For the Purpose of Protecting Children from Information Advocating a Denial of Traditional Family Values, commonly known as the Russian anti-LGBT law or as the Russian anti-gay law, is a law of Russia. It was unanimously passed by the State Duma on 11 June 2013 (with only one member abstaining—Ilya Ponomarev), unanimously passed by the Federation Council on 27 June 2013, and signed into law by President Vladimir Putin on 30 June 2013.
The stated purpose of the Russian government for the law is to prevent the presentation of the LGBT community as a normal part of Russian society under the argument that LGBT rights in Russia contradict traditional Russian values. The statute amended the Russian law On Protecting Children from Information Harmful to Their Health and Development and the Code of the Russian Federation on Administrative Offenses, to prohibit the distribution of "propaganda of non-traditional sexual relationships" among minors. This definition includes materials that "raise interest in" such relationships, cause minors to "form non-traditional sexual predispositions", or "[present] distorted ideas about the equal social value of traditional and non-traditional sexual relationships." Businesses and organizations can also be forced to temporarily cease operations if convicted under the law, and foreign nationals may be arrested and detained for up to 15 days then deported, or fined up to 5,000 rubles and deported.
The support of the Russian government for the law appealed to social conservatives, religious conservatives, and Russian nationalists. The law was condemned by the Venice Commission of the Council of Europe (of which Russia was a member of at the time of the enactment of the law), by the United Nations Committee on the Rights of the Child and by human rights organizations, such as Amnesty International and Human Rights Watch. The statute was criticized for its broad and ambiguous wording (including the aforementioned "raises interest in" and "among minors"), which many critics characterized as being an effective ban on publicly promoting LGBT culture and LGBT rights. The law was also criticized for leading to an increase and justification of homophobic violence, while the implications of the laws in relation to the then-upcoming Winter Olympics being hosted by Sochi were also cause for concern, as the Olympic Charter contains language explicitly barring various forms of discrimination.
In December 2022, an amendment to the law was signed into law by Putin, prohibiting the distribution of "propaganda of non-traditional relationships" among any age group. It also prohibits the distribution of materials that promote gender dysphoria among minors.
Background.
Despite the fact that the cities of Moscow and Saint Petersburg have been well known for their thriving LGBT communities, there has been growing opposition towards gay rights among politicians since 2006. The city of Moscow has actively refused to authorize gay pride parades, and former Moscow mayor Yuri Luzhkov supported the city's refusal to authorize the first two Moscow Pride events, describing them as "satanic" and blaming western groups for spreading "this kind of enlightenment" in the country. Social democratic Fair Russia member of parliament Alexander Chuev was also opposed to gay rights and attempted to introduce a similar "propaganda" law in 2007. In response, prominent LGBT rights activist and Moscow Pride founder Nikolay Alexeyev disclosed on the television talk show "К барьеру!" ("K bar'yeru!") that Chuev had been publicly involved in same-sex relationships prior to his time in office.
In 2010, Russia was fined by the European Court of Human Rights under allegations by Alexeyev that cities were discriminating against gays by refusing to approve pride parades. Although claiming a risk of violence, the court interpreted the decisions as being in support of groups which oppose such demonstrations. In March 2012, a Russian judge blocked the establishment of a Pride House in Sochi for the 2014 Winter Olympics, ruling that it would "undermine the security of Russian society", and that it contradicted with public morality and policies "in the area of family motherhood and childhood protection." In August 2012, Moscow upheld a ruling blocking Nikolay Alexeyev's requests for 100 years' worth of permission to hold Moscow Pride annually, citing the possibility of public disorder.
The bill "On Protecting Children from Information Harmful to Their Health and Development" introduced laws which prohibited the distribution of "harmful" material among minors. This includes content which "may elicit fear, horror, or panic in children" among minors, pornography, along with materials which glorify violence, unlawful activities, substance abuse, or self-harm. An amendment to the law passed in 2012 instituted a mandatory content rating system for material distributed through an "information and telecommunication network" (covering television and the internet), and established a blacklist for censoring websites which contain child pornography or content glorifying drug abuse and suicide.
The 2013 amendment, which added "propaganda of non-traditional sexual relationships" as a class of harmful content under the law was, according to the Government of Russia, intended to protect children from being exposed to content that portrays homosexuality as being a "behavioural norm". Emphasis was placed upon a goal to protect "traditional" family values; bill author Yelena Mizulina (the chair of the Duma's Committee on Family, Women, and Children, who has been described by some as a "moral crusader"), argued that "traditional" relations between a man and a woman required special protection under Russian law. The amendment also expanded upon similar laws enacted by several Russian regions, including Ryazan, Arkhangelsk (who repealed its law shortly after the passing of the federal version), and Saint Petersburg.
Mark Gevisser writes that the Kremlin's backing of the law was reflective of a "dramatic tilt toward homophobia" in Russia that began in the years preceding the law's passage. Gevisser writes that the law's passage allowed the Russian government to find "common ground" with the nationalist far right, and also appeal to the many Russians who view "homosexuality as a sign of encroaching decadence in a globalized era." He writes: "Many Russians feel they can steady themselves against this cultural tsunami by laying claim to 'traditional values,' of which rejection of homosexuality is the easiest shorthand. This message plays particularly well for a government wishing to mobilize against demographic decline (childless homosexuals are evil) and cozy up to the Russian Orthodox Church (homosexuals with children are evil)." Human Rights Watch noted that Putin's enactment of the law allowed him to pander to socially conservative voters at home and "position Russia as a champion of so-called 'traditional values'" on the global stage.
