Russian anti-LGBTQ law - Wikiwand

Criticism

The passing of the law was met with major international backlash, especially from the Western world, as critics considered it an attempt to effectively ban the promotion of LGBT rights and culture in the country. Article 19 disputed the claimed intent of the law, and felt that many of the terms used within were too ambiguous, such as the aforementioned "non-traditional sexual relationships", and "raises interest in". The organization argued that it "feasibly could apply to any information regarding sexual orientation or gender identity that does not fit with what the State considers as in-line with 'tradition'." The term "among minors" was also criticized as being ambiguous, since it is unclear whether it refers to being in the presence of minors, or any place where minors could be present. They argued that "predicting the presence of children in any space, on-line or off-line, is quite impossible and is a variable that the proponent of any expression will rarely be in absolute control of."^[24]

The law was condemned by human rights groups such as Amnesty International^[36][37] and Human Rights Watch.^[38][31] UN Secretary-General Ban Ki-moon indirectly criticized the law.^[39] LGBT rights activists, human rights activists, and other critics stated that the broad and vague wording of the law, which was characterized as a ban on gay propaganda by the media, made it a crime to publicly make statements or distribute materials in support of LGBT rights, hold pride parades or similar demonstrations,^[40] state that gay relationships are equal to heterosexual relationships, or according to Human Rights Campaign (HRC) president Chad Griffin, even display LGBT symbols such as the rainbow flag or kiss a same-sex partner in public.^{[5][27][41][42]} The first arrest made under the law involved a person who publicly protested with a sign containing a pro-LGBT message.^[43]

The legislation reportedly led to an increase in violence against LGBT people in Russia.^[44] Russian LGBT Network chairman Igor Kochetkov argued that the law "[has] essentially legalised violence against LGBT people, because these groups of hooligans justify their actions with these laws," supported by their belief that gays and lesbians are "not valued as a social group" by the federal government. Reports surfaced of activity by groups such as 'Occupy Paedophilia' and 'Parents of Russia', who lured alleged "paedophiles" into "dates" where they were tortured and humiliated.^[10] In August 2013, it was reported that a gay teenager was kidnapped, tortured, and killed by a group of Russian Neo-Nazis. Violence also increased during pro-gay demonstrations; on 29 July 2013, a gay pride demonstration at Saint Petersburg's Field of Mars resulted in a violent clash between activists, protesters, and police.^[45][46][47]

In January 2014, a letter, co-written by chemist Sir Harry Kroto and actor Sir Ian McKellen and co-signed by 27 Nobel laureates from the fields of science and the arts, was sent to Vladimir Putin urging him to repeal the propaganda law as it "inhibits the freedom of local and foreign LGBT communities."^[48] In February 2014, the activist group Queer Nation announced a planned protest in New York City outside the Russian consulate on 6 February 2014, timed to coincide with the opening ceremonies of the 2014 Winter Olympics.^[49] The same day, gay rights group All Out similarly coordinated worldwide protests in London, New York City, Paris, and Rio de Janeiro.^[50] On 8 February 2014, a flash mob was held in Cambridge, England, featuring same-sex couples embracing and hugging, as part of a video project known as "From Russia With Love".^[51]

The TV documentary Stephen Fry: Out There explored gay rights and homophobia in numerous countries in the world, including Russia.^[52] In it, Stephen Fry interviews a lesbian couple who discuss their fears that simply being out to their 16-year-old daughter and her friends could be taken as breaking this law,^[53][54] due to the law's prohibition "on anyone disseminating information about homosexuality to under 18s".^[55] The LGBT news magazine The Advocate described the law as criminalising "any positive discussion of LGBT people, identities, or issues in forums that might be accessible to minors. In practice, the law has given police broad license to interpret almost any mention of being LGBT—whether uttered, printed, or signified by waving a rainbow flag—as just cause to arrest LGBT people."^[56] The US State Department in its 2013 report on human rights in Russia noted the clarification from Roskomnadzor (the Russian Federal Service for Supervision in the Sphere of Telecom, Information Technologies and Mass Communications) that the "gay propaganda" prohibited under the law includes materials which "directly or indirectly approve of people who are in nontraditional sexual relationships."^[57] One couple interviewed by Fry said: "Of course we are afraid because we really don't know what's going to happen next in the country. ... You just don't know if they can incarcerate you tomorrow for something or not."^[53] Fry also interviewed politician Vitaly Milonov, the original proponent of the law, whose attempts to defend it have been strongly criticized;^[52][54] Milonov responded branding Fry as "sick"^[58] for making a suicide attempt while filming the documentary^[59] in an interview in which he also compared homosexuality with bestiality.^[58]

