C Explanatory memorandum
by Ms Laura Castel, rapporteurNote
1 Introduction
1. Freedom of expression is a
fundamental human right and a cornerstone of democratic societies.
It is enshrined in Article 19 of the Universal Declaration of Human
Rights and Article 10 of the European Convention of Human Rights
(ETS No. 5), and it includes artistic expression and creativity.
However, this right is not absolute; it comes with responsibilities
and is limited by the need to respect other rights and freedoms.
It cannot be invoked, for instance, to protect expressions of hatred,
and it does not cover incitement to violence. In recent years, the
proliferation of violent and degrading pornography has sparked significant
concern regarding its impact on society. The spread of this type
of pornography has concerning implications for its potentially harmful effect.
The aim of this report is to investigate the direct impact of violent
pornography on women and girls’ dignity and safety, and the indirect
one on gender equality and society at large.
3. Resolution 2412
(2021) “Gender aspects and human rights implications of pornography” highlighted once again that pornography is far from
gender neutral in its impact on society. The text called on member States
to protect, among other things, the rights of all those involved
in the production of pornographic content, and to promote comprehensive
sexuality education as the main source of information on sex and
sexuality for young people and children.
4. In recent years, pornography has evolved considerably. It
has become increasingly accessible by everyone, including children,
even on smartphones, often free of charge. In addition to private
companies operating based on traditional production models, platforms
where self-produced pornography is uploaded and shared have emerged.
The most worrying aspect is that content has become increasingly
extreme and violent. This development was at the origin of this
report.
5. Growing concerns about the harm potentially caused by violent
pornography have led to research and investigations at academic
and political level, with a substantial body of scientific studies
published, as well as reports prepared by parliamentary and antidiscrimination
bodies.
6. This report intends to investigate this matter further and
to update our knowledge, in the light of the evolution of contents
and their spread. Its ultimate aim is to provide public authorities
in Council of Europe member States with indications on how to prevent
and counter the harmful effects of violent pornography on women
and girls’ dignity.
7. The impact of violent pornography on younger people, especially
minors, is particularly concerning. The experts who were consulted
in the preparation of this report often mentioned the situation
of younger viewers and the impact of pornography on them. While
I have referred to this aspect in this report, it will be further developed
by an opinion to be prepared by Mr Joseph O’Reilly for the Committee
on Social Affairs, Health and Sustainable Development. I have discussed
this matter with the rapporteur for opinion and I was happy to note that
we share the same concerns, along with the view that countering
the harmful effects of violent pornography is the uppermost priority.
I trust that the opinion will complement this report effectively
and I look forward to joining forces with fellow Assembly members
to promote the protection of minors and adults alike from this form of
violence.
8. There is a need for clear legal standards and effective regulatory
frameworks to address this issue and clarify if this harmful material
and its effects, that presents real acts of sexual, physical or
verbal violence against women and girls, are protected by freedom
of expression as it is enshrined in European Convention of Human
Rights, or not. The aim is to elucidate the limits of this violence
and degrading treatment against women and girls in this kind of
brutal porn, fake porn and real porn, and if there is a level of
violence against women and girls that should be tolerable and covered
by the European Convention of Human Rights because of the freedom
of expression.
2 Current
situation: Increasing levels of violence in pornography
9. Pornography is usually defined
as a representation of sexual acts intended to cause sexual excitement. Historically
propagated through books, pictures, sculpture, films and other media,
nowadays it predominantly exists in digital formats, accessible
via computers and portable devices. A distinction is often made
between pornography and erotica. Both may feature nudity or sexual
acts, but the latter is more explicit and has the main purpose to
cause sexual arousal. The object of this report is extreme and degrading
pornography as characterised by the violent nature of its content,
which makes it potentially harmful for performers and viewers.
10. Based on observations carried out by experts, as summarised
by Dr José Luis García, a Spanish psychologist with whom I exchanged
views both before and after he was heard by the Committee on Equality and
Non-Discrimination, the intensity of violence in pornography varies
considerably. Lighter forms of violence include verbal abuse, spitting,
whipping and psychological violence, such as the absence of consent
or the use of deceitful means or blackmail to obtain it. Medium-level
violence encompasses forceful penetration, harsh and aggressive
practices involving a person's mouth, breasts, genitals, anus, or
other body parts, with or without the victim’s consent, as well
as the administration of chemicals to induce submission. Extreme
violence involves torture, whether practised with or without the
use of tools. Sexual assault and rape are frequently perpetrated
by a group against a single victim. The most extreme forms of violence
are found in so-called "snuff movies", which depict–or purport to
depict–violence and actual murders for entertainment and financial
gain.
11. Ruth Breslin,
Note Director of the Sexual
Exploitation Research and Policy Institute, in Ireland, stressed, during
our hearing in April 2025, that pornography depicted real violence,
and ethical or feminist porn existed but was hard to find. She underlined
that strangulation had increased fivefold in sexual relationships,
and an updated legislation was necessary, similar to the law on
non-fatal strangulation in Ireland. The findings and conclusions
of Ms Breslin coincide with those of the other experts mentioned
in this report. Regarding strangulation, it is the second most common
causes of stroke in women under 40, since experts
Note have highlighted
it results in restriction of oxygen intake and blood flow to the
brain with neurological consequences which include loss of consciousness,
mild acquired brain injury, stroke, seizures, motor and speech disorders and
paralysis. The physical effects of strangulation remove one’s capacity
to withdraw consent.
12. The titles of violent pornographic films often indicate the
nature of the images: they contain words such as rape, torture,
abuse, brutal, pain. Submissions and humiliation are presented as
exciting elements for both the performers and the spectators, thus
acting like a behavioural model. Specific genres of pornography,
such as “punishment sex”, depict scenes involving urination, vomiting,
or defecation, where the victim is then forced to consume bodily
waste. Experts such as Dr García understand violent pornography
as content including behaviour that would likely amount to pathological
paraphilias and criminal acts, such as bestiality, sexual assault
and abuse and sexual torture. Victims are tied up, screaming and
expressing pain, facing the threat of being abused with objects
and weapons. They are often described in presentation material as
“young”, “adolescent”, “schoolgirl” and “Lolita”. Milder forms of
violence include photos taken under the skirt, or images obtained
in bathrooms, toilets and changing rooms.
13. It is crucial to note that, whatever the type of violence
depicted, the victims are in almost all cases women and girls.
14. United Nations (UN) Women shared with me relevant reports,
in particular “Profits Before People: How the pornography industry
is normalizing and monetizing sexual violence (2024)”
Note which shines a light on the abuse
and exploitation that women and girls are subjected to within the
pornography industry and details the damaging effects of pornography
to individuals and society, exploring how pornography shapes the
sexual scripts of both adults and children, normalises violence
against women and girls, grooms men and boys to perpetrate sexual
violence, and has contributed to child-on-child sexual abuse. It
also highlights the impact of consuming pornography on the human
brain and how users can escalate to consuming more violent and deviant
content. The report considers pornography to be a form of commercial
sexual exploitation and a form of violence against women and girls.
It lays bare the role of the companies who profit from this exploitation
and violence, and their wilful avoidance of regulation and accountability.
15. This type of content normalises aggressive sexual behaviour
and presents women as objects existing solely for the gratification
of others. It contributes to a culture that dehumanises women and
perpetuates gender inequality. The portrayal of violence or emotional
suffering–such as fear or distress–is embedded in these narratives,
implying that such reactions are part of a desirable sexual script.
Research on gender roles in pornography shows a consistent pattern:
men are typically depicted as dominant and in control, while women are
shown as passive, compliant and accessible.
16. The impact of this content is made more concerning by the
“4 As” that characterise pornography nowadays: Accessibility, Affordability,
Anonymity and Acceptability. These characteristics are also highlighted by
the UN Secretary General Report
A/77/302,
“Intensification of efforts to eliminate all forms of violence against
women and girls”. I believe that we need to act on these axes to effectively
counter the spread and the harmful impact of violent pornography.
Content should no longer be as easily accessible, nor affordable. Ideally,
it should never be free of charge as the need to use a credit card
would prevent very young people from having access to it. Comprehensive
sexuality education curricula, and information, including awareness-raising campaigns
aimed at the general public, should make it clear that violence
in pornography is not acceptable as it's not acceptable in real
life.
17. Recurrent points of discussion regarding these violent pornographic
films concern the distinction between real and simulated violence,
as well as the issue of performers' consent. These aspects are particularly
pertinent in relation to performers, the individuals involved in
the production of such material and portrayed in it. Where actual
violence is inflicted or sexual acts occur without the participants’
consent, such conduct constitutes a criminal offence. When whippings
occur the bruises on the thighs are not simulated; when gagging
or even vomiting takes place during forceful fellatios, it is real,
not simulated. Nor are suffocation or hair-pulling staged.
18. Former pornography performers such as Alexa Cruz and Raffaela
Anderson shared personal testimonies of violence they faced on set,
with severe injuries caused by violent penetrations.
