Obscenity
The Law on Measures
Against Obscenity
January 22, 1998
Article 3. Legal
definitions
3.1. The following
terms used in this law shall mean the following:
3.1.1. "Promotion
of obscenity" means offering to read, listen or watch
intercourse or human reproductive organs through print,
books, films, video and audio records and other forms
in order to arouse sexual desire.
3.1.2. "Obscenity"
means prostitution, inducing to prostitution, organising
and mediating prostitution and promotion of obscenity.
3.1.3. "Erotic" means
showing human nudity artistically in order to create
a sense of beauty.
Article 5. Prohibiting
promotion of obscenity
5.1. It shall be
prohibited to promote obscenity through print and communication
media.
5.2. It shall be
prohibited to prepare, distribute, sell or to store
with this purpose prints, books, pictures, films, video
records and other items that promote obscenity.
5.3. It shall be
prohibited to allow prints, books, films, video records,
pictures and other items promoting obscenity through
the national borders.
Article 6. Obligations
of business entities and organisations related to measures
against obscenity.
6.1. Central and
local government administrative institutions, health,
media and educational institutions shall have an obligation
to educate the public about consequences and effects
of obscenity and to promote prevention of sexually transmitted
diseases and HIV/ AIDS.
Requirements on erotic
advertisements and services
Article 7. Procedures
on selling erotic prints, books and video records.
7.1. Erotic prints,
books and video records shall be sold in areas determined
by Governors of aimags and the capital city.
7.2. The following
shall prohibited during selling erotic prints, books
and video records:
7.2.1. to sell inside
premises of organisations, on streets and squares, children's
institutions, kindergartens, schools, dormitories of
students and pupils, food and supplies markets and entertainment
places.
7.2.2. to sell informally
7.2.3. to sell to
and to use to sell through minors under 18 years.
Article 8. Prohibited
actions during demonstration of films, video records,
plays and dances
8.1. The following
shall be prohibited while demonstrating erotic films,
video records, plays, dances, striptease, shows, competitions,
races and other shows:
8.1.1. to show this
type of films and video records in places other than
those specifically authorised by central and local government
administrative organisations.
8.1.2. to broadcast
via central television channels
8.1.3. to show to
minors under 18 years.
Article 9. Control
over promotion of erotics
9.1. The Council
(hereinafter "the Council") under central and local
government organisations on health, social welfare,
education and legal issues shall control erotic prints,
books, films, and video tapes.
9.2. The procedures
and members of the Council shall be determined by the
Cabinet.
9.3. Erotic prints,
books and video records may be made public only after
the examination of prints, books, films and video records
by the central government administrative organisations.
Article 11. The
rate and amount of taxation
11.Income from sale
or rental of erotic prints, books and video records
and from running erotic plays shall be taxed by companies
income tax in accordance with provision 4 of paragraph
1 of Article 6 of the Law on Income Tax of Business
Entities and Organisations.
Article 13. Penalties
to be imposed on violators of the law
13.1. If violations
stated in provisions 5.1. and 5.2. are made repeatedly
in one year, the violator shall be charged of criminal
penalty.
13.2. Violators of
this law shall be imposed the following administrative
penalties if the violation does not constitute a criminal
offence:
13.2.3. Officials
responsible shall be imposed a penalty of togrog 40000
to 60000 and organisations a penalty of togrog 100000
to 150000, and income earned by promoting obscenity
if provision 5.1. of this law is violated; activities
of press and media communication organisations shall
be stopped if this violation is done repeatedly within
one year.
The Criminal Law of
Mongolia
Approved on December
5, 1986
Article 256. Distribution
of objects of obscenity to minors
1.Persons liable
for selling, advertising or distribution by other means
of prints, movies, video records and other similar items
containing sexual trespass to minors shall be charged
with imprisonment of up to 3 years of penalty of togrog
50000 to 100000.
2.Persons liable
for drawing minors into preparation or distribution
of items containing obscenity shall be charged with
imprisonment of up to 5 years of penalty of togrog 200000
to 400000.
3.If persons or organised
group of persons who were previously charged with criminal
offence of forcefully using minors for or distributing
objects of sexual offence, they shall be charged with
imprisonment of 5 to 15 years.
(This provision was
changed by the law issued on February 15, 1993 and was
re-worded by the law issued on April 1, 1996)
The Law on Administrative
Punishment
November 27, 1992
Article 41. Promotion
of obscenities and refusal to treat sexually transmitted
diseases
A fine of up to togrog
10000 shall be imposed for promotion of obscenities,
avoidance of medical check-up and treatment of sexually
transmitted diseases, missing of treatment sessions
and concealment of transmitter of the disease, in case
these do not constitute a criminal offence.
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