Incompatibility with the European Convention of Human Rights

There is a general consensus that the law violates the European Convention of Human Rights, which Russia ratified.^[60] In the 2017 case Bayev and Others v. Russia brought by three Russian LGBT activists following their convictions under local anti-propaganda laws, the European Court of Human Rights ruled that the laws in question violated the applicants' freedom of speech and right not to be discriminated against in the exercise of Convention rights. The court found that "the authorities reinforce[d] stigma and prejudice and encourage[d] homophobia, which is incompatible with the notions of equality, pluralism and tolerance in a democratic society".^[61]

The Council of Europe's advisory body on constitutional law, the Venice Commission, passed a resolution in 2013 stating that bans on "propaganda of homosexuality" "are incompatible with ECHR and international human rights standards" for several reasons. First, these bans were worded too vaguely to satisfy the requirement in Article 10 ECHR that limits on freedom of expression must be "prescribed by law". Second, "homosexuality as a variation of sexual orientation, is protected under the ECHR and as such, cannot be deemed contrary to morals by public authorities, in the sense of Article 10 § 2 of The ECHR". Third, the laws only target "propaganda of homosexuality" but not "propaganda of heterosexuality", which amounts to discrimination on the basis of sexual orientation under Article 14 ECHR.^[62]

Effects on the level of hate crime against LGBTQ

Hate crimes became more prevalent as a direct consequence of the "gay propaganda law". Across the country, numerous individuals, sometimes with implicit support from authorities, engaged in acts of violence against LGBTQ individuals. Some of those individuals organized hate groups that viewed the elimination of LGBTQ individuals as a means of restoring societal order.^[63]

The Russian government does not officially record hate crimes against the LGBTQ community, perpetuating a narrative that such individuals do not exist. Instead, authorities make statements such as "We don't have those kinds of people here. We don't have any gays. You cannot kill those who do not exist".^[64]

Overall, the number of crimes perpetrated on an annual basis since the enactment of the "gay propaganda" law has been three times higher than prior to the law. This has been reported by a number of research projects and NGOs (two Russian NGOs—LGBT Initiative Group Stimul and SOVA Center and two international organization—OSCE Office for Democratic Institutions and Human Rights – ODIHR).^[65][66][67] In addition to this quantitative change, crimes against LGBTQ people have changed qualitatively: since the 2013 law, not only have they have become more violent, more often premeditated and more often committed by a group of perpetrators.^[68]

Protests

A number of protests were held against the law, both locally and internationally. Activists demonstrated outside New York City's Lincoln Center at the opening night of the Metropolitan Opera on 23 September 2013, which was set to feature Tchaikovsky's opera Eugene Onegin. The protests targeted Tchaikovsky's own homosexuality, and the involvement of two Russians in the production; soprano Anna Netrebko and conductor Valery Gergiev, as they were identified as vocal supporters of Putin's government.^[72][73]

On 12 October 2013, the day following National Coming Out Day, a protest organized by at least 15 activists was held in Saint Petersburg. The protest site was occupied by a large number of demonstrators, some of whom were dressed as Russian Orthodox priests and Cossacks.^[74] In total, 67 protestors were arrested for creating a public disturbance.^[75]

Activists also called for a boycott of Stolichnaya vodka, who had prominently branded itself as a Russian vodka (going as far as to dub itself "[the] Mother of All Vodkas from The Motherland of Vodka" in an ad campaign). However, its Luxembourg-based parent company, Soiuzplodoimport, responded to the boycott effort, noting that the company was not technically Russian, did not support the government's opinion on homosexuality, and described itself as a "fervent supporter and friend" of LGBT people.^[76]

Proposed similar laws in Kyrgyzstan

In 2014, a bill modeled after the Russian anti-gay law was proposed in the parliament of Kyrgyzstan; the measure, which "drew a welter of criticism from multiple rights groups, governments, the United Nations Human Rights Council and the European parliament," would provide for even harsher penalties than the Russian law.^[77] The bill passed its first two readings by wide margins (79–7 and then 90–2) but faltered after two of the legislation's lead sponsors failed to win reelection.^[77][78] In 2016, the legislation was again raised in parliament, but was held up in subcommittee.^[77]

