Pornography
According
to the Italian Penal Code it's obscene what "in common sense offends
modesty".
The legal concept of obscenity is therefore indefinite and evolving in
time.
Nowadays, in general, it's considered obscene in Italy every not fake performance
of sexual
acts (hardcore) and every exposure of genitals, unless justified by artistic or scientific
reasons.
It is therefore forbidden in this country the production of hardcore movies,
videos, photoshoots, shows etc.
In 1975 a new law has notwithstanding declared shopkeepers and newsagents not
chargeable for selling porn, provided that they follow some rules: not
allowing minors to get in or buy, not displaying obscene items, images
in the shop windows, etc.
So,
while producing it remains illegal, pornography of any kind is legally sold in
italian newsstands and sex shops.
The only exception concerns pornographic material showing minors (under
18) or children, whose possession, selling etc. is a serious crime related
to pedophilia.
Obscene acts, items
For legal
purposes the acts and
items to be considered obscene are those which in common
sense offend modesty.
Artistic and scientific works are not regarded as obscene unless offered, sold or
in any way delivered to minors (under 18) not for study purposes.
(See Italian Penal
Code, art. 529)
Obscene publications, shows
Anyone who, in order to sell, spread or show them, produces, imports, buys,
holds, exports or in any way puts forth obscene writings, drawings, images
or any other kind of obscene material, is punished with imprisonment from
3 months
to
3 years and fined not less than
€ 103.
Same punishment for anyone who, even undercover, sells
the above stated materials, or who spreads or displays it.
Same punishment for:
1. Anyone who promotes the circulation or trade of the above stated
materials.
2. Anyone who produces obscene shows, movies or performances of any
kind.
(See Italian
Penal Code, art. 528)
Trading
of obscene materials
Anyone who in a public or open place displays, sells, offers
or distributes drawings, writings, images or any other kind of item offending
public modesty, is fined from
€ 103 to € 619.
(See Italian Penal Code, art. 725)
No liability to punishment for shopkeepers and newsagents
who sell
pornographic material
Newsagents who, within their normal business, limit themselves to merely
sell or display publications they received from authorized publishers or distributors
are not
liable to punishment by
the above mentioned articles 528 and 725.
The same goes for booksellers, unless they are jointly working with
publishers to the specific purpose of spreading obscene material.
The above named dealers are nevertheless punished with imprisonment
up to 1 year
in the following cases:
- If displaying "manifestly obscene parts" of the above mentioned
publications in a way to make them "directly visible"
by anybody who may be passing by.
- If selling obscene material to under 16s.
Punishment is raised to imprisonment
from 1 to 3
years and a fine not less
€ 413
if the crimes described by article 528 are committed by a publisher.
(See Law 17
July 1975 nr.
355)