Note Former
porn actress Shelley Lubben testified that she had been mass-raped
in one film, despite having asked her colleagues to stop. In her
own words, “We have hours and hours of countless uncut videos of
women being forced and coerced by their male filming partners, verbally
and physically assaulted into acts they don't want to do, induced
to alcoholism and drugs, raped and forced by their agents, directors,
producers, fellow artists and pimps, to perform sexual acts that
they did not want.”
Note
19. From the perspective of the audience the harmful effects of
violent pornography remain, irrespective of whether the violence
portrayed is authentic or staged. Viewers are typically unable to
discern between fiction and reality. This applies in particular
to younger people. As Dr García notes, teenagers tend to consider
what they view on their screen as real. Consequently, violence risks
become normalised as part of their conceptualisations of life, interpersonal
relations, and sexuality. Based on this reasoning, while actual
violence happening in the production of pornography must lead to
the prosecution of perpetrators, filmed violence is equally harmful
on viewers and society at large. The violence in this pornography
is “real” in any case, in that it influences the beliefs, attitudes,
and behaviours of real people who consume it, and it cannot be regarded
as mere fiction. Consequently, simulation should not be invoked
to justify the presence of violence in these films to elude the
application of legal restrictions in its production, diffusion and
consumption.
20. Ms. Maree Crabbe, Director of Australian charity “It’s Time
We Talked”, stressed during our hearing in April 2025 that there
is a trend toward more violent material, consistent with academic
research and studies: 97% of violent scenes target female performers,
and victims often show a positive or neutral response, sending a
misleading message that women may enjoy non-consensual behaviour.
She underlined that pornography repeatedly pushed the boundaries
by depicting social taboos in an effort to keep viewers’ attention
and the distinction between mainstream porn and child abuse material
became difficult to make. Moreover, the free online availability
makes it difficult for children to avoid exposure. She described
a disturbing model of sexuality and gender relations promoted by
pornography, where aggressive sexual behaviours and practices are perceived
as normal. That creates social pressure for young women, who might
feel compelled to conform to those expectations even if they do
not want such practices. Ms Breslin also stressed that the platforms
have no real commercial interest in preventing children from accessing
their sites. On the contrary, evidence shows that the pornography
industry actively tries to attract children to its platforms. This
includes a disturbing use of children’s interests: characters including
Dora the Explorer, Paw Patrol, Minecraft and Pokémon, are used by the
porn industry as tools to recruit minors.
21. The same findings were stressed by Alyssa Ahrabare, a representative
of Osez Le Féminisme, with whom I had a bilateral meeting on 3rd July
2025. Her organisation supports victims of the pornography industry, offering
legal, psychological and social assistance, and they are a civil
party in the legal proceedings of the “French Bukkake” case and
the “Jaquie et Michel” case, two scandals of violence in the pornography
industry that have shaken the public opinion in France. Their analysis
of the situation is similar to that of the other experts we heard.
The specific recommendations they propose include: applying existing
criminal and digital laws to porn platforms; training and funding
regulators to enforce these laws effectively; adopting clear definitions
(e.g. “manifestly illegal” content under the Digital Service Act);
simplifying content removal: victims’ declarations should suffice
to remove videos; set strict time limits for takedowns (e.g. 1 hour,
like for terrorist content); establish proactive detection systems
using AI and “hashing” of known illegal content; recognise pornography
platforms as systemic risk entities (pedocriminality, exploitation,
trafficking); centre victims’ privacy and dignity rather than platform
or user privacy; linking the regulation of pornography to the fields
of public health, the fight against online hate speech, and the
fight against gender-based and sexual violence; enforcing reliable
and auditable identity checks on pornographic platforms to prevent
children from accessing harmful content; promoting public prevention
policies, including emotional and sexual education, awareness campaigns
and training for professionals; holding platforms legally responsible
for violent, pedocriminal or non-consensual content that they host;
establishing a rapid (48h), effective and permanent right to remove
intimate content shared without consent for victims; introducing
a requirement for platforms to proactively detect content and to
ensure the automatic removal of the content that has already been
recognised as illegal; a database of illegal content set up at the
European level; recognising forced viewing of pornographic content
as a form of violence against children. Furthermore, she underscored
that the European Union (EU) has a responsibility to regulate pornographic
platforms and protect minors.
22. During my meeting with the Spanish Minister of Equality, we
discussed the report “OnlyFans:
A Whitewashed Space for the Sex Trade”,
prepared by the Federation of Young Women and the Observatory of Sexual
Violence Against Young Women. Certain elements of the OnlyFans phenomenon
which exemplify the complex intersection of human rights, digital
innovation, gender inequality and economic vulnerability, are worth
mentioning in the framework of my report.
23. OnlyFans functions as a subscription-based platform allowing
individuals to monetise self-produced sexual content, with the company
retaining around 20% of all revenues. The platform’s data-retention
and content-distribution policies mean that intimate images and
videos can continue to circulate indefinitely, even after a user
deletes her account. Such practices raise serious concerns about
the right to privacy, the right to dignity, and the right to control
one’s image, as protected under Articles 8 and 10 of the European
Convention of Human Rights and by the EU General Data Protection
Regulation (GDPR).
24. Multiple types of harm arising from the participation in Onlyfans
have been identified by experts: social harm (stigmatisation, perception
of loneliness due to isolation, shame and emotional distress), psychological harm
(extortion, feelings of dehumanisation and those related to a persistent
digital footprint), and, in certain circumstances, physical harm
linked to sexual assaults during in-person encounters. These forms
of harm disproportionately affect women and girls and may intersect
with broader patterns of gender-based violence, as defined in the
Council of Europe Convention on Preventing and Combating Violence
against Women and Domestic Violence (CETS No. 210, “Istanbul Convention”).
25. A wider cultural shift is being observed, whereby young women
are encouraged to invest in their so-called “sexual capital” as
a perceived path to empowerment, instead of their cultural capital.
OnlyFans spreads the idea that a woman has power when a man is willing
to pay to see her naked, not calling it commodification, but empowerment.
Hypersexualisation is presented as freely chosen, as a source of
power and feminine identity. These narratives risk perpetuating
patriarchal norms rather than dismantling them, as it equates female
empowerment with sexual display and market visibility. In this system,
the social validation obtained is ephemeral, short-lived and inconsequential.
In contrast, men’s social validation continues to derive from professional,
academic, athletic or economic achievement. Such portrayals contribute
to the hypersexualisation and objectification of women, undermining
equality and reinforcing gender stereotypes. Women don’t win; as
long as power asymmetries exist, free sexual consent cannot be built.
26. According to the Spanish analysis of this phenomenon, the
OnlyFans model reflects a process of “pornification” of society,
where women’s bodies are commodified and reduced to objects of consumption.
This objectification strips them of what makes them human, their
dignity, their rights, and reduces them to the category of sexual
objects, denying their role as political subjects. This dynamic
is metaphorically described as the “McDonaldisation of sex”: allowing
women to be consumed quickly, by buying them. Thus, it normalises transactional
relationships and blurs the boundaries of free and informed consent,
particularly in contexts marked by economic precarity or social
pressure. While OnlyFans and platforms alike claiming to promote empowerment
and autonomy can reproduce structural inequalities and forms of
exploitation, they remain part of the digital economy as long as
they operate within existing legal frameworks.
27. Therefore, this study concludes that the prohibition alone
cannot provide a sustainable solution. Instead, a balanced response
must be consistent with the values of the Council of Europe and
its human rights instruments. It should include policies that focus
on socio-economic empowerment, education, digital rights protection
and legal accountability. Member States should ensure that women
and girls have access to the tools, legal remedies and socio-economic
opportunities necessary to make informed and autonomous decisions
regarding their digital presence; develop clear mechanisms to uphold
the right to be forgotten and the right to one’s image, obliging
platforms to remove intimate material upon verified request. National
Data Protection Authorities should be mandated to provide effective
complaint channels and to oversee compliance through regular audits;
awareness-raising initiatives should target both potential creators
and consumers of sexual content; campaigns should inform women and
girls of the long-term risks of sharing intimate material online,
while engaging men and boys as agents of cultural change to counteract
demand for exploitative content that normalises violence; public
messaging at major sporting and cultural events could play an important
preventive role; campaigns should promote public understanding of
the social and psychological effects of violent pornography, including
its role in shaping attitudes towards consent, gender equality,
and interpersonal relationships; advertising and media regulators
should be encouraged to prohibit or sanction the use of gender stereotypes
that trivialise or normalise sexual violence; co-operation among
law enforcement authorities, judicial institutions, and technology
companies should be strengthened to identify, remove, and prosecute
the dissemination of illegal or non-consensual sexual material;
member States should consider introducing regulatory requirements
for technology producers and distributors in line with existing
public health approaches used for tobacco and alcohol products,
to display health and safety warnings on digital devices, including
on the packaging of new technology devices. These warnings should
inform consumers about the risk of behavioral addiction, excessive
screen time, and exposure to harmful online content, promoting responsible
and mindful technology use consistent with public health standards;
and member States should support with adequate financial resources
the establishment of socio-labour reintegration programmes for women
and girls who are victims of trafficking and sexual exploitation,
including training, guidance, employment assistance, hiring bonuses,
housing support and childcare services or care for dependents.
