Iceland is currently debating a draft bill introduced by two members of the Pirate Party to overturn the nation's total ban on pornography. The legislation, submitted in September, aims to lift penalties for the publication, importation, sale, and distribution of pornography, which have been illegal in Iceland since 1869.

Proposed Legislation and Current Enforcement

Pirate Party MPs Björn Leví Gunnarsson and Arndís Anna Kristínardóttir submitted legislation last September that would "lift the current penalties for the publication, importation, sale, and distribution of pornography," according to Iceland Review. The printing and distribution of pornography have been illegal in Iceland since 1869, under Article 210 of the general penal code.

Despite the long-standing ban, Iceland's pornography laws are "largely unenforced, with the exception of occasional controversies," Iceland Review reported. The current debate marks a potential shift in the country's approach to sexual content, which has seen previous attempts to tighten restrictions.

Historical Context of Pornography Bans

The debate surrounding pornography in Iceland has a history of strong opinions and legislative attempts. In 2013, the minister of the interior proposed a ban on online pornography. This proposal sparked a debate, with responses to the ministry both in opposition to and in support of the ban. Supporters of the 2013 ban emphasized the harmful effects of pornography, particularly on children, while opponents highlighted issues of free speech and the dangers of censorship.

Halla Gunnarsdóttir, an adviser to the interior minister Ögmundur Jónasson in 2013, stated that a nationwide consultation found wide support for the move from police and lawyers working in sexual violence, along with health and education professionals. Gunnarsdóttir described Iceland as a "progressive, liberal society when it comes to nudity, to sexual relations," emphasizing that the approach was "not anti-sex but anti-violence." She cited concerns about the average age of children seeing online porn in Iceland, which was 11, and the "increasingly violent nature" of content they were exposed to, noting that "mainstream porn has become very brutal."

Feminist ideas have been influential in Icelandic society, with a strong impact from the women's liberation movement of the 1970s. This influence, particularly through the political party Women's List in Alþingi from 1983 to 1998, contributed to the success of anti-pornography feminists in the 1980s and 1990s. Competing ideas of intersectionality, sexual agency, and sexual freedom were marginalized in Icelandic political discourse during the 2013 debate on the proposed online pornography ban.

Support for Overturning the Ban

Among the local groups supporting the overturning of the current censorship law is the Icelandic BDSM Society. The society released a statement this week, expressing support for the possibility that the anti-porn laws may be "finally being removed" from the legal system.

The Icelandic BDSM Society's statement highlighted the impact of the current laws on its members, noting that "many of our members have struggled with deep shame because of their own feelings and desires." The statement attributed this shame to "growing up in a society that closes its eyes to the diversity of human sexuality and insists on outdated attitudes about sexual relations." These attitudes include "outdated ideas about the purity of women, the privileging of the marital relation between one man and one woman over all other forms of relationships, and beliefs about what is and is not normal sex."

The group also pointed out the practical challenges of enforcing such laws in the modern era, stating that current technology makes it "trivially easy to access pornography, making the enforcement of such laws in the modern day essentially impossible," as reported by Island Review. Furthermore, the Icelandic BDSM Society argued that censorship laws "further marginalize sex workers, making it more difficult to legally and safely make a living." The society also advocated for "sex education in schools from an early age."

Key Facts

  • A draft bill to overturn Iceland's total ban on pornography was introduced by Pirate Party MPs Björn Leví Gunnarsson and Arndís Anna Kristínardóttir in September.
  • The legislation aims to "lift the current penalties for the publication, importation, sale, and distribution of pornography."
  • Pornography has been illegal in Iceland since 1869 under Article 210 of the general penal code.
  • Iceland's pornography laws are "largely unenforced, with the exception of occasional controversies."
  • The Icelandic BDSM Society supports overturning the ban, citing issues of shame, outdated societal attitudes, and the marginalization of sex workers.
  • A 2013 proposal to ban online pornography in Iceland sparked debate, with supporters citing concerns about children and violence, and opponents emphasizing free speech.