Fight against pornographic violence

2023-02-28 23:00:00




Considering article 34-1 of the Constitution,



Having regard to Chapter XVI of the Rules of the Senate,



Having regard to the European Parliament resolution of 17 December 1993 on pornography,



Having regard to Directive 2011/36/EU of the European Parliament and of the Council of 5 April 2011 on preventing and combating trafficking in human beings and on the protection of victims and replacing Framework Decision 2002/629/JHA advice,



Having regard to Articles 225-4-1, 225-5, 227-23 and 227-24 of the Penal Code,



Having regard to Articles L. 312-16 to L. 312-17-2 of the Education Code relating to health and sexuality education,



By the letter of the law 2016-444 of April 13, 2016 aimed at strengthening the fight once morest the system of prostitution and supporting prostitutes,



By the letter of the law 2020-936 of July 30, 2020 aimed at protecting victims of domestic violence,



By the letter of the law 2022-300 of March 2, 2022 aimed at strengthening parental control over the means of access to the Internet,



Seen the information report 900 (2021-2022) “Porn: l’enfer du décor”, by Mrs Annick BILLON, Alexandra BORCHIO FONTIMP, Laurence COHEN and Laurence ROSSIGNOL, made on behalf of the delegation for women’s rights in the Senate, filed on September 27, 2022,



Considering that the pornography industry underwent a change in the mid-2000s with the appearance of platforms for the massive online distribution of mostly free and open-access content;



Considering that porn videos now account for more than a quarter of all online video traffic globally;



Considering that the exploitation and commodification of women’s bodies and sexuality have become an industry on an international scale which generates several billion euros in profits each year;



Considering that the consumption of pornographic content is trivialized;



Considering that pornographic content is now accessible to everyone, without any control of the evidence of the majority of Internet users, in violation of the penal code;



Considering that two thirds of children under fifteen and one third of children under twelve have already had access to such content;



Considering the toxicity for consumers, both minors and adults, of increasingly violent pornographic content;



Considering that these contents convey sexist, racist, homophobic representations, constituting criminal offences;



Considering the systemic dimension of sexual, physical and verbal violence once morest women in the world of pornography;



Considering that broadcasters, platforms such as social networks, knowingly ignore their responsibilities;



Considering that the many illegal contents published are never completely deleted, even following they have been reported;



Considering that pornography is a place of learning regarding sexuality by default, which engenders a distorted and violent view of sexuality, traumas, early sexualization and the development of risky behavior;



Considering that violence committed in a context of pornography has recently been the subject of judicial treatment in France, within the framework of criminal investigations;



Calls for a collective awareness of the reality of the practices of the pornographic industry and their consequences;



Wishes to make the fight once morest the violence that this industry generates and conveys a public and criminal policy priority;



To this end, invites the Government to implement an interministerial plan to combat such violence;



Calls for the awareness of the courts and, in the first place, the prosecution services of the criminal treatment of violence committed in a context of pornography;



Brings its support to all the victims of this violence and to the associations and councils that accompany them;



Considers it necessary to better inform, welcome and protect the victims of violence committed in a context of pornography, in particular by training the police and the national number 3919 workers to listen to them in order to encourage the emergence of complaints;



Calls for a reinforcement of the penal arsenal, the staff and the material means available to the investigating services and the magistrates in order to fight once morest pornographic violence and to prevent the dissemination of illegal violent content;



Recommends creating a “sexual violence” category on the Platform for harmonization, analysis, cross-checking and orientation of reports (Pharos) in order to facilitate and better count reports;



Invites the Government to explore all fiscal measures allowing the activity of the pornographic industry to be taxed and the billions of euros in profits it generates each year;



Calls to protect young people by blocking any site or network offering pornographic content without requiring proof of majority of users and by imposing the display of a black screen as long as this control has not been carried out;



Invites the Audiovisual and Digital Communication Regulatory Agency (Arcom) to publish guidelines defining demanding criteria for evaluating technical procedures for verifying the age of users, in order to encourage the development of such devices;



Recommends giving Arcom administrative police powers enabling it to issue dissuasive fines once morest sites disseminating pornographic content without checking the age of users;



Pleads for a generalization of parental control and secure browsing devices, which might be activated by default when a telephone subscription is taken out for the use of a minor;



Encourages the organization of communication campaigns intended to raise awareness among parents and education and childcare professionals of the dangers of digital technology and to inform them of the resources and tools available;



Alert on the need to apply the three annual education sessions on emotional and sexual life provided for by law since 2001, in primary and secondary education;



Considers it necessary to address during these sessions the subjects relating to the commodification of bodies and pornography;



Considers it essential to recruit health professionals, trained in health education and project management, in schools;



Finally invites the Government to take up the recommendations of the aforementioned Senate report on the pornography industry, in their inter-ministerial dimension, and to do everything possible to put an end to the systemic violence induced by the practices of this industry.


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