3 The
impacts and harmful effects of violent pornography consumption
3.1 The
impact and harmful effect on the brain
28. The Covid-19 pandemic brought
a significant global spike in online pornography consumption. A
global
studyNote identified
a sharp rise in traffic to pornographic websites during lockdowns.
Psychological research has indicated that pandemic-related stress,
isolation, and anxiety contributed to a rise in addiction-like behaviours, with
pornography addiction and obsessive-compulsive disorder (OCD) emerging
as serious mental health concerns‒particularly among young people.
29. Research in neuroscience illuminates the profound ways pornography–especially
violent content‒affects the brain. Studies using functional MRI
(fMRI) scans have shown
Note that repeated exposure to pornography
can rewire the brain’s reward system, much like substance addiction.
Among the 54 neuroscience-based studies on frequent porn users and
sex addicts,
Note neurological research has identified three
major brain changes that occur with porn addiction: sensitisation,
desensitisation, and dysfunctional prefrontal circuits. A handful
of studies have also identified a fourth addiction-related brain
change: a malfunctioning stress system.
30. According to Donald L. Hilton (2013)
Note and
Gary Wilson (2014),
Note internet pornography functions as a “supernormal
stimulus”, overstimulating the brain’s reward circuitry, particularly
the mesolimbic dopamine system. This overstimulation can lead to
increased cravings, compulsive consumption and desensitisation over time.
A study has shown that short-term media violence exposure reduced
pain ratings to other’s pain by modulating neural empathic responses
to pain through desensitisation,
Note raising concerns about the
potential impact of violent pornography on empathy and social behaviour.
A growing body of research has supported the addiction model. A
2024
summary reported in PsyPost reaffirmed this, noting that the
high effective and arousal properties of pornography confer a strong
addictive potential.
Note
31. The adolescent brain is especially susceptible to these effects.
According to
Blakemore
& Robbins (2012),
Note the very nature of brain development
during the transition to adulthood is often at the root of the risk-taking
behaviour which can cause further damage to the already vulnerable
younger brain. Research shows that the prefrontal cortex, responsible
for decision-making, impulse control, and moral reasoning, continues
to develop until age 25‒30. Exposure to sexually explicit material,
including violent pornography, during this period may therefore
have outsized effects.
Note
32. The brain's neuroplastic response to violent sexual stimuli
can normalise aggression over time, blurring the distinction between
consensual fantasy and harmful reality. Some experts warn that this
neurological conditioning, especially in adolescent brains, can
foster an increased tolerance for aggression and a distorted understanding
of consent.
33. The regions of the brain that are active when someone is viewing
porn are the same regions of the brain that are active while the
person is actually having
sex.
Note
34. The frequency of pornography consumption has been shown to
predict various negative outcome measures in humans. A representative
Swedish study on adolescent boys has shown that boys with daily consumption
showed more interest in deviant and illegal types of pornography
and more frequently reported the wish to actualise what was seen
in real life.
Note.
35. Another
studyNote suggests
that the growing consumption of Internet pornography among adolescents may
contribute to sexual dysfunctions that are misdiagnosed due to inadequate
screening, and consumption can lead to neuroplastic changes in the
brain, particularly in areas responsible for sexual arousal and
reward processing, such as the dopamine system and prefrontal cortex.
As a result, individuals may develop a reliance on pornography for
sexual arousal, potentially leading to sexual dysfunctions in real-life
sexual encounters.
36. The neuroscientific findings, especially on the addictive
potential of pornography and its far-reaching effects on mental
health and brain development, have significant implications for
mental and physical health, public policy, including regulations
of the online environment, and education in connection with pornography use.
The World Health Organization (WHO) has recognised the Compulsive
Sexual Behavior Disorder (CSBD), which may be related to porn addiction,
as a clinical condition. However, researchers like Wilson and Hilton
emphasise that the brain retains the ability to recover, rewire
and adapt itself through neuroplasticity, even after long-term exposure
to harmful stimuli like compulsive violent pornography use.
3.2 The
impact and harmful effect on women and girls and on society as a
whole
37. The main question underlying
this report, however, is about the relationship between pornographic
films featuring violent and extreme content and violence against
women in real life. Does violent pornography encourage violence,
including, but not limited to, sexual aggression? Does it normalise,
or even glamourise, gender-based violence? These concerns have been
the object of hundreds of research studies.
38. At the hearing held on 29 January 2025, Dr Jose Luis García,
who conducted extensive research on the effect of exposure to pornography,
confirmed that the precocious use of this type of content was harmful,
as it conveyed inaccurate, misleading messages about sexuality and
relationships. Research found that 95% of young people were exposed
to pornographic content, and the porn industry chased after young
people using its powerful means. Algorithmic recommendation systems
on free, high-traffic pornography websites are designed to maximise
user engagement and without ethical safeguards may push increasingly
violent pornographic content. A 2023 study by the University of
the Balearic Islands estimated that 25% of young people are exposed
to pornography for 1 000 to 5 000 hours before the age of 20, which
inevitably has an impact on their mindset.
39. Violent pornography, Dr García highlighted, constantly conveys
specific messages that are simply wrong. It presents violence, including
sexual aggression, as acceptable and exciting. It also conveys the
idea that sex is always available and takes consent for granted.
Crucially, it transmits the very harmful message that women and
children like to be forced, abused and, ultimately, raped.
40. On 2 April 2025 I had a bilateral meeting with Dr John D.
Foubert, an expert in sexual assault prevention from the United
States who has carried out extensive research on pornography. In
our conversation, Dr Foubert emphasised the deeply troubling impact
of violent pornography on individual behaviour and societal attitudes. Referring
to over 100 studies linking violent pornography to increased aggression
and an additional 50 studies connecting it to sexual assault, he
underscored that violent pornographic content is not neutral or
harmless. Rather, it serves as a potent behavioural conditioning
tool, capable of reinforcing harmful tendencies and shaping attitudes
toward sexuality and violence. Based on his broad and consistent
research, he argued that the time has come to shift from further
study to public awareness, regulatory reform and preventative strategies.
Note Dr
Foubert mentioned research that highlighted how these effects vary
by gender. Girls exposed to violent pornographic content are more
likely to internalise toxic beliefs, such as accepting violence
as a normal part of sex or subscribing to rape myths, leading to
diminished expectations for consent and respect within their intimate
relationships. For boys, consumption has often been associated with
increased aggression and a higher likelihood of sexually coercive
behaviour. Dr Foubert noted that in both cases, violent pornography distorts
concepts of intimacy, consent and sexuality, fuelling a culture
in which harmful behaviour and gender-based violence becomes increasingly
normalised. In this sense, Ms Crabbe, in the hearing, affirmed that pornography
consumption was linked to violent attitudes and behaviour towards
women and there is a recent increase in harmful sexual abuse among
children and young people.
41. There are numerous studies that investigate the relationship
between exposure to pornography and sexist attitudes and beliefs.
In many of them, it is found that violent pornography, which includes
aggression, violence or degradation of women, contributes to the
normalisation and acceptance of violence against women and its consumption,
and is related to acceptance of violence and sexual violence.
NoteNoteNoteNoteNoteNote One of them analyses 500 studies on the
connection between pornography and the category "gender-based violence,"
and concluded that pornography use leads to gender-based violence.
Note There
are many other studies that suggest a link between porn consumption
and sexual assault, for more than 25 years.
NoteNoteNote Paul
J. Wright's study is one of the few that analyses violent content
as an aggravating factor, concluding that violent content in pornography was
associated with sexual assault both in the United States and internationally
and in cross-sectional and longitudinal studies.
Note To
sum it up, the impact and implications of the consumption of pornography
have been the subject of extensive multidisciplinary research for
decades and, over the last few years, increasing concerns among
experts and institutions involved in gender equality and the fight
on gender-based violence have led to investigations specifically
aimed at identifying the correlation between the production and consumption
of violent pornography, and violations of women’s rights. This is
reflected both in information reports and in standard-setting texts
adopted by international bodies, including the Council of Europe
and national institutions.
42. In March 2019, the Council of Europe Committee of Ministers
adopted a Recommendation on Preventing and Combating Sexism, which
contains the first-ever internationally agreed definition of sexism
and proposes a set of concrete measures to combat this widespread
phenomenon, including through legislation and policies, as well
as awareness-raising. The text recommends, among other things, “promoting
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.”
