Šajā tīmekļa vietnē tiek izmantotas sīkdatnes. Turpinot lietot šo vietni, jūs piekrītat sīkdatņu izmantošanai. Uzzināt vairāk.
Teksta versija
LEGAL ACTS OF THE REPUBLIC OF LATVIA
home
 
The translation of this document is outdated.
Translation validity: 01.06.2007.–02.08.2011.
Amendments not included: 08.07.2011., 12.12.2013., 28.11.2019.

Disclaimer: The English language text below is provided by the State Language Centre for information only; it confers no rights and imposes no obligations separate from those conferred or imposed by the legislation formally adopted and published. Only the latter is authentic. The original Latvian text uses masculine pronouns in the singular. The State Language Centre uses the principle of gender neutral language in its English translations. In addition, gender specific Latvian nouns have been translated as gender neutral terms, e.g. chairperson.

The Saeima1 has adopted
and the President has proclaimed the following Law:

Law on Pornography Restrictions

Section 1. Terms used in this Law

The following terms are used in this Law:

1) material of a pornographic nature - composition, printed matter, image, computer programme, film, video or sound recording, television programme, or radio programme, other material in any form or type, that does not have publicly educational or informative, scientific or artistic value and in which directly, specifically and openly naturalistically:

a) genitals are completely or partially depicted, sexual acts of gratification by masturbation are depicted or described, as well as sexual acts or sexual acts of gratification in an unnatural way are described, including imitation of the specified activities,

b) sexual acts or sexual acts of gratification in an unnatural way are depicted, as well as imitation of the specified activities; or,

c) sexual acts of gratification in a violent manner, brutality in sexual activities (sadistic and masochistic activities), sexual acts of gratification with animals or necrophilia are depicted or described;

2) child pornography - material of a pornographic nature, in which a child is depicted or described, or any other material in which:

a) a child who is involved in sexual activities, a child completely or partially without clothing in a sexual pose or in clothing of an obscene nature is depicted or described, children's genitals or pubic region are depicted in a stimulating way,

b) a person having the appearance of a child who is involved in the activities specified in Sub-clause "a" of this Clause is depicted or described or presented in a manner specified in Sub-clause "a",

c) there are realistic images with an actually non-existent child who is involved in the activities specified in Sub-clause "a" of this Clause or presented in a manner specified in Sub-clause "a";

3) circulation of material of pornographic nature - material of a pornographic nature or child pornography:

a) purchasing (acquiring into ownership, possession or use),

b) manufacture (creation, production, reproduction in any way with any technical resources),

c) importation (physical movement in any way across the borders of Latvia from foreign countries),

d) distribution (trade, the putting into service for a fee or without a fee, demonstration in a public place or ensuring of access in a different manner),

e) dissemination in an electronic environment (the trade of material of a pornographic nature prepared in an electronic way, the transmission of the material itself or information prepared thereof, including downloading, communicating to the public, also uploading, utilising electronic communication networks or automated data processing systems or making material accessible in a different manner in any information circulation phase),

f) advertising (any form or any type of communication or event with an aim to promote the popularity of material of a pornographic nature or demand thereof, associated with economic activities performed with the purpose of acquiring profit),

g) propagation, distributing information regarding these materials (forwarding, transmission or offer of information independent of the type of device for the transmission of information or the ensuring of accessibility to information in any other way); or,

h) storage;

4) public place - within the meaning of this Law: any location that, independent of the actual utilisation or type of ownership thereof, serves the common requirements of the community and ensuring of interests thereof and that is accessible for a fee or without a fee to any natural person who is not the owner, possessor or holder of the relevant location, salaried employee or other person whose presence in the relevant location is associated with the fulfilment of work duties.

Section 2. Purpose of this Law

The purpose of this Law is, respecting the right of a person to a private life, to protect persons from unwanted contact with materials of a pornographic nature and not to allow the involvement of children in the circulation of material of a pornographic nature.

Section 3. Application of this Law

This Law, in addition to other regulatory enactments, shall determine the requirements for the circulation of material of a pornographic nature and for activities of certain entertainment sites and event organisation.

Section 4. General Restrictions

(1) Child pornography shall be prohibited in the circulation of material of a pornographic nature, as well as the circulation of material of such pornographic nature, in which sexual activities of people with animals, necrophilia or the sexual acts of gratification in a violent way are described or depicted.

