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Pornography in Africa

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Pornography is largely illegal in Africa, with a few exceptions and varying degrees of punishment.

Contents

Botswana

The possession of "indecent and obscene material such as pornographic books, magazines, films, videos, DVDs, Blu-Ray, VHS, and software" is prohibited in Botswana. Possession or import of such material is illegal and punishable by a fine or up to four years imprisonment. [1]

Egypt

In Egypt, it is illegal to distribute pornography. [2] Possession and access of pornography are not criminalised. [3] Unlike numerous African nations which have no laws against child pornography, Egypt blocks child pornography websites and dealing in child pornography carries a minimum sentence of five years and fines of US$29,000. [4] In 2009 Egypt's Administrative Court ruled that internet pornography should be banned, describing it as "venomous and vile". [5] In 2012 the country's Prosecutor General ordered government ministries to block the websites, and the Administrative Court repeated its order for the Cabinet to block pornographic websites in 2015. [6] However, the cost of blocking large numbers of pornographic websites has prevented the full implementation of the court's ruling. [7] Egypt has the highest viewing figures for pornography in the Middle East according to a survey of access to Pornhub. [8]

Eswatini

Under the Sexual Offences and Domestic Violence Act, No. 15 or 2018, the publication, viewership, and sharing of pornography is legal in Eswatini only if it passes a three-element test. Pornography is legal if it does not involve any non-consenting persons (including children or those with a significant disability), can be easily traced to its creator, and does not otherwise depict a sexual offense. [9]

Ethiopia

Distributing or selling pornographic materials is illegal in Ethiopia, and their production in the country is rare. There are no official laws regarding Internet pornography in Ethiopia, making the Internet the only available source of pornography. [10]

Morocco

In 2004, Morocco introduced severe punishments for promoting pornography. [11]

Nigeria

Nigeria has no national laws prohibiting pornography, although the public display of graphic sexual material is illegal in Lagos. The country has a small pornography industry which produces exclusively heterosexual pornography, as homosexual activity in Nigeria is illegal. Some Muslim politicians in the national government have proposed a nationwide block on pornographic websites. [12] There is significant piracy of pornography in Nigeria, with pirated pornographic DVDs being sold from roadside stalls in Lagos. [13] Pornography is also sold in Nigerian sex shops and some pornographic magazines are produced in the country, often reproducing pictures from foreign magazines.[ citation needed ]

The first officially acknowledged hardcore pornographic film produced in Nigeria was Better Lover Valentine Sex Party. It was not submitted to the National Film and Video Censors Board for classification and it was immediately banned on the grounds of obscenity and immorality. [14] Internet pornography is widely viewed in Nigeria. In 2015 the monthly average for the number of searches for pornography was 135,000, and in December 2014 and 2015 the proportion of searches for pornography (relative to other searches) was higher in Nigeria than in the United States. In 2013 Nigeria ranked second globally for Internet searches for gay pornography. [15]

South Africa

Pornography rated X18 is permitted by the law only if sold to persons over the age of 18 in registered stores. It is an offense to host a pornographic web site in South Africa because of the difficulty of age-verification and the requirement that pornography only be distributed from designated, licensed physical premises.[ citation needed ] It is also unlawful to visually represent bestiality (also rated XX), but not in text descriptions.[ citation needed ] Supplying violent pornography is an offence in any form[ citation needed ], but the law allows the production of pornography that is not prohibited.

Distribution of pornography is regulated by the Films and Publications Act of 1996, [16] which is enforced by the Films and Publications Board. [17]

Uganda

Pornographic DVDs have in the past been sold on the streets in Uganda. [18] However, an Anti-Pornography Act (popularly known as the "Anti-Miniskirt Law") was signed into law in 2014 with the stated objectives of defining what constitutes the offence of pornography and establishing a Pornography Control Committee. [19] The committee is responsible for the implementation of the law and for taking measures to detect, prohibit, collect and destroy pornographic materials. [20] The law broadly defines pornography as "any representation of the sexual parts of a person for primarily sexual excitement". [18] The law says that "a person shall not produce, traffic in, publish, broadcast, procure, import, export, sell or abet any form of pornography". Breaches of the law are punishable with up to ten years in jail. [21]

Prior to the passing of the act there were a number of laws concerning aspects of pornography in Uganda, but this was the first law to create a specific offence of pornography. [22] The law repeals and replaces Section 166 of the Penal Code Act, widening the legal interpretation of pornography and prohibiting it comprehensively. [23] The law has been subject to challenge in the Constitutional Court on the basis of its vague wording and the broad powers of the committee. [24]