43. In September 2022, the French Senate’s Delegation for the
Rights of Women and for Equality of Opportunity between Men and
Women published the report “Porno: Hell Behind the Scenes”, based
on 6 months of work and extensive hearings (the victims of the so-called
“French Bukkake” scandal, a case of alleged sexual exploitation
and violence scheduled for trial in 2026, gave testimony behind
closed doors). The report presents the main developments in porn
over the last years, such as the emergence of porn-sharing platforms,
and the distribution of pornography through social media platforms,
including X and Instagram, and messaging apps such as WhatsApp and
Snapchat. The report denounces that producers do not hesitate to exploit
the economic and psychological vulnerability of young, even very
young women, and keep control over them through dehumanisation and
manipulation. As for the consumption side, the document indicated
that large shares of both adult and young population, including
minors, visit porn sites. Young people face consequences ranging
from trauma to sleep, attention and eating disorders, difficulties
establishing relationships, and, crucially, a distorted and violent
vision of sex. This may be explained by the nature of the content,
which, the report explains, is increasingly violent, as it eroticises
relations based on violence and domination, presenting them as the
norm.
44. The French Senate’s recommendations include launching a public
debate on the fight against violent pornography, making sexual violence
committed in a pornography context an incitement to commit criminal offences
(rape or sexual assault), obliging pornographic sites to post warning
messages concerning violent content. The motto “educate, educate,
educate” is central to the recommendations, with an emphasis put
on the important role that sexuality education may play in preventing
and countering the harmful effects of exposure to violent pornography.
45. In March 2025, this report was discussed at a side event organised
by the French authorities within the UN’s Commission on the Status
of Women (CSW) in New York. I attended this event, which saw the participation
of important personalities, including the French Minister in charge
of gender equality, Ms Aurore Bergé, and Ms Belén Sanz Luque, Regional
Director for UN Women Europe and Central Asia. The debate around
the report highlighted the need to step up efforts to counter sexism
and violence in the cyberspace, including by strengthening international
co-operation in this area. This idea deserves our full support.
As the cyberspace, or online environment, is inherently cross-border,
the action to counter harmful phenomena happening online should
have a strong international co-operation dimension. This should
apply not only to crime prosecution, but also to prevention activities,
including research and data collection, as well as information and
awareness-raising measures targeting the general public.
46. In 2023, France’s High Council for Equality between Women
and Men (Haut Conseil à l’égalité entre les femmes et les hommes-HCE
) the country’s main gender equality
body, published a report
Note that
confirmed the estimates on the prevalence of violence in pornography
indicated by the French Senate’s report: 90% of pornographic content
features non-simulated acts of physical, sexual, or verbal violence
against women. These acts, the report explains, include humiliation,
objectification and dehumanisation, often reflecting sexist and
racist stereotypes. Some content may legally qualify as acts of
torture and barbarity under French law. The report describes this
industry as a large-scale system of sexual exploitation, involving
production and distribution practices that violate human dignity
and legal standards. Ongoing legal proceedings in France involve
multiple producers charged with offenses such as group rape, aggravated
human trafficking and aggravated pimping. In addition, the report
links pornographic content to the perpetuation of rape culture, misogyny,
and various forms of hate, such as racism and LGBTIphobia, and it
argues that pornography contributes to a continuum of violence against
women.
47. The HCE calls for the extension of administrative police powers
to allow for the removal of online content that constitutes severe
violations of personal integrity. It also advocates for the recognition
of pornographic content as a potential vehicle for hate speech and
violence, challenging its protection under the freedom of expression.
It also urges the French government and legislators to implement
stricter regulations on the pornographic industry, ensuring accountability
and protection for victims.
48. The work of the Group of Experts on Action against Violence
against Women and Domestic Violence (GREVIO), in charge of monitoring
the implementation of the Istanbul Convention, confirms the growing awareness
of the danger represented by violent pornography. At the hearing
of 29 January 2025, Joanna Nelles, Executive Director to the Istanbul
Convention, indicated that concern about the possibility of a connection
between violent pornography and gender-based violence in real life
was being voiced systematically during GREVIO’s evaluation visits.
According to the national stakeholders consulted, such as women’s
support service, social workers, legal professionals and educators,
children and young adults are watching and sharing pornography without
the ability to contextualise or comprehend what they see.
49. GREVIO has specifically expressed concern over the harm that
violent pornographic content may do to the ability of girls and
boys to form healthy relationships, and deems it important to address
this phenomenon through wider strategies for the prevention of sexual
violence. The group of experts argue that there is an urgent need
to tackle the normalisation of acts that amount to sexual violence,
such as strangulation, non-consensual or degrading practices, whether
they find their way into sexual relations through violent pornography
or otherwise. Ms Nelles indicated that most country visits revealed
a problematic lack of comprehensive sexuality education and of long-term
measures to prevent violence against women, in spite of high rates
of violence.
50. On 24 April 2025, I had a meeting with Maria-Andriani Kostopoulou,
current President of GREVIO, which confirmed the information presented
by Ms Nelles at the hearing and provided additional insight. The prevalence
of violent pornography and the harm it may cause is systematically
mentioned in GREVIO’s country visit reports among the emerging trends.
This shows the transnational, European and global dimension of this issue,
which calls for strong international co-operation, including around
crime repression. As Ms Kostopoulou clarified, violent pornography
is a multifaceted issue, that may be addressed by applying several
provisions of the Istanbul Convention, calling for education and
awareness raising, the involvement of parents, and repressive measures,
based on proportionality.
51. It was useful to discuss with Ms Kostopoulou the concepts
of consent and sexual violence, including rape, as enshrined in
the Istanbul Convention and interpreted by GREVIO. These are relevant
to the matter of this report also in terms of protecting the people
involved in the production of pornographic content, especially women.
Under the Istanbul Convention, sexual violence and rape are based
on the lack of consent. For consent to be valid, it must be informed,
free, subsist throughout the sexual act and be applied to all the specificities
(such as the choice of acts performed, or the use of protection).
In the light of these criteria, I find that the notion of consent
coincides approximately with that of “mutual agreement” suggested
by some authors as a necessary element of any sexual interaction.
Based on these criteria, consent is arguably lacking in pornography
production whenever performers take part in it out of a desperate
need of money, which excludes an actual free choice. In addition,
numerous testimonies of performers show that they were victims of
violence, as the acts performed on them went far beyond what they
had originally consented to. Even the concept of a true, informed
and ongoing consent is compromised by economic precarity, misinformation
and the pressure the producers put on actresses for extreme acts
they do not want to do.
52. GREVIO’s work ensures that the provisions of the Istanbul
Convention have an actual impact, both by monitoring their implementation
by States Parties and by expanding their scope through interpretation.
In 2021, GREVIO published General Recommendation No.1 on the digital
dimension of violence against women,
Note which outlines both gender-based
violence against women committed online and facilitated by technology. While
not originally meant to cover violent pornography specifically,
this text is very relevant. Its indications directed to States Parties
to the Istanbul Convention include reviewing relevant legislation
in accordance with the digital dimension of violence against women,
undertaking initiatives to eradicate gender stereotypes and discrimination,
especially among men and boys, and promoting the inclusion of digital
literacy and online safety at all levels of education. I would also
mention the recommendation to encourage internet intermediaries
to share responsibility and take action to put an end to impunity
for digital acts of violence.
53. Consistent implementation of the Convention is key, and Council
of Europe member States that are Parties to the Convention should
fulfil their obligations and support the work of GREVIO and turn
its findings and indications into action.
4 Legal
aspects
54. As already mentioned, freedom
of expression, as a fundamental right and a cornerstone of democracy, is
widely protected by human rights standards, including the European
Convention on Human (ETS No. 5). However, freedom of expression
is not an absolute right, and it comes with responsibilities and
limitations. Determining whether violent pornography infringes such
limits is crucial, especially when it affects minors. That is why
I suggested asking the Council of Europe’s Commission on Democracy
through Law (Venice Commission) to prepare a study on this matter.
As professor Itziar Gómez
Note says,
if violent pornography is associated to presentation of ideas, what
kind of messages deserve to be protected or if the messages that reinforce
stereotypes of misogyny should be protected. The limits of freedom
of speech in violent pornography evolve in this debate if the gender-perspective
is introduced, and the conflict arises between equality and violent
pornography since the pornographic discourse is not neutral, it
affects rights and freedoms and the guarantee of equality and dignity
of women and girls and could induce discrimination. Those materials
could symbolically affect the status of women as subjects of rights
because they undermine the image of womanhood for the benefit of
male arousal.
55. In Spain, the Constitutional Court has provided special protection
of the dignity of certain groups against messages that exceed the
tolerance level on account of being vexatious, constituting hate
speech, or being an incitement to xenophobia, denigration and violence
(STC 235/2007 or STC 214/1991, in cases of denial of genocide).
In order to determine whether the limits imposed on freedom of expression
respect proportionality, the Spanish Constitutional Court indicated
two criteria: firstly, the public relevance of the message, i.e.
whether or not it serves the general interest, since it refers to
an issue that affects all citizens; and secondly, the necessity
to provide and circulate the information or opinions.
56. If these principles are to be applied to violent pornography,
which is not explicitly mentioned in the provisions, it is essential
to establish whether the message conveyed by violent pornography
is necessary and of public relevance, in which case it is protected
by freedom of expression. Otherwise, it exceeds the boundaries of
tolerance and can be viewed as an incitement to violence and denigration
against women and girls.