(2) It shall be prohibited to involve a child in the circulation of material of a pornographic nature, including the ensuring of access to material of a pornographic nature or child pornography to a child, as well as to allow the specified material to be accessible to a child.

(3) The circulation of material of a pornographic nature acquired against the will of a person shall be prohibited.

Section 5. Restrictions on Production

The production of films of a pornographic nature as an economic activity performed for the purpose of acquiring profit shall be allowed to a film producer registered according to the procedures of regulatory enactments.

Section 6. Restrictions on Distribution

(1) The trade of material of a pornographic nature, the demonstration in a public location thereof or the putting into service for a fee shall be allowed in places that have been agreed upon with the local government. Access to such places shall be prohibited to a child. The Council (Board) of the local government shall determine the procedures for harmonising the relevant location and the documents to be submitted for harmonisation.

(2) In order to ensure public order, the protection of the rights of other persons and to maintain public morals, the local government, when deciding on the harmonisation of a location for performing the activities specified in Paragraph one of this Section, may refuse harmonisation or lay down conditions for the performance of these activities at the relevant locations.

(3) The regulations in Paragraph one of this Section shall not apply to the dissemination of material of a pornographic nature in an electronic environment, as well as to the trading of material of a pornographic nature specified in Section 1, Clause 1, Sub-clause "a" of this Law or the putting into service thereof for a fee in a bookshop or such outlet that is intended and equipped for the dissemination of media publications.

(4) In trading, putting into service for a fee or otherwise ensuring accessibility to material of a pornographic nature as specified in Section 1, Clause 1, Sub-clause "a" of this Law in a bookshop or such outlet that is intended and equipped for the dissemination of media publications:

1) visual information regarding the dissemination of material of a pornographic nature and the relevant material of a pornographic nature shall be placed at a height of at least 165 centimetres above the floor of the relevant premises;

2) the material to be disseminated shall be packaged in such a way that it may not be freely seen through;

3) the material to be disseminated on which material of a pornographic nature is depicted on the outer surface shall be placed in non-transparent packaging.

(5) Distributors of films of a pornographic nature, places of dissemination thereof and the relevant film shall be registered for a specified fee according to the procedures of regulatory enactments.

Section 7. Restrictions on Dissemination in an Electronic Environment

(1) It shall be prohibited to disseminate material of a pornographic nature or information regarding accessibility to such material in an electronic environment to an indeterminate circle of recipients or in cases when the consent of the addressee has not been received.

(2) In disseminating materials of a pornographic nature or information regarding accessibility to such material, the distributor thereof, observing the regulations in Paragraph three of this Section, shall ensure the option of declining dispatches thereinafter and the notifying of the recipient that the relevant material is of a pornographic nature.

(3) In cases when information society services are provided, the duties of an intermediary service provider and liability regarding obligations for the dissemination of material of a pornographic nature shall be determined by the Law on Information Society Services.

Section 8. Restrictions on Advertising

The advertising of material of a pornographic nature is prohibited. This restriction shall not apply to the locations specified in Section 6, Paragraph one of this Law, as well as advertising in an electronic environment. The regulations in Sections 4 and 7 of this Law shall apply to advertising in an electronic environment, as well as the requirements of other regulatory enactments shall be observed.

Section 9. Special Application

(1) The prohibitions or restrictions specified in regulatory enactments shall not apply to the circulation of material of a pornographic nature, if they are utilised for the following purposes:

1) the process of education, for scientific, research or medical purposes;

2) in specialised sectors of literature, as well as in libraries of the relevant sector (in specialised libraries);

3) law enforcement institutions and courts - for the performance of duties thereof, prescribed by regulatory enactments;

4) in so far as is necessary for a State or local government institution, - for the performance of duties prescribed by regulatory enactments.

(2) The prohibitions or restrictions prescribed by regulatory enactments for the circulation of child pornography shall not apply only in the cases specified in Paragraph one, Clauses 1, 3 and 4 of this Section.

Section 10. Expert Commission

(1) If doubts exist to the effect that any material (film, publication, image, software programme, etc.) is to be considered as material of a pornographic nature or child pornography, as well as regarding the compliance of the circulation of such material with the requirements of regulatory enactments, the Expert Commission shall perform an expert examination and provide a relevant opinion.

(2) The formation and operational procedures of the Expert Commission, as well as persons and institutions that are entitled to request the opinion of the Expert Commission, shall be determined by the Cabinet.

