The ban on so-called “LGBT+ propaganda” in Russia has caused much controversy both within the country and abroad. However, there’s a difference between the noise surrounding repressive legislation and its actual implementation. Citizens’ Watch, in collaboration with the Sphere Foundation, has prepared a report based on research of court practice on consideration of cases on bringing to administrative responsibility for “propaganda of non-traditional sexual relations” among adults and children.
We have studied 64 court decisions that came into force between December 2022 and March 2024. The study revealed systemic problems and contradictions in the application of the notorious Articles 6.21 and 6.21.2 of the Russian Code of Administrative Offenses. According to the research, courts do not clearly distinguish between the concepts of “propaganda” and “dissemination of information”, which leads to arbitrary application of these norms. The report pays special attention to the problem of independence of experts and specialists whose conclusions are often used by courts as evidence. Many of them are affiliated with governmental agency Roscomnadzor which drafts administrative offense protocols.
The examined court decisions are neither well-founded nor convincing. Even when judges analyze in detail the films, video clips, or photographs they’ve seen, their conclusions about the illegality of these materials contradict the values of human rights, the principle of equality, and non-discrimination.