57. Professor Clare McGlynn of the University of Durham, whom
I met in Strasbourg in October 2024, espouses the concept that freedom
of expression is limited by pornography, particularly pornographic deepfakes
(artificial intelligence-AI-creations that consist in superimposing
or replacing someone's likeness in video or images). While many
observers challenge the limitations put to the production and consumption
of pornography as a restriction of freedom of expression, Professor
McGlynn explains that pornography itself, particularly so in the
case of deepfakes, breaches women’s right to freedom of expression,
as it chills their speech and inhibits women’s online presence and
engagement. Professor Clare McGlynn has carried out extensive work
Note on violence against women
and pornography, including her previous paper “Criminalising extreme
pornography” calling for the criminalisation of rape pornography.
Her current work focuses on sexual violence, pornography and online
abuse against women and girls and first developed the concept of
image-based sexual abuse, a term and concept that better explains
what many continue to refer to as “revenge porn”, deepfake porn
etc.
58. As explained by Professor Noelia Igareda González of the University
Autonomous of Barcelona at the hearing of 29 January 2025, all pornographic
content involving minors is a serious criminal offence under national
legislation in several Council of Europe member States and under
the Convention on the Protection of Children against Sexual Exploitation
and Sexual Abuse (CETS No. 201, “Lanzarote Convention”), as it falls within
the definition of sexual exploitation of children, which is criminalised.
EU Directive 2011/93 on combating child sexual abuse, sexual exploitation
of children and child pornography also sets forth a comprehensive
ban. In addition, the 2001 Council of Europe Convention on Cybercrime
(ETS No. 185, “Budapest Convention”) stipulates that States Parties
have an obligation to criminalise offenses committed via the internet,
including hosting or distributing child sexual abuse material.
59. Professor Igareda González explained that when sex acts are
performed to create pornographic content without the participants’
consent, whether through threat or physical force, it is a form
of sexual violence. If participants are victims of trafficking,
the pornographic content breaches national law and international
treaties such as the Council of Europe Convention on Action against
Trafficking in Human Beings (CETS No. 197). If the content is created
without consent and later distributed without the victim's permission,
it is a violation of privacy and personal rights. Many jurisdictions
have specific laws that make it illegal to share intimate images or
videos without consent, particularly when there is intent to harm
or humiliate the victim. She considers pornography to be violent
even when participants perform violent acts voluntarily. This is
legal under EU law, but needs to abide by the limits set out by
national legislation, particularly in terms of obscenity.
60. Professor Igareda’s presentation gave an overview of national
and international regulations that apply to violent pornography.
Legislators and policy makers have made remarkable efforts to prevent
and counter the harm caused by pornography. Protecting children
from exposure to it has always been the main priority in this area,
and rightly so. However, more could be done to strengthen harm prevention,
and the protection of victims. Regulations in this respect should
meet the highest standards and be harmonised across Europe.
61. In January 2025, I had a meeting with Reem Alsalem, UN Special
Rapporteur on violence against women and girls, its causes and consequences.
Ms Alsalem has taken a clear stance against pornography in general,
which she views as “filmed prostitution”. In turn, prostitution
should be considered, according to Ms Alsalem, as a form of violence
against women, and as such it should be abolished. Also, users of pornography
should be considered as perpetrators of violence against women,
which would justify criminal law sanctions.
62. In our conversation, Ms Alsalem also indicated that she did
not see violent content as a specific type of pornography, since
most pornography is violent, according to recent research. These
opinions also applied, she clarified, to self-produced contents,
uploaded by users on platforms such as YouPorn. Even Only Fans,
a platform that may seem safe for female content creators, was in
fact insidious, as they were led to create increasingly violent
and extreme videos, for fear of losing followers. Special Rapporteur
Alsalem’s recommendations focused on banning all types of pornography,
with criminal sanctions for those who own or manage online platforms.
Having examined the research and heard the explanations of different
experts, my recommendations in this report do not extend to calling
for a complete ban on pornography, which in my opinion would amount
to censorship.
63. Some Council of Europe member States have legally banned violent
pornography. An early example of legislation regulating this area
comes from the United Kingdom, where the Criminal Justice and Immigration Act
2008 proclaimed it an offence in England, Wales and Northern Ireland
to possess extreme pornographic images. “Extreme” pornographic content
is defined as grossly offensive, disgusting or otherwise obscene,
and that explicitly and realistically depicts serious injury, bestiality,
or necrophilia, while the Criminal Justice and Licensing Act 2010,
introduced a similar offence in Scotland, which explicitly covers
“rape pornography” among other things. In December 2024, the UK
Parliament started debating a proposed new law criminalising the taking,
soliciting and creating of intimate images, including sexually explicit
deepfakes. The Bill aims to cover all forms of solicitation, creation
and taking of sexual images and videos without consent. The proposal
is consent-based, which means that it focuses on the victim and
not the motives of perpetrators.
64. In Germany, Section 131 of the Criminal Code sanctions 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”. While these provisions were not originally meant
to target pornography, they could arguably apply to pornographic
content when this meets the criteria indicated in the law.
65. In recent years, several other European countries have intensified
efforts to regulate or ban violent pornographic films, reflecting
broader concerns about its impact on gender equality, public health,
and the normalisation of sexual violence. These developments align
with evolving legislative frameworks at both national and EU levels,
particularly in response to technological advancements and shifting
cultural attitudes. Below is an example of key recent initiatives
and debates across Europe.
66. During a bilateral meeting I had on 2 April 2025 in Madrid
with the Spanish Equality Minister, she explained this initiative:
on 25 March 2025, the Council of Ministers submitted to the Parliament
(Cortes Generales) the draft
Organic Law on the Protection of Minors in Digital Environments,
as part of the 2024-2025 Annual Regulatory Plan. The draft Organic
Law introduces provisions across various sectors, including consumer
and user protection, education, and healthcare, with a view to ensuring
the protection of minors in digital environments. This draft legislation
aims to promote a balanced and responsible use of digital technologies
and to support the healthy development of minors’ personalities
and safeguard their dignity and fundamental rights. It also aims
to ensure that digital products and services take into account the
child’s best interests and incorporate both a gender and intersectional
perspective. Crucially, it aims to support the development of digital
literacy among children and enhance their capacity to assess online
content, and to identify disinformation and abusive material. The
law’s objective to prevent sexual violence in digital contexts is
strictly relevant to this report, including the dissemination of
sexual violence through technological means, non-consensual pornography,
and sexual extortion, as well as the advocacy or promotion of such
behaviours. Obligations are imposed on manufacturers of digital
equipment with an internet connection, and their non-compliance
is sanctioned. Further, it amends procedural legislation to allow
judicial intervention by means of a temporary interruption of a
digital service providing inappropriate content to minors or the
removal of that content, and modifies the Audiovisual Communication
General Law with a view to compelling the big communications operators
and influencers to inform of the harmful content for minors and
to use age verification systems.
5 Regulatory
oversight of violent pornography through mechanisms such as the
Digital Services Act of the European Union
67. The EU’s Digital Services Act
(DSA) introduces a robust regulatory framework for online platforms, including
adult content websites, to enhance user protection and accountability.
Note Under this regulation, platforms
with over 45 million monthly EU users are classified as “Very Large
Online Platforms” (VLOPs), requiring them to conduct risk assessments,
ensure transparency, and submit to independent audits. In December
2023, the European Commission designated several adult sites‒including
Pornhub, XVideos, XNXX and Stripchat – as VLOPs, obliging them to
assess risks related to illegal content and to take steps to protect
minors.
Note However, by early 2025, reported
user numbers had declined for some of these sites, prompting a review
of their VLOP status.
Note Despite this, DSA provisions
still apply broadly across platforms.
68. The European Commission has launched an investigation into
four major adult websites, accusing them of not complying with regulations
that protect minors from accessing pornography.
Note Safeguarding minors from accessing pornography
is an essential part of the DSA, which went into effect in 2022
and applies to all platforms that are used in the bloc. The EU is
also developing an age-verification app that will allow individuals to
prove that they are over 18 without revealing any other information
about themselves online. The app will be available soon.
69. Given that the DSA does not explicitly require platforms to
assess legal but harmful content, such as violent pornography that
may reinforce gender-based violence or cause psychological harm
‒ particularly to women ‒ member States should advocate for clearer
inclusion of these risks in the mandatory assessments. This could
be done by issuing supplementary guidance or proposing amendments
that recognise the harmful impact of
non-criminal, yet degrading or violent sexual content,
especially in relation to broader EU gender equality and digital
safety goals.
70. In December 2020, Pornhub removed over 10 million videos ‒
more than two-thirds of its entire content ‒ in less than 24 hours,
reducing its library from approximately 13 million to 3 million
videos. This drastic action followed a New York Times investigation
by Nicholas Kristof on “The Children of Pornhub
” which exposed the presence of
non-consensual and abusive content on the site.
