Following the examples of Georgia, Russia and others, the government of Belarus has taken steps to suppress any mentions of the LGBTIQ community in society.
The Council of Ministers submitted to Parliament a draft law “On Amending the Codes on Administrative Violations”, which, among other things, introduces Article 19.16 “Propaganda of homosexual relations, sex change, childlessness, pedophilia”. Disseminating information on these topics can be punished with a fine or imprisonment for up to 15 days.
The changes were initiated by Prosecutor General Andrei Shved, who stated that the LGBTIQ community "destroys traditional values and families in the West, where destructive ideas unacceptable for Belarus are being cultivated”. Human rights activists opposed the initiative, highlighting that it constitutes an attack on freedom of expression, right to privacy, and the right to non-discrimination.
In the draft law, the proposed new article is as follows:
Article 19.16. Propaganda of homosexual relations, sex change, childlessness, pedophilia
- Dissemination in any form of information for the purpose of forming in citizens ideas about the attractiveness of homosexual relations, sex change, childlessness or about recognizing pedophilia as permissible - shall be punishable by a fine of up to twenty basic units, for an individual entrepreneur - up to one hundred basic units, and for a legal entity - from one hundred to one hundred fifty basic units.
- The act provided for in paragraph 1 of this Article, which resulted in the familiarization of a minor with such information, shall entail imposition of a fine in the amount from twenty to thirty basic units, or community labor, or administrative arrest, for an individual entrepreneur - from one hundred to one hundred fifty basic units, and for a legal entity - from one hundred fifty to two hundred basic units.".
The ‘basic unit’ in 2025 is 42 rubles, i.e. about 11 euros. Therefore, individuals can be fined up to €220 for the first part of the article, up to €1100 for entrepreneurs, and between €1,100 and €1,650 for legal entities (including CSOs).
Cases falling under the second part of the article, which can lead to up to 15 days in prison, will be considered by a single-judge court.
Cases falling under the first part of the article (punished by fines) are to be resolved extrajudicially, by the Ministry of Internal Affairs.
“Propaganda” as a concept for restrictions of freedom of speech
Currently, there are several definitions of “propaganda” in Belarusian legislation (prohibitions of propaganda of pornography, propaganda of violence and cruelty, propaganda of terrorism. Currently, there are several definitions of “propaganda” in Belarusian legislation (prohibitions of propaganda of pornography, propaganda of violence and cruelty, propaganda of terrorism). 'Dissemination of information' (defined in the Law on Information) implies communication towards an indefinite number of persons, regardless of the format. Therefore, there is the threat that any publications about legitimate activities of CSOs (e.g., the work of counseling centers informing about gender transition regulations) may fall under the newly introduced restrictions and be punishable in practice.
The risk for the general public and content creators is that any public mention or image related to homosexuality, gender transition or childlessness may be considered as “propaganda”. Photos and posts on social networks can fall under the article, and not only the authors of the content are at risk, but also the users who share or like such links.
It is concerning that the category of “propaganda”, if arbitrarily interpreted, may include public manifestations of LGBTIQ people's identity or even their existence, any statements in support of equality, educational materials, artistic works devoted to the problems of discrimination and the promotion of equality. This sets the stage for mass censorship, persecution of independent media, activists and entire communities, including their individual representatives and spokespersons.
Vagueness creates wide opportunities for arbitrary misinterpretation and misuse of the new law. The main “grey area” is the formula “the purpose of forming in citizens ideas about the attractiveness”. The term “attractiveness” does not have a strict legal definition and can be interpreted broadly. The Belarusian Helsinki Committee predicts that the public availability of any information about sexual orientation, gender identity, and specific reproductive choices can be considered as propaganda. If the Belarusian authorities follow the Russian way, any mention of anything related to the LGBTIQ community childlessness or pro-choice movements will become “propaganda”.
Discrepancy between the new draft law and existing regulations on the topics
First, if we consider the issue of sex change, that is still possible in Belarus, governed by a special law. It is available free of charge and includes surgery, hormone therapy, as well as changing the gender marker in the passport. The medical procedure must be approved by a commission of the Ministry of Health. The number of people whose sex change is approved has been drastically dropping in recent years (from 80% to 20%).
Second, ’homosexual relations’, as well as childlessness, are also not prohibited.
The medical term pedophilia is also a legal category which is not synonymous with child sexual abuse. Therefore, the proposed new article does not address the issues of crimes against minors but aims to limit the dissemination of information.
Thus, proposed article of the Code on Amending the Codes on Administrative Violations is