The Verkhovna Rada of Ukraine has taken an important step towards reforming criminal legislation relating to sexually explicit content. This concerns Bill No. 9623 «On amendments to the Criminal Code of Ukraine to ensure the effective criminal prosecution of offences relating to the production and distribution of child pornography, and the decriminalisation of the production and distribution of sexually explicit content without the consent of the individual».
This document was adopted at first reading, sparking lively debate among the public and in expert circles.
The crux of the changes: decriminalisation versus safety
The main aim of the initiative is to modernise legislation, which has long been based on Soviet approaches to morality, and to focus the efforts of law enforcement agencies on genuinely dangerous crimes.
1. Decriminalisation of consensual content
Currently Article 301 of the Criminal Code of Ukraine provides for liability for the creation and distribution of works of a pornographic nature. Bill No. 9623 offers to exempt the production and distribution of content from criminal liability, provided that all participants have given their voluntary consent.
The authors of the initiative, including a Member of Parliament Maria Mezentseva (which has been actively covering this process) emphasise that the state should not waste resources on prosecuting adults who voluntarily create content that does not harm others. This is a step towards protecting personal freedom and clarifying the legal framework, particularly for creators on platforms such as OnlyFans.
2. Tougher penalties for child pornography
A key part of the bill is a significant increase in penalties for offences involving the exploitation of children. The draft bill provides for:
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An increase in prison sentences for the production, possession and distribution of child pornography.
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Closing the legislative loopholes that allowed criminals to avoid severe punishment.
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Law enforcement agencies should focus their attention on actual crimes: sexual abuse of children and the exploitation of minors.
Why is this important for Ukraine?
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Distinguishing between concepts: Previous legislation often treated voluntary activities by adults in the same way as acts of violence. The draft bill clearly distinguishes between these concepts.
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Resource efficiency: Instead of hundreds of cases against adults (which often resulted in fines or suspended sentences), the police will be able to focus their resources on tackling genuine child exploitation networks.
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European integration: Improving anti-corruption and criminal legislation in line with European standards is a key component of Ukraine’s international obligations.
Bottom line.
Bill No. 9623 is an attempt to strike a balance between the personal freedom of adult citizens and the need to rigorously protect children. If finally adopted, Ukraine will have a modern legal framework in which the focus shifts from controlling the “morality” of adults to effectively combating violence and crimes against children.
Note: At the time of writing, the draft bill had passed its first reading. For the bill to come into force, it must be passed at its second reading and signed by the President of Ukraine.
