PRYANISHNIKOV vs. RUSSIA DISSEMINATION OF PORNOGRAPHY AS AN EXERCISE OF THE RIGHT TO FREEDOM OF EXPRESSION

Abstract

Reflection on pornography in the context of the exercise of fundamental rights can be carried out from different perspectives. Either from the analysis of sexual rights and the importance of consent in the exercise of these rights. Either from the approach of the right to free development of the personality of consumers or of those who produce pornography. Or from the examination of the exercise of the right to freedom of expression, provided that pornography is considered as a message that is disseminated through a certain channel. This paper aims to address the last of the above-mentioned perspectives. For this purpose, the deductive method is used, using as the main source of argumentation the commentary of the  PRYANISHNIKOV v. RUSSIA judgment by the European Court on Human Rights (ECHR) of September the 10th , 2019. Thus, it is analyzed whether the creation and dissemination of pornography can be considered an exercise of the right to freedom of expression in a broad sense, which would also include the freedom of artistic creation. If the answer is affirmative, the limits that can be accepted with respect to the exercise of this right will be analyzed. This approach will lead us to consider the definition of the acceptable scope of protection of public morale or the rights of third parties, when it comes to people in a particularly vulnerable situation such as minors.