Note In response to the public outcry,
Mastercard and Visa suspended payment processing for the platform,
prompting Pornhub to overhaul its content moderation policies and
remove all unverified videos. This case illustrates the need for
rigorous, proactive content governance even in the absence of criminal
classification. The establishment of independent bodies to review
compliance and content moderation practices of adult platforms regardless
of VLOP designation could be recommended.
71. The current two-tier regulatory system leaves users of medium-sized
and emerging platforms less protected against violent or illegal
content. Furthermore, because platforms self-declare their user
numbers, there is a risk that some will under-report audience size
to avoid the VLOP designation and the heightened scrutiny that accompanies
it. The absence of a proactive detection duty further undermines
effective enforcement, allowing harmful material, including non-consensual
sexual imagery, to persist online. Medium-sized and niche adult
platforms, which often serve as entry points for new forms of cyber-violence,
remain largely outside the DSA’s intensive oversight framework.
The goal must be to ensure equal protection standards for all users,
regardless of the size or market share of the platform concerned.
72. Therefore, to strengthen the regulation of digital platforms
and the effective implementation of the DSA, the EU should: Include
all platforms that allow the dissemination of sexual content within
the VLOPs category or an equivalent classification, thereby imposing
increased obligations in terms of content control and systemic risk
management; designate platforms as “systemic risk” entities under
the DSA if they host content such as pornographic websites and social
media networks frequently used for the dissemination of non-consensual intimate
material. Such classification should trigger specific preventive
measures based on objective indicators, such as repeated removal
orders over a defined period or verified complaints; clarify the
concept of “serious and repeated violations” and develop common
criteria for assessing “serious harm” (e.g., duration, frequency,
documented and verified psychological or social impacts) to ensure
consistent enforcement and proportional sanctions across member
States; introduce effective and proportionate sanctions not only
against unco-operative platforms but also against Internet Service
Providers (ISPs) that knowingly facilitate the dissemination of
illegal or harmful material; require platforms and ISPs to justify
any technical or operational inability to comply with a removal
order, to prevent delays or inaction; establish a binding injunction
procedure requiring hosting service providers to remove or block
access to non-consensual intimate content within 24‒48 hours after
notification by the competent authority.
73. Member States should: establish an independent monitoring
mechanism to oversee the implementation of the DSA across all online
platforms, including adult sites, regardless of their VLOP status.
This body, working alongside independent and well-resourced Digital
Services Coordinators (DSCs) in each member State, should review
compliance, assess content moderation practices, and impose sanctions
for non-compliance to ensure consistent and transparent enforcement
of the DSA; provide specialised training for magistrates, prosecutors,
and law enforcement officers on digital violence and gender-based
harassment, mandate regular transparency reports on risk assessments
and moderation outcomes, subject to audit by competent authorities, which
could impose additional measures in the event of failure to comply,
member States and EU institutions should advocate for the explicit
inclusion of “legal but harmful” content, such as violent pornography
that reinforces gender stereotypes, legitimises sexual aggression,
or causes psychological harm, in the mandatory risk assessments
required under the DSA.
74. On 11July 2025 I met with Mr Mark
Beavan, Head of the International Criminal Police Organization (INTERPOL)
Crimes Against Children Unit, which primarily focuses on the detection,
disruption, investigation and prosecution of child sexual exploitation,
prostitution and abuse. Their work includes identifying child victims,
rescuing them, and pursuing offenders on an international scale.
On the definition of pornography, INTERPOL does not have a formal
institutional position on pornography, except in cases where children
are involved because from that moment, it’s not porn, it’s a crime.
They define pornography as adults engaging in consensual sexual
acts, distributed legally for sexual arousal. When children are
involved, the material is not considered pornography but child sexual
abuse material (CSAM). Violent and extreme content in pornography involving
adults is also classified as abuse and exploitation, and as a corollary,
is or ought to be considered a crime.
75. INTERPOL faces significant challenges globally in enforcing
its mandate, including lack of resources in most police jurisdictions
to effectively combat illicit pornography and child abuse. Additionally,
there is regulatory disparity among European countries, with differing
laws and bans on such materials. Despite these difficulties, INTERPOL
collaborates internationally to tackle these crimes.
76. He shared the following recommendations: provide adequate
resources to law enforcement agencies to combat illicit pornography
and child abuse effectively, among other things to complete data
analytics on prevalence, embed resource within INTERPOL eco system,
working with CHILDLIGHT; adopt the Universal Classification Scheme
for child abuse material and for violent pornography to improve
law enforcement processes, data collection and training for emerging
technologies like large language models, to help police and regulators
identify and triage violent or extreme adult sexual content; strengthen
co-operation with technology companies to manage large volumes of
child abuse content; Universal Classification Exercise: Initiated
by the “In Hope” project, this standardises terminology and labels
for child abuse material, making law enforcement easier globally.
A similar approach is recommended for violent pornography; collaboration
with tech experts: INTERPOL consults experts from Google, TikTok
and Meta quarterly to improve content management strategies; INTERPOL’s
“Worst of List” (IWOL): this is a dynamic list of open web domains spreading
the worst child sexual abuse content, which is shared with ISPs
to help block such content and could serves as prevention mechanism,
educating users that they may be committing an offence. Most ISPs
co-operate as such material violates their internal guidelines.
A similar method is recommended for use on violent pornography,
targeting ISPs. To judge which content needs blocking and which
domains should be included on the IWOL, INTERPOL checks images and
videos against Baseline (a hasch list). If there is a match, network operators
alert the police and remove the material, limiting its circulation.
Baseline is continuously updated with new hashes through collaborative
work in member States; on Child Sexual Exploitation Databases: INTERPOL maintains
national level databases colligating material from member States.
These databases help identify victims and offenders, though the
volume of materials is massive.
6 The
importance of comprehensive sexuality education and “porn literacy”
77. While criminal sanctions may
have a role to play in countering the potentially harmful effects
of violent pornography, they are not the only remedy. In any case,
they should not target pornography in general, but rather certain
types of content. A complete ban on pornography would be at odds
with freedom of expression and could hardly be justified. It might
even prove counterproductive or be misused. In the United States,
for instance, progressive commentators have found that the bans
on porn proposed by ultra-conservative politicians and introduced
in some federal States may have undesirable effects, such as outlawing
LGBTI-themed books in school and public libraries, stigmatising
transgender people or unduly limiting freedom of artistic expression,
of drag queens for instance.
Note
78. The Assembly has consistently recommended comprehensive sexuality
education for years. Resolution 2412 (2021) “Gender aspects and
human rights implications of pornography” indicates that “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.” In
Resolution
2490 (2023) “Innovative approaches to sexual and reproductive health
and rights”
, the Assembly
“reiterates that comprehensive sexuality education is crucial for
preparing young people for adult life. Age-appropriate, medically
accurate and evidence-based sexuality education should be a mandatory
part of school curriculums at all levels and accessible to all young
people, including outside of schools, also with the help of digital
technologies. Comprehensive sexuality education should cover issues such
as contraception and the prevention of sexually transmitted infections;
gender equality, gender norms and stereotypes; prevention of and
protection from sexual, gender-based and domestic violence; sexual
orientation and gender identity and expression; self-determination
and consent in relationships; and personal interaction. As a necessary
tool for learning how to practise one’s self-determination and bodily
autonomy, and for making informed choices on one’s sexuality, comprehensive
sexuality education is a right that should be recognised for all”.
79. This indication coming from the Assembly is as relevant as
ever, both as regards the necessary content of comprehensive sexuality
education, and the reference to it as a right for everyone.
80. At the hearing held by the Committee on Equality and Non-Discrimination
in January 2025, Dr García insisted on the importance of a comprehensive
sexuality education as a tool for preventing the negative impact of
violent pornography on youth. In the hearing of April, Ms Crabbe
stressed that she had authored a guidance note on “Safeguarding
children from the risks of accessing online pornographic content”
Note for the Council of Europe
with detailed recommendations, and emphasised the importance of
comprehensive age-appropriate educations and support critical thinking.
She mentioned Australia’s trial of age assurance technology to prevent young
people from accessing porn, and the UK’s Online Safety Act.
81. In a nutshell, age-appropriate, medically accurate and evidence-based
sexuality education is a necessary tool to learn how to practice
one’s self-determination and bodily autonomy, to make informed choices
on one’s sexuality, and therefore it should be recognised as a right
for all. One strategy is the school-based provisions of curricula
on pornography what might be termed “education to address pornography’s influence”.
This article
Note by Ms Crabbe and
recommended by UN Women, explores what this education should look
like and offers a framework for school-based pornography education.
