Freedom of expression is recognised as the foundation of democratic societies, but as the case law of the European Court of Human Rights shows, this right comes with responsibilities and cannot be used to incite violence.
A report by the French High Council on Gender Equality, published in September 2023 after reviewing the content of the four most popular pornographic platforms, concluded that 90% of pornographic content presents unsimulated acts of physical, sexual or verbal violence against women. The report also highlighted that children are also affected, with 1.3 million child-themed videos that trivialise and eroticise incest and child criminality.
Research studies also connect violent pornography use with intimate partner violence. The proliferation of online, openly degrading pornography, particularly involving violence and aggression against women, raises critical concerns. There is a need for clear legal standards and effective regulatory frameworks to address this issue and clarify the limits between freedom of expression and incitement to violence against women and girls.
Material perpetuating harm, violence and degradation must be regulated, or at least prohibited from open access. Making such explicit material accessible, especially involving non-consensual or degrading acts, contributes to normalising harmful behaviour and perpetuating sexist stereotypes, especially among children.
In its Resolution 1835 (2011) “Violent and extreme pornography”, the Parliamentary Assembly drew attention to the serious impact of degrading pornography on the behaviour of children and adolescents, who learn to link violence and the degradation of women with sexual pleasure and excitement. Youngest generations must be protected; further, the negligence of member States in protecting against aggressive and violent pornography is an omission of duty.
The Assembly should re-examine this issue, in particular in light of the marked increase in various forms of online violence, with a view to recommending measures that strike a balance between individual rights and collective welfare.