Prosecutions and other effects

The first arrest made under the propaganda law occurred just hours after it was passed: 24-year-old activist Dmitry Isakov was arrested in Kazan for publicly holding a sign reading "Freedom to the Gays and Lesbians of Russia. Down With Fascists and Homophobes", and ultimately fined 4,000 rubles (US$115). Isakov had performed a similar protest in the same location the previous day as a "test" run, but was later caught in an altercation with police officers who targeted his pro-gay activism, and arrested him for swearing. He would be released without charge, but pledged to return there the next day to show that he would "not be cowed by such pressure." Isakov also claimed that he had been fired from his job at a bank as a result of the conviction.^[43][79]

In December 2013, Nikolay Alexeyev and Yaroslav Yevtushenko were fined 4,000 rubles for picketing outside a children's library in Arkhangelsk with banners reading, "Gays aren't made, they're born!" Their appeal was denied.^[80]

In January 2014, Alexander Suturin, editor-in-chief of the Khabarovsk newspaper Molodoi Dalnevostochnik, was fined 50,000 rubles (US$1,400) for publishing a news story discussing the teacher Alexander Yermoshkin, who had been fired for self-admittedly holding "rainbow flash mobs" in Khabarovsk with his students, and was subsequently attacked by right-wing extremists because of his sexuality. The fine centred around a quote in the article by the teacher, who stated that his very existence was "effective proof that homosexuality is normal."^[81][82][83]

Elena Klimova has been charged under the law multiple times for operating Children-404—an online support group for LGBT youth on the social networking services VKontakte and Facebook. The first of these charges was overturned in February 2014, after a court ruled in consultation with a mental health professional that the group "helps teenagers exploring their sexuality to deal with difficult emotional issues and other problems that they may encounter", and that these activities did not constitute "propaganda of non-traditional sexual relationships" as defined under the law.^[84][85] In January 2015, Klimova was sent to court for the same charges. They were overturned on appeal, only for the same court to convict Kilmova and issue a fine of 50,000 rubles in July 2015, pending an appeal.^[86]

In November 2014, one day after current Apple Inc. CEO Tim Cook publicly announced that he was proud of being gay,^[87] it was reported that an iPhone-shaped memorial honoring its late co-founder Steve Jobs had been removed from a Saint Petersburg university campus by its installer, the West European Financial Union (ZEFS). It was alleged that the memorial was removed due to the law because it was in an area frequented by minors.^[88] In September 2015, Apple became the subject of an investigation by officials in Kirov for implementing emoji on its operating systems which depict same-sex relationships, over whether they may constitute a promotion of non-traditional sexual relationships to minors.^[89] Roskomnadzor later ruled that by themselves, emoji depicting same-sex couples did not constitute a violation of the propaganda law, as whether they have a positive or negative connotation depends on their actual context and usage.^[90]

In March 2018, Roskomnadzor ordered the prominent website Gay.ru to be blocked in the country due to the law.^[91][92][93]

Effects on sports

The 2013 World Championships in Athletics, held at Moscow's Luzhniki Stadium in August 2013, were overshadowed by comments and protests over the law by athletes. After winning a silver medal at the event, U.S. runner Nick Symmonds stated that "whether you're gay, straight, black, white, we all deserve the same rights. If there's anything I can do to champion the cause and further it, I will, shy of getting arrested."^[94] Swedish athletes Emma Green Tregaro and Moa Hjelmer painted their fingernails in rainbow colors as a symbolic protest.^[95] However, Tregaro was forced to re-paint them after they were deemed a political gesture that violated the rules of the IAAF. In response, she re-painted them red as a symbol of love.^[96] Russian pole vaulter Yelena Isinbayeva criticized Tregaro's gesture as being disrespectful to the host country, stating in a press conference that "we have our law which everyone has to respect. When we go to different countries, we try to follow their rules. We are not trying to set our rules over there. We are just trying to be respectful." After Isinbayeva's remarks attracted widespread criticism, she argued that her choice of words had been "misunderstood" due to poor English.^[97]

The implications of the law on Russia's hosting of two major international sporting events, the 2014 Winter Olympics in Sochi (where seven LGBT athletes, all female, were expected to compete)^[98] and the 2018 FIFA World Cup, were called into question. In the case of the World Cup, FIFA had recently established an anti-discrimination task force, and was also facing criticism for awarding the 2022 World Cup to the country of Qatar, where homosexuality is illegal;^[99] in August 2013, FIFA requested information from the Russian government on the law and its potential effects on the association football tournament.^[94] In the case of the Winter Olympics, critics considered the law to be inconsistent with the Olympic Charter, which states that "[discrimination] on grounds of race, religion, politics, gender or otherwise is incompatible with belonging to the Olympic Movement."^[100] In August 2013, the International Olympic Committee "received assurances from the highest level of government in Russia that the legislation will not affect those attending or taking part in the Games", and also received word that the government would abide by the Olympic Charter.^[101][102] The IOC also confirmed that it would enforce Rule 50 of the Olympic Charter, which forbids political protest, against athletes who make displays of support for the LGBT community at the Games.^[103] Vladimir Putin also made similar assurances prior to the Games, but warned LGBT attendees that they would still be subject to the law.^[104]