82. Providing comprehensive sexuality education is not only a
step in the right direction that legislators and policy makers may
choose to take. Article 14 of the Istanbul Convention sets forth
an actual obligation for States Parties to engage with the education
sector to address violence against women, instil the notion of gender
equality, mutual respect and the right to personal integrity. The
Canary Islands in Spain have included emotional education since
2014 as a compulsory subject with 90 minutes per week, not to mention
the United Kingdom and Malta which teach emotional education as
a compulsory subject. As Dr García highlights, consent and mutual
agreement in sex education is needed. To know that it is a serious
crime, to be educated in the value of respect, scrupulous respect
for the sexual freedom of the other person and their dignity which is
above any other consideration. When one consents even though one
doesn't feel like it and decides to put up with it, even consent
doesn't protect one enough. The concept of mutual agreement however,
i.e. doing what both people want to do and which they have previously
talked about and negotiated, is seemingly a better concept.
83. In the opinion of UN Women, “Children must be taught the importance
of consent from childhood. It is an essential part of comprehensive
sex education, which empowers the population through knowledge of
their rights. A way to end taboos related to consent is to create
safe and interactive spaces to talk about the subject”. “Engaging
men and boys in the debate on the concept of masculinity is another
important pillar to raise awareness about the consent. To banish
rape culture, we must examine masculinities and redefine what it means
to be a man using feminist principles.”
84. A recommendation on comprehensive sexuality education is currently
being prepared by a group of experts for the Council of Europe.
The Assembly should encourage this initiative, ensure that it meets
the highest standards, and provide political support to its implementation
once it is adopted.
7 The
role of internet platforms and internet service providers to moderate,
prevent and eliminate violent content: artificial intelligence
85. The relevance and prevalence
of AI in relation to violent pornographic films cannot be overestimated.
In this area, AI has been first and foremost a reason for concern,
particularly as regards sexually explicit deepfakes. In 2024, a
fake pornographic video using images of musical artist Taylor Swift
became viral. Shortly afterwards, the Canadian Government announced
a plan to ensure that sexually explicit deepfakes would be included
in future legislation on online harm.
Note
86. While the use of AI to create fake, non-consensual or otherwise
violent pornographic contents is a reason for concern, the same
type of technology has great potential as a tool to detect such
content and limit its spreading. In other words, AI is part of the
problem but is also an important part of the solution.
87. AI is extensively used by online platforms, including social
media, to analyse user-shared content, mainly to obtain information
on users’ behaviour, preferences and trends. Content analysis tools
can process vast amounts of data in real-time and yield sophisticated
results. For instance, they can identify the tone of posts and comments
(sentiment analysis) and patterns to predict future behaviour. AI
algorithms are also used to identify spam, bots and fraudulent activity.
The effectiveness of AI applications is impressive, and we can only expect
it to improve further. It seems clear that this technology should
be used by online platforms to analyse pornography content, whether
self-produced or industrially created. This content could then be
treated according to rules adopted by the platforms themselves (self-regulation)
or imposed by the law: it could for instance be removed or marked
by a warning message.
88. On a different note, AI and other technologies may be used
for age verification. In the United States, legislation limiting
access to online pornography was passed in 19 federal States over
the last few years. For decades, users were met with a popup asking
whether they were 18 or older, with no further check. In Texas and
numerous other States, the law now requires certain websites to
verify each user’s age, either by uploading a State Identity Document
or through AI-powered software that scans users’ face and estimates
their age.The decision by sites like Pornhub to pull out of some
States due to these laws, has led more and more Americans to download
the same kind of technology that people in authoritarian countries.
Besides, in States where Pornhub has blocked users, there’s been
an apparent spike in interest in Virtual Private Networks (VPNs),
tools that can trick websites into thinking the user is in a different
location.
Note In France, Pornhub has blocked access to
its website because of its objections to a new French law requiring
pornographic sites to verify the age of their users.
Note Arcom,
the country’s communications regulator said that this platform had
chosen to shirk the requirement of protecting minors enshrined in
digital regulations (last year France enacted a law mandating that
pornographic sites implement stricter age-verification technology,
which could include asking users to provide their bank card details).
89. I have attended several meetings on AI challenges and opportunities:
the side event organised by the Andorra delegation during the plenary
sitting of 30 October 2025 on “Implementing the Framework Convention on
AI and its risks and impact assessment tool: human rights in action”;
the Conference co-organised by the Sub-Committee on Artificial Intelligence
and Human Rights in Warsaw on 13October
2025: “Parliamentary democracy and legislation in the age of Artificial
Intelligence: the European perspective”; and the “Conference on
Artificial Intelligence” on 15 and 16 December 2025, in London.
Further, I was invited to participate as a panellist in the “Peer-learning
webinar: Towards a safer digital space for women and girls combating Cyberviolence”,
on 29 October 2025, organised by the European Women’s Lobby and
Osez Le Féminisme.
8 The
Venice Commission report
90. In March 2026, the Venice Commission
adopted a 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, prepared at the
request of the Committee on Equality and Non-Discrimination.
91. The starting point of this report is the consideration that
the issues raised by violent or extreme pornography involve a complex
balancing exercise between competing rights and interests. On the
one hand, there is a need to prevent harm, combat gender-based violence,
protect human dignity and safeguard vulnerable groups, particularly
women and children. On the other hand, these concerns must be weighed against
fundamental rights and freedoms, including the right to private
life, sexual self-determination, economic freedoms and freedom of
expression.
92. The Venice Commission underlines, as clearly stated in my
own report, that freedom of expression is one of the cornerstones
of democratic societies and is essential to individual self-development
and participation in public life. However, as recognised by international
human rights instruments, this freedom is not absolute. Its exercise
carries duties and responsibilities and may be subject to restrictions
prescribed by law where these are necessary and proportionate in
order to protect the rights of others, public safety, health or
morals.
93. The challenge of striking an appropriate balance has become
increasingly complex with the development of the internet and digital
technologies. Access to and dissemination of pornographic material
has expanded considerably in recent decades, largely through online
platforms and mobile devices. Violent pornography is now widely
available and easily accessible, including to minors. Research also
highlights the strongly gendered nature of this phenomenon, with
a very large proportion of violent pornographic content targeting
women. Studies further indicate high rates of pornography consumption
among men and growing exposure among boys at increasingly young
ages.
94. The report then proceeds to examine violent pornography from
two perspectives: on one hand, fundamental rights and freedoms at
risk from violent pornography and regulatory gaps; on the other, fundamental
rights and freedoms that can be invoked by actors involved in production,
distribution and access. It then refers to fundamental rights including
freedom of expression, with a focus on artistic expression, the
right to private life, and economic rights.
95. A central aspect of the Venice Commission report, as its title
indicates, is the comparison between different case-law traditions
across European countries, and beyond.
96. The Venice Commission concludes that clear and foreseeable
statutory definitions of violent pornography should be adopted,
providing for criminal liability in cases involving realistic violence,
coercion, non-consent or severe and objectively established degrading
treatment, while avoiding vague moral or subjective criteria. The
report also stresses the need for comprehensive and coherent legislative
frameworks addressing violent pornography as a whole, clearly defining
their protective aims, the scope of criminal and non-criminal measures
and foreseeable standards for enforcement.
97. The Venice Commission further concludes that a gender-sensitive
and harm-based approach should be integrated into legislation, public
policy and judicial practice in cases involving women portrayed
in violent pornography. The report underlines that such an approach
is necessary in order to reflect the structural discrimination and
heightened risks of violence faced by women, in line with the obligations
stemming from the Istanbul Convention and the UN Convention on the
elimination of all forms of discrimination against women. It also
emphasises the importance of education-oriented, trauma-informed
and victims’ rights-compliant policies.
98. The report highlights that regulation should remain proportionate
and respect the principle of ultima ratio, reserving criminal law
for the gravest forms of violent pornography, while relying on administrative,
technical and educational measures for harmful but non-illegal content.
In this respect, the Venice Commission points to the importance
of tools such as age verification, content moderation, media literacy
and content-classification systems.
99. The Venice Commission also concludes that the protection of
minors should be strengthened through robust risk-assessment and
mitigation measures, rapid removal and blocking procedures for harmful
content, and proportionate obligations imposed on online platforms
and ISPs. The report further stresses the importance of procedural
safeguards, including judicial review, effective remedies regarding
blocking or takedown orders and due-process guarantees for all affected
parties.
100. Finally, the report underlines the need for legal frameworks
and enforcement practices to be reviewed regularly in light of technological
developments, including AI and deepfakes, as well as empirical evidence
and cross-border challenges. The Venice Commission concludes that
international co-operation should be strengthened in order to align
standards with relevant Council of Europe instruments and facilitate
cross-border evidence sharing and co-ordinated enforcement against
the online dissemination of violent sexual content. This is in line
with the recommendation that I heard from several stakeholders,
which I strongly support.
9 Fact-finding
visit to the United Kingdom
101. On 14 and 15 April 2026, I
carried out a fact-finding visit to the United Kingdom, during which
I met a wide range of stakeholders, including parliamentarians,
representatives of the Government, civil society organisations,
independent experts and representatives of online platforms specialising
in pornographic content. I would like to warmly thank the British
delegation to the Parliamentary Assembly for its generous hospitality
and its secretariat for the excellent organisation of the visit.