In July 2018, the Ugandan government directed the country's ISPs to block 27 pornographic websites. [25]

References

  1. Botswana Tourism Board, "Entry Requirements". botswanatourism.co.bw. Retrieved 15 December 2008. Archived 29 January 2009 at the Wayback Machine
  2. "Egyptian MP sends porn to fellow parliamentarians over WhatsApp, blames 'hackers'". International Business Times. 27 June 2016. Retrieved 1 July 2016.
  3. Kellou, Dorothée Myriam (2017-08-18). "Transgressive but popular: Egypt's taste for 'Arab porn'". The Observers. Retrieved 2024-09-15.
  4. Cusack, Carmen M. (2014). Pornography and The Criminal Justice System. CRC Press. p. 248. ISBN   9781482260021.
  5. "Egyptian actress to go on trial for encouraging boys to watch porn". The Independent . 2015-10-15. Retrieved 2025-10-26.
  6. "Egypt's court orders ban on porn websites - Politics - Egypt". Ahram Online . 2015-05-20. Retrieved 2025-10-26.
  7. "Egypt porn ban would cost up to $16.5 million and be 'useless': Experts - Economy - Business". Ahram Online . Retrieved 2025-10-26.
  8. Mouriquand, David (2023-01-05). "New sex study shows which European countries watch the most porn online". Euronews . Retrieved 2025-10-26.
  9. Eswatini's Sexual Offences & Domestic Violence Act: A Summary (PDF). Southern Africa Litigation Centre, COSPE Onlus and Foundation for Socio-Economic Justice. 2019. ISBN   978-0-6398323-1-9 . Retrieved 28 March 2024.
  10. Teferi, Amanuel (August 2007). The Influence of Exposure to Pornography among the Youth in Addis Ababa (PDF) (Thesis). Addis Ababa University. S2CID   201815896. Archived from the original (PDF) on 2020-02-10. Retrieved 2020-04-22.
  11. Tatic, Sanja; Walker, Christopher (2006). Countries at the Crossroads: A Survey of Democratic Governance. Rowman & Littlefield. p. 365. ISBN   9780742558014.
  12. Eweniyi, Odunayo (18 September 2017). "Nigeria's Porn Industry Is Getting Ready To Overtake America's". Konbini. Archived from the original on 18 September 2017. Retrieved 27 May 2021.
  13. Siegel, Larry J. (2010). Criminology: The Core. Cengage Learning. p. 364. ISBN   9780495809838.
  14. Procida, Richard; Simon, Rita James (2007). Global Perspectives on Social Issues: Pornography. Lexington Books. p. 93. ISBN   9780739120927.
  15. Plumptre, Subomi (13 October 2015). "Nigeria, We've Got A Sexuality Problem!".
  16. "Government Gazette" (PDF). Republic of South Africa. 8 November 1996. Archived from the original (PDF) on 2016-08-21. Retrieved 2016-06-17.
  17. "Film Classification Query Engine". Films and Publication Board. Archived from the original on 3 January 2009.
  18. 1 2 Fallon, Amy (28 February 2014). "Confusion over Uganda's 'miniskirt ban' leads to public attacks on women". The Guardian. Retrieved 30 June 2016.
  19. Chesler, Ellen; McGovern, Terry, eds. (2015). Women and Girls Rising: Progress and Resistance Around the World. Routledge. p. 149. ISBN   9781317482666.
  20. "Museveni Signs Anti-Pornography Bill into Law". Red Pepper. Retrieved 30 June 2016.
  21. Mpubani, Raymond (9 Mar 2014). "Uganda's anti-pornography law targets media more than miniskirts". Wits Journalism. Archived from the original on 7 April 2014. Retrieved 30 June 2016.
  22. "Parliament passes Anti-Pornography Law". Parliament of the Republic of Uganda. Archived from the original on 31 December 2013. Retrieved 30 June 2016.
  23. "Uganda bans miniskirts, pornography". New Vision. 18 February 2014. Retrieved 30 June 2016.
  24. "Anti-Pornography Act – Human Rights Activists And Civil Society Organisations Challenge The Legality Of The Act In Constitutional Court – Uganda". Strategic Initiative for Women in the Horn of Africa. 2015. Archived from the original on 15 August 2016. Retrieved 30 June 2016.
  25. Namubiru, Lydia (26 July 2018). "Uganda is making ISPs block pornography from its citizens". Quartz.
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