Prohibition of LGBT propaganda in Russia: what was restricted and when

On December 5, 2022, President Vladimir Putin signed a law banning LGBT propaganda on the Internet, media, books, audiovisual services, cinema and advertising. How restrictions work and what falls under them is in the Kommersant information.

The first bans on LGBT propaganda in the Russian Federation

Initially, such bans were adopted by each subject of the Russian Federation separately. The first federal law restricting LGBT propaganda was adopted in 2013. Before this, a number of regions managed to introduce their own regulations prohibiting:

— propaganda of homosexuality, bisexuality and transgenderism among minors (Bashkortostan, St. Petersburg, Kaliningrad, Kostroma, Samara and Vladimir regions);

— propaganda of homosexuality and bisexuality among minors (Magadan region);

— propaganda of homosexuality among minors (Krasnodar Territory, Novosibirsk, Ryazan, Astrakhan and Vladimir regions).

The first federal ban

On March 28, 2012, the Legislative Assembly of the Novosibirsk Region submitted to the State Duma bill on amendments to article 6.21 Code of Administrative Offenses of the Russian Federation. The document established punishment for “propaganda of homosexuality among minors.” The authors of the initiative were deputies of the Legislative Assembly of the Novosibirsk region Sergei Dorofeev and Alexey Kondrashkin. The Legal Department of the State Duma drew attention to the lack of a legal definition of the term “homosexuality” in Russian legislation and issued a negative opinion on the document. However, the Lower House Committee on Family, Women and Children, headed by Ekaterina Mizulina, recommended passing the bill in the first reading.

On January 25, 2013, the document was adopted by the State Duma in the first reading. In addition, the deputies canceled the requirement to clarify or replace the term “homosexuality” and to specify the concept of “propaganda” for re-examination. On June 11 of the same year, the bill was adopted immediately in the second and third readings, signed by the President of the Russian Federation on June 29 and came into force on July 2. The final version of the document forbade “propaganda of non-traditional sexual relations among minors.” Deputy Ekaterina Mizulina clarifiedthat demonstrations of the everyday life of a gay person or mentions in the media are not considered propaganda, since such actions are not aimed at forming any attitudes in children.

Penalties for violating the new law were:

— from 4 thousand to 5 thousand rubles. for individuals;

— from 40 thousand to 50 thousand rubles. for officials;

— from 800 thousand to 1 million rubles. or administrative suspension of activities for up to 90 days for legal entities.

Separate fines were established for promoting non-traditional sexual relations among minors using the media or the Internet:

— from 50 thousand to 100 thousand rubles. for individuals;

— from 100 thousand to 200 thousand rubles. for officials;

— 1 million rubles. or administrative suspension of activities for up to 90 days for legal entities.

In addition, additional liability was established for foreigners and stateless persons. They faced not only a fine, but also deportation from the Russian Federation or arrest for up to 15 days with deportation.

Law on a complete ban on LGBT propaganda

In June 2020, the Council of Legislators of Russia received a proposal to introduce new amendments to the Administrative Code. The purpose of the changes was to prohibit the promotion of non-traditional values ​​among the entire population, and not just minors. On October 20, 2022, a group of State Duma deputies prepared bill “On the ban on LGBT propaganda.” On October 27 of the same year, it was adopted in the first reading, and on November 24 – in the third. On December 5, 2022, the document was signed by President Vladimir Putin. From it was removed amendment to ban LGBT propaganda and violence in video games.

Changes to the Code of Administrative Offenses established a ban on LGBT propaganda, pedophilia and gender reassignment in advertising, books, cinema and the media. Fines were established for violations:

— from 50 thousand to 400 thousand rubles. for individuals;

— from 100 thousand to 800 thousand rubles. for officials;

— up to 5 million for legal entities.

Sites distributing such information are included in the register of prohibited sites and are blocked.

What is LGBT propaganda?

On April 17, 2023 Roskomnadzor released order about the criteria for LGBT propaganda, pedophilia and gender reassignment on the Internet. It came into force on September 1 of this year. The document establishes that in order to be included in the register of prohibited sites, the resource must contain information that meets at least one of the criteria:

— aimed at convincing people about the permissibility and attractiveness of sexual relations with minors;

— convinces of the attractiveness of non-traditional sexual relationships, preferences and attitudes, including information aimed at creating a positive image of persons in non-traditional sexual relationships;

— creates a distorted idea of ​​the social equivalence of traditional and non-traditional sexual relationships, preferences and attitudes;

— justifies the rejection of traditional sexual relationships, preferences and attitudes in favor of non-traditional ones;

– arouses interest in non-traditional sexual relationships and contributes to changing negative attitudes to positive ones, including through the systematic distribution of materials with non-episodic images or descriptions of non-traditional sexual relationships;

— justifies the advantage of non-traditional sexual relationships over traditional ones;

– is aimed at developing a positive attitude towards a person’s gender change, including containing a rationale or justification for the permissibility, as well as the benefits of gender change.

The order specifies that these requirements will not apply to works of fiction that depict or describe justifiable relationships between minors, or between minors and adults. However, such materials should not contain images of children performing sexual acts, information aimed at attracting minors to participate in entertainment events of a pornographic nature, or information about the production, sale and purchase of child pornography.

Ban on the LGBT movement in Russia

On November 30, 2023, the Supreme Court of the Russian Federation recognized the “international public movement of LGBT people” as extremist. The case was initiated by a lawsuit from the Department of Justice. The meeting was held behind closed doors. The defendant was not present at the hearing, since the organization does not have a representative office in the Russian Federation. The case was marked “secret”, and the court decision came into force immediately.