Section 11. Restrictions on the Activities of Certain Entertainment Sites and Event Organisation

(1) In order to ensure public order, the protection of the rights of other persons and to maintain public morals, the Cabinet shall determine restrictions that shall be observed with the deliberate demonstration of covered or uncovered genitals in the activities of associated entertainment sites and event organisation, as well as the harmonisation procedures for the relevant location and the documents to be submitted for harmonisation.

(2) Entertainment sites and locations that run events at which the deliberate demonstration of covered or uncovered genitals takes place, shall be harmonised with the local government. If it is necessary for the ensuring of public order, the protection of the rights of other persons or public morals, as well as in cases prescribed by other external regulatory enactments, the local government may refuse harmonisation of the relevant entertainment site or location that runs events or lay down conditions for the activities of the specified locations.

Transitional Provisions

1. Until 1 November 2007, the performance of such activities specified in Section 6, Paragraph one of this Law as economic activities with the purpose of acquiring profit, that have commenced up to 1 June 2007, as well as the activities of such entertainment sites, specified in Section 11, Paragraph one of this Law, as economic activities with the purpose of acquiring profit, that have commenced up to 1 June 2007, shall be allowed. In order to continue the referred to activities after 1 November, 2007 they shall be harmonised according to the regulations of this Law.

2. The Cabinet shall:

1) until 1 June 2007, issue the regulations specified in Section 10, Paragraph two of this Law, as well as establish the Expert Commission specified in Section 10 of this Law.

2) until 1 October 2007, issue the regulations specified in Section 11, Paragraph one of this Law.

This Law shall come into force on 1 June 2007.

The Saeima has adopted this Law on 3 May 2007.

President V. Vīķe-Freiberga

Rīga, 24 May 2007

 


1 The Parliament of the Republic of Latvia

Translation © 2010 Valsts valodas centrs (State Language Centre)

 
Document information
Title: Pornogrāfijas ierobežošanas likums Status:
In force
in force
Issuer: Saeima Type: law Adoption: 03.05.2007.Entry into force: 01.06.2007.Theme: Media, advertising; Administratīvās atbildības ceļvedisPublication: Latvijas Vēstnesis, 83, 24.05.2007.; Latvijas Republikas Saeimas un Ministru Kabineta Ziņotājs, 12, 28.06.2007.
Language:
LVEN
Related documents
  • Amendments
  • Legal basis of
  • General Findings of the Supreme Court
  • Annotation / draft legal act
  • Other related documents
157638
{"selected":{"value":"01.07.2020","content":"<font class='s-1'>01.07.2020.-...<\/font> <font class='s-3'>Sp\u0113k\u0101 eso\u0161\u0101<\/font>"},"data":[{"value":"01.07.2020","iso_value":"2020\/07\/01","content":"<font class='s-1'>01.07.2020.-...<\/font> <font class='s-3'>Sp\u0113k\u0101 eso\u0161\u0101<\/font>"},{"value":"24.12.2019","iso_value":"2019\/12\/24","content":"<font class='s-1'>24.12.2019.-30.06.2020.<\/font> <font class='s-2'>V\u0113sturisk\u0101<\/font>"},{"value":"29.12.2013","iso_value":"2013\/12\/29","content":"<font class='s-1'>29.12.2013.-23.12.2019.<\/font> <font class='s-2'>V\u0113sturisk\u0101<\/font>"},{"value":"03.08.2011","iso_value":"2011\/08\/03","content":"<font class='s-1'>03.08.2011.-28.12.2013.<\/font> <font class='s-2'>V\u0113sturisk\u0101<\/font>"},{"value":"01.06.2007","iso_value":"2007\/06\/01","content":"<font class='s-1'>01.06.2007.-02.08.2011.<\/font> <font class='s-2'>Pamata<\/font>"}]}
01.07.2020
84
0
  • Twitter
  • Facebook
  • Draugiem.lv
 
0
Latvijas Vestnesis, the official publisher
ensures legislative acts systematization
function on this site.
All Likumi.lv content is intended for information purposes.
About Likumi.lv
News archive
Useful links
For feedback
Contacts
Mobile version
Terms of service
Privacy policy
Cookies
Latvijas Vēstnesis "Everyone has the right to know about his or her rights."
Article 90 of the Constitution of the Republic of Latvia
© Official publisher "Latvijas Vēstnesis"
ISO 9001:2015 (quality management system)
ISO 27001:2013 (information security)