Athletes and supporters used the Olympics as leverage for further campaigns against the propaganda law. A number of athletes came out as lesbian, gay, or bisexual to spread awareness of the situation in Russia, including Australian snowboarder Belle Brockhoff,^[105] Canadian speed skater Anastasia Bucsis,^[106] gold medal figure skater Brian Boitano,^[107] and Finnish swimmer Ari-Pekka Liukkonen.^[108] There were also calls to boycott the Games, drawing comparisons to the Summer Olympics of 1980 in Moscow, the last time the Olympics were held on what is now Russian soil.^[5] A campaign known as Principle 6 was established in collaboration between a group of Olympic athletes, the organizations All Out and Athlete Ally, and clothing maker American Apparel, selling merchandise (such as clothing) with a quotation from the Olympic Charter to support pro-LGBT organizations.^[109] Toronto advertising copywriter Brahm Finkelstein also began to market a rainbow-coloured matryoshka doll set known as "Pride Dolls", designed by Italian artist Danilo Santino, to benefit the Gay and Lesbian International Sport Association, organizers of the World Outgames.^[110][111]

Action was leveraged directly against Olympic sponsors and partners as well; in late-August 2013, the Human Rights Campaign sent letters to the ten Worldwide Olympic Partner companies, urging them to show opposition towards anti-LGBT laws, denounce homophobic violence, ask the IOC to obtain written commitments for the safety of LGBT athletes and attendees, and oppose future Olympic bids from countries that outlaw support for LGBT equality.^[112] In February 2014, prior to the games, a group of 40 human rights organizations (including Athlete Ally, Freedom House, Human Rights Campaign, Human Rights Watch and Russian LGBT Network among others) also sent a joint letter to the Worldwide Olympic Partners, urging them to use their prominence to support the rights of LGBT athletes under the Olympic Charter, and pressure the IOC to show greater scrutiny towards the human rights abuses of future host countries.^[113][114] On 3 February 2014, USOC sponsor AT&T issued a statement in support of LGBT rights at the Games, becoming the first major Olympic advertiser to condemn the laws.^[115] Several major non-sponsors also made pro-LGBT statements to coincide with the opening of the Games; Google placed a quotation from the Olympic Charter and an Olympic-themed logo in the colours of the rainbow flag on its home page worldwide,^[116] while Channel 4 (who serves as the official British broadcaster of the Paralympics) adopted a rainbow-coloured logo and broadcast a "celebratory", pro-LGBT advert entitled "Gay Mountain" on 7 February 2014, alongside an interview with former rugby union player and anti-homophobia activist Ben Cohen. As part of its Dispatches series, Channel 4 had also broadcast a documentary during the week of the Opening Ceremony entitled Hunted, which documented the violence and abuse against LGBT people in Russia in the wake of the law.^{[10][117][118]}

Effects on video games

In May 2014, it was revealed that in accordance with the propaganda law, the computer game The Sims 4—a new installment in a life simulation game franchise published by Electronic Arts which has historically allowed characters to participate in same-sex relationships, and allowed players to give their characters a customised gender, had been given an "18+" rating, restricting its sale to adults only. In contrast, the pan-European ratings board PEGI has historically rated The Sims games as being suitable for those aged 12 and over.^{[119][120][121]}

In December 2016, the video game FIFA 17 (which is also published by Electronic Arts) was targeted for an event that allowed users to obtain rainbow-coloured shoelaces for their virtual footballers, in support of a pro-LGBT advocacy campaign backed by the English Premier League. MP Irina Rodnina stated that relevant authorities needed to "verify the possibility of distributing this game on the territory of the Russian Federation".^[122]

In December 2016, Blizzard Entertainment geo-blocked a tie-in web comic for its game Overwatch in Russia for containing a scene of the character Tracer, who was confirmed as being lesbian, kissing her partner, another woman. Blizzard cited the gay propaganda law as reasoning for the block. The game itself is not blocked in the country.^[123][124]

In February 2021, Miitopia received an 18+ rating due to the ability of same-sex Miis being able to form "relationships" with each other despite no actual sexual content whatsoever being present in the game.^[125]