102. The meetings held during this visit were particularly fruitful.
They provided an opportunity to exchange views with actors deeply
committed to preventing and combating violence against women and
girls and, more broadly, to promoting a safer and healthier digital
and social environment for both adults and children.
103. The United Kingdom has long recognised the dangers posed by
violent and extreme pornography and has adopted measures aimed at
countering its dissemination. Legislation adopted in 2008 criminalised
the possession of extreme pornographic material and established
a legal definition of “extreme pornography”, which, in addition
to violence targeting living humans, includes content depicting
acts of bestiality and necrophilia. The legislation was reviewed
and updated several times in order to address new forms of violent pornographic
content, notably material involving strangulation, now specifically
banned.
104. Several stakeholders stressed the alarming normalisation of
strangulation practices, often misleadingly referred to as “choking”,
in mainstream pornographic content, particularly among adolescents
and young people, some of whom increasingly perceive these acts
as a standard or even expected component of sexual relations.
105. Another issue raised repeatedly during the discussions is
pornographic content depicting roleplay scenarios, in which adult
women are presented as minors. This type of content contributes
to the normalisation and trivialisation of child sexual abuse and
may reinforce harmful perceptions regarding the sexualisation of minors.
It was encouraging to discuss with committed personalities such
as Baroness Bertin, who prepared the 2025 report “Creating a safer
world: the challenge of regulating online pornography”, and Alex
Davies-Jones MP, then Parliamentary Under-Secretary of State for
Victims and Tackling Violence Against Women and Girls.
106. I had the opportunity to discuss and learn more about the
cultural and economic environment surrounding pornography, particularly
in the context of the evolution of the internet and social media
platforms. Several stakeholders pointed to the role played by online
platforms and algorithmic recommendation systems in encouraging
increasingly extreme or violent content. By collecting detailed
data on users’ preferences and consumption habits, platforms may
contribute to a dynamic whereby increasingly violent content is
promoted and normalised in pursuit of greater user engagement and
profit.
107. A political element that I find important is that, as my interlocutors
underlined, there is currently a broad political and societal consensus
in the United Kingdom regarding the need to address violent pornography
and strengthen existing protections, particularly for women and
children. I found this encouraging, as it shows growing awareness
of the serious harms associated with violent pornographic, and it
confirms that time is ripe for ambitious legislation and policies
to counter this scourge.
108. The valuable observations and recommendations that I collected
from fellow politicians, experts and activists are reflected in
the draft resolution.
10 Conclusions
and proposals
109. In this report I have endeavoured
to highlight the harm that violent pornography causes to people involved
in its production, to viewers, particularly young ones, and to society
at large.
110. Nowadays violence permeates pornographic films, which, in
turn, affects people’s understanding of sexuality and gender relations.
As Dr Garcia says, “What is the need to incorporate violence inflicted
on women ang girls in sex videos? Why should boys and girls develop
a vision of sexuality that is based on aggression, and why should
adults be convinced that this is an acceptable, pleasurable and
almost necessary component of sex?” Research highlights how these
effects vary by gender. Girls exposed to violent pornographic content are
more likely to internalise toxic beliefs, such as accepting violence
as a normal part of sex or subscribing to rape myths, leading to
diminished expectations for consent and respect within their intimate
relationships. For boys, consumption is often associated with increased
aggression and a higher likelihood of sexually coercive behaviour.
In both cases, violent pornography distorts concepts of intimacy,
consent and sexuality, fuelling a culture in which harmful behaviour
and gender-based violence becomes increasingly normalised.
111. Violence generates violence. This is why I believe that measures
should be adopted to counter the harm of the production, the spread
and the consumption of violent pornography. There are boundaries
between freedom of expression and incitement to violence against
women and girls. As previously highlighted, this is not an absolute
freedom, and other rights must be taken into account when enforcing
it. Besides, as it is stressed by the UN Secretary General in the
report A/77/302, the right to freedom of expression cannot be invoked
to justify language or other forms of expression designed to incite
discrimination, hostility or violence, including online violence
against women and girls (A/HRC/38/47, para. 52). The Venice Commission
has found three balancing methodologies. Legal frameworks for regulating
sexual expression generally operate through three distinct lenses.
Dignity-based approaches categorically exclude depictions that violate
or negate human dignity from protection, making further legal balancing
unnecessary. In contrast, harm-based frameworks justify restrictions
only when there is evidence or a strong inference of concrete social
or individual harm, with a specific focus on gender equality and
degradation. Meanwhile, structured proportionality models scrutinise legality,
legitimacy, necessity, and proportionality, often granting national
authorities a margin of appreciation on morally sensitive legislative
choices while weighing context and alternatives. Despite these differing methodologies,
protection for sexual expression narrows sharply whenever it intersects
with serious violence or dehumanisation. Conversely, in cases involving
consensual adult activity where demonstrable harm is merely speculative
or remote, courts typically hesitate to uphold intrusive criminal
measures, reflecting a commitment to private autonomy and a caution
against State overreach.
112. Therefore, various types of recommended measures are necessary:
legal recommendations; technical recommendations regarding the use
of AI and aimed at large technology companies and platforms; educational and
health recommendations; in addition, I consider it particularly
important to take a joint international action involving between
Council of Europe, the UN, in particular UN Women, and the EU.
113. Regarding legal and technological solutions, some experts
propose geo-blocking of violent pornography sites, filtering content
filters, initiating robust age verification, the requirement having
to actively “opt-in” with internet services providers in order to
access this violent content, criminalising the production and distribution of
degrading and violent films, enforcing legislation criminalising
the supply of pornography to children and, tackling the entire business
model of violent pornography trade.
114. Most experts make it clear that freedom of expression should
not be prioritised over the harm that stems from violent pornography.
And that the spreading of contents depicting acts of sexual violence
to an indiscriminate community of users that includes minors must
be prevented. In no other place, on no other platform, are women
more dehumanised or objectified than in violent pornography.
115. Throughout the preparation of this report, various types of
recommended measures were collected, analysed and compared, which
are reflected in the report and in the draft resolution and recommendation stemming
from it. They include legal recommendations, technical recommendations,
particularly regarding the use of AI, and aimed at large technology
companies and platforms; educational and health recommendations. In
addition, a measure I consider particularly important, originating
from the exchanges I held with representatives of international
agencies, is the idea to take a joint international action involving
the Council of Europe, the UN, the EU to counter violent pornography
worldwide.
116. Resolution 2547
(2024) “The protection of children against online violence”
asks member Sates to introduce effective age verification obligations
on websites, particularly on sites providing goods and content which
are not intended for children, and which could incur in similar
obligations in the offline world. Further, this Resolution also
asks to set up digital fingerprint or hash databases to identify
and locate children subjected to sexual exploitation or abuse; remove
or restrict access to such content; apprehend perpetrators and provide child
victims with the necessary psychological support and rehabilitative
care. Besides, recommends to integrate safety and privacy at the
design stage and by default, while taking account the right of children
to protection from violence online, as guiding principles for the
features and functionalities of products and services intended for
or used by children. It is necessary that the digital services and
products take into account the superior interest of children and
integrate the gender and intersectional perspectives.
117. Regarding legal and technological solutions, some experts
propose geo-blocking of violent pornography sites, filtering content,
initiating robust age verification, having to actively “opt-in”
with internet services providers in order to access this violent
content, criminalising the production and distribution of degrading
and violent films, enforcing legislation criminalising the supply
of pornography to children, tackling the violent pornography trade’s
business model, etc.
118. The Political declaration on the occasion of the 30th anniversary
of the 4th World Conference on Women, adopted
in New York in March 2025, recommends adopting, funding and implementing
national plans to prevent, eliminate and respond to violence against
all women and girls, and calls on member States to investigate,
prosecute and punish the perpetrators of violence, to end impunity;
to adopt a comprehensive approach to eliminating through the use
of technology and online platforms; to ensure that victims have universal
access to social and health care services and justice; and to mobilise
all relevant stakeholders to eliminate and respond to all forms
of violence against women and girls as well as its root causes.
119. In this context, an International Alliance lead by the Council
of Europe to combat and eliminate violence against women and girls
in pornography is needed: it should bring together multiple stakeholders
such as governments, international organisations, civil society
and the tech private sector, in order to set platform standards,
harmonise legislations, prosecute crime, prevent illegal activities,
collect data and invest in research, as well as to raise awareness
through campaigns targeting the general public. Furthermore, the establishment
of an international observatory and monitoring mechanisms should
be encouraged.
120. Lastly, regarding the impact of this form violence on society,
I believe that the Council of Europe should organise, in co-operation
with the WHO, a conference or a panel of independent experts in
neuroscience, psychology, public health and other fields, on the
addictive effects, neurological impacts, and real-world violence
correlations of violent pornography consumption.
121. These proposals are now included in the draft resolution and
drat recommendation attached to this report, which I trust the Committee
on Equality and Non-Discrimination will support, and the Parliamentary Assembly
will then adopt. This is an opportunity for the Assembly to take
a strong stance against a dangerous phenomenon, which undermines
the safety of women and girls globally and the well-being of people
at large.
