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.