prevent, investigate and prosecute offences linked
to violent pornography, non-consensual intimate images, sexually explicit
deepfakes and online sexual exploitation;
19.4.2 facilitate cross-border co-operation between law-enforcement
authorities, judicial authorities, regulators and specialised agencies,
including through co-operation with the International Criminal Police
Organization (INTERPOL), the European Union Agency for Law Enforcement
Cooperation (Europol) and relevant Council of Europe mechanisms;
19.4.3 support the establishment of common international terminology,
classification systems and databases concerning violent pornographic
material and online sexual abuse, in order to improve detection,
evidence sharing and prosecution;
19.4.4 promote harmonised implementation of European and international
legal instruments concerning cybercrime, violence against women
and child sexual exploitation, including the Convention on Cybercrime
(ETS No. 185) and the Lanzarote Convention;
19.4.5 strengthen co-operation with technology companies and
online intermediaries to identify criminal networks, remove illegal
content and prevent the dissemination of abusive material;
19.4.6 call for the establishment of international observatories
or monitoring mechanisms on digital violence, online sexism and
sexual exploitation in digital environments;
19.5 as regards safety and crime prevention in the production
of pornographic content, to:
19.5.1 ensure the full implementation
of legislation concerning health and safety, labour rights and protection
from violence in all contexts related to the production of pornographic
content;
19.5.2 ensure that producers of pornographic content carry out
effective age verification to ensure that any performers involved
in production processes are over 18 years old;
19.5.3 prevent, investigate and prosecute all acts of violence,
coercion, trafficking, exploitation, intimidation or abuse perpetrated
in the context of the production of pornographic material, on the basis
of existing criminal legislation;
19.5.4 ensure that consent to participate in pornographic productions
is free, informed, explicit and reversible, and that performers
have access to effective remedies and protection mechanisms in cases
of violence, abuse or exploitation;
19.5.5 combat trafficking in human beings for the purpose of
sexual exploitation linked to the pornography industry, in line
with the Council of Europe Convention on Action against Trafficking in
Human Beings (CETS No. 197);
19.5.6 encourage the establishment of rapid-response mechanisms
and specialised support services for victims of digital sexual violence
and violent pornography, including emergency reporting channels
and co-ordinated removal procedures;
19.5.7 ensure that victims of violent pornography, online sexual
abuse and non-consensual dissemination of intimate content have
immediate access to legal assistance, psychological support, protection
measures and accessible reporting procedures in order to assess
the effectiveness of public policies.
20. The Assembly calls on legislators and policy makers in Council
of Europe member States and beyond to make use of the “Report on
the balance between fundamental rights and freedoms relevant to
violent pornography in the case-law of constitutional and supreme
courts and international tribunals”, adopted by the Venice Commission,
to identify standards for interpretation and implementation of regulations
on violent pornography, the choice of criminal and non‑criminal
measures, strengthened protection of minors, periodic review in
light of technological and empirical developments, and guidance
on international co-operation, as well as for the future evolution
of such regulations.
