Mayor's Ban On Smut Is Too Vague

Moscow Mayor Yury Luzhkov's recent order on limiting the sale of erotic publications may have been issued with the best of intentions. Since the lifting of the taboos of the Soviet era, the capital has been engulfed by a wave of smut, and many, perhaps the majority, would argue that some limitations on the display and sale of erotica are in order.But, as with most paternalistic measures, there is a distinct danger in trying to dictate tastes and morals. Given the dearth of information on sexual matters during the puritanical Soviet period, it is understandable that there should be an explosion of material on this subject now. Who is to decide which publications are erotic and which are "educational?" Luzhkov's order does not make any attempt to define erotica, nor does it make any distinction between erotic publications and pornography. In this it mirrors the Russian Criminal Code, which also fails to set out any guidelines for this type of publication.Yet two men have already been arrested, one of whom is still in prison, on charges of distributing pornography -- even though the newspaper they publish has never been banned, and, in fact, was officially registered with the Press and Information Ministry. What is to prevent similar abuses from occurring in the wake of the new ban? If Luzhkov wants to curtail sale of erotica, he will first have to define the term -- something legal experts in many countries have been trying to do for decades.The order envisages the creation of special shops and kiosks for the sale of erotica. Given the list of places where the sale of such publications is banned -- in the metro, on the street, in railroad stations, airports, and underground passageways -- it is difficult to imagine where such kiosks or shops could operate.Although the mayor's office has said it does not intend to ban the publication and sale of erotic materials, the effect of the limitations could well be to make these periodicals so inaccessible as to constitute a virtual prohibition. The explosion of erotica indicates that there is indeed a market for it in Russia today: Given the difficult economic situation and that erotic publications are selling for 1,000 to 2,000 rubles (50 cents to $1) -- an astronomical amount for a Russian publication -- the fact that these periodicals are surviving and actually making money is a telling sign. Making erotica less accessible will probably just give rise to a thriving underground market.Luzhkov's order seems hasty and vague, likely to create more problems than it solves. If Moscow's mayor wants to cut down on the visibility of smut in the streets, he will have to come up with a better plan.