Contents.
Article 1 of the bill amended On Protecting Children from Information Harmful to Their Health and Development with a provision classifying "propaganda of non-traditional sexual relationships" as a class of materials that must not be distributed among minors. The term is defined as materials that are "[aimed] at causing minors to form non-traditional sexual predispositions, notions of attractiveness of non-traditional sexual relationships, distorted ideas about the equal social value of traditional and non-traditional sexual relationships, or imposing information about non-traditional sexual relationships which raises interest in such relationships insofar as these acts do not amount to a criminal offence."
Article 2 makes similar amendments to "On basic guarantees for the rights of the child in the Russian Federation", commanding the government to protect children from such material.
Article 3 of the bill amended the Code of the Russian Federation on Administrative Offenses with Article 6.21, which prescribes penalties for violations of the propaganda ban: Russian citizens found guilty can receive fines of up to 5,000 rubles, and public officials can receive fines of up to 50,000 rubles. Organizations or businesses can be fined up to 1 million rubles and be forced to cease operations for up to 90 days. Foreigners may be arrested and detained for up to 15 days then deported, or fined up to 5,000 rubles and deported. The fines for individuals are much higher if the offense was committed using mass media or internet.
Reaction.
According to a survey conducted in June 2013 by the state-owned All-Russian Center for the Study of Public Opinion (also known as VTsIOM), at least 90 percent of Russians surveyed were in favour of the law. Over 100 conservative groups worldwide signed a petition in support for the law, with Larry Jacobs, manager of the World Congress of Families, supporting its aim to "prohibit advocacy aimed at involving minors in a lifestyle that would imperil their physical and moral health." President of Russia Vladimir Putin answered to early objections to the then-proposed bill in April 2013 by stating that "I want everyone to understand that in Russia there are no infringements on sexual minorities' rights. They're people, just like everyone else, and they enjoy full rights and freedoms". He went on to say that he fully intended to sign the bill because the Russian people demanded it. As he put it, "Can you imagine an organization promoting pedophilia in Russia? I think people in many Russian regions would have started to take up arms... The same is true for sexual minorities: I can hardly imagine same-sex marriages being allowed in Chechnya. Can you imagine it? It would have resulted in human casualties." Putin also mentioned that he was concerned about Russia's low birth rate, as same-sex relationships do not produce children. In August 2013, Russian Sports Minister Vitaly Mutko also defended the law, equating it to protecting children from content that glorifies alcohol abuse or drug addiction. He also argued that the controversy over the law and its effects was "invented" by the Western media.
Criticism.
The passing of the law was met with major international backlash, especially from the Western world, as critics considered it an attempt to effectively ban the promotion of LGBT rights and culture in the country. Article 19 disputed the claimed intent of the law, and felt that many of the terms used within were too ambiguous, such as the aforementioned "non-traditional sexual relationships", and "raises interest in". The organization argued that it "feasibly could apply to any information regarding sexual orientation or gender identity that does not fit with what the State considers as in-line with 'tradition'." The term "among minors" was also criticized as being ambiguous, since it is unclear whether it refers to being in the presence of minors, or any place where minors could be present. They argued that "predicting the presence of children in any space, on-line or off-line, is quite impossible and is a variable that the proponent of any expression will rarely be in absolute control of."
The law was condemned by human rights groups such as Amnesty International and Human Rights Watch. UN Secretary-General Ban Ki-moon indirectly criticized the law. LGBT rights activists, human rights activists, and other critics stated that the broad and vague wording of the law, which was characterized as a ban on gay propaganda by the media, made it a crime to publicly make statements or distribute materials in support of LGBT rights, hold pride parades or similar demonstrations, state that gay relationships are equal to heterosexual relationships, or according to Human Rights Campaign (HRC) president Chad Griffin, even display LGBT symbols such as the rainbow flag or kiss a same-sex partner in public. The first arrest made under the law involved a person who publicly protested with a sign containing a pro-LGBT message.
The legislation reportedly led to an increase in violence against LGBT people in Russia. Russian LGBT Network chairman Igor Kochetkov argued that the law "[has] essentially legalised violence against LGBT people, because these groups of hooligans justify their actions with these laws," supported by their belief that gays and lesbians are "not valued as a social group" by the federal government. Reports surfaced of activity by groups such as 'Occupy Paedophilia' and 'Parents of Russia', who lured alleged "paedophiles" into "dates" where they were tortured and humiliated. In August 2013, it was reported that a gay teenager was kidnapped, tortured, and killed by a group of Russian Neo-Nazis. Violence also increased during pro-gay demonstrations; on 29 July 2013, a gay pride demonstration at Saint Petersburg's Field of Mars resulted in a violent clash between activists, protesters, and police.
In January 2014, a letter, co-written by chemist Sir Harry Kroto and actor Sir Ian McKellen and co-signed by 27 Nobel laureates from the fields of science and the arts, was sent to Vladimir Putin urging him to repeal the propaganda law as it "inhibits the freedom of local and foreign LGBT communities." In February 2014, the activist group Queer Nation announced a planned