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A young couple stands at an exhibition of erotic art in Kyiv June 23. The exhibition was organised by Ukrainian artists protesting against amendments to legislation making possession of pornography a criminal offence. Oleksiy Boyko Over the protests of free-speech proponents, human-right activists and many other segments of the population, President Victor Yushchenko has signed a controversial law that bans pornography despite failing to define it.

The law calls for strict punishment of people for possessing, selling and disseminating pornography, as defined by police and courts.

The law was adopted by parliament on June 11 and mustered 343 votes in favor out of a possible 450. It gained support from most political camps, enough to override a presidential veto.

Experts and activists have long called for tighter regulation of pornographic materials in Ukraine, a country seen as a big source of child pornography, due to weak punishment and weak protection of children’s rights.

But critics urged Yushchenko to return the vague and overly broad law back to legislators for amendments, insisting that parliament’s version failed to clearly define pornographic materials or do anything to protect exploited children.

Many people fear the vague definition of pornography in the law will spur abuse, allowing law enforcement to punish and possibly blackmail consenting adults for possession of nude images. Artists and galleries that specialize in nude art also objected.

“Anyone of us can now be punished for possessing very simple images, if somebody defines them as pornography,” said Lyusya Komarnytska, art exhibition manager. Komarnytska was one of 214 people who appealed to Yushchenko to veto the law last week.

According to the new law, those found guilty of possessing, selling or disseminating pornography could face fines from Hr 850 - Hr 1,700, or up to 3 years in prison. Earlier legislation included similar punishment, but only for those selling pornography.

Justice Minister Mykola Onishchuk drafted and continues to defend the law, insisting only those who sell pornography will be punished. But legal experts said the law can be easily interpreted in a way to punish those who also posses and disseminate porn.

Many were shocked to hear that Yushchenko signed the law.

“The president demonstrated he doesn’t understand the principles of democracy,” said Evhen Karas, owner of an art gallery in Kyiv. In his view, the law bans ideas and expressions of art. “A person needs to know the truth and build personal morality on the basis of truth, not illusions developed by a state ban,” he added. Karas decided to protest the law on June 23 by launching a two-week erotic exhibition in his gallery on Andriyivsky Uzviz.

Polls show that most Ukrainians support tighter regulation on pornography, foremost child pornorgraphy.

Komarnytska theorized that Yushchenko may have feared a backlash from voters ahead of the 2010 presidential election campaign. Many voters may have failed to understand the new legislation’s shortcomings and interpreted a presidential veto as being supportive of democracy.

Many Ukrainians now worry that they may have to throw away films, images and works of art that could conceivably be classified as pornography, Komarnytska said. Many fear law enforcement officials could fabricate cases against ordinary citizens and demand bribes in return for dropping their “anti-pornography cases.”
Hennadiy Moskal, a lawmaker and former top law enforcement official, tried to calm such fears. He admitted that the law is far from perfect, but insists law enforcement won’t abuse its enforcement. He said law enforcement has in recent years prosecuted only about 70 pornography cases annually. “I am sure that number of cases won’t increase,” Moskal said, adding that the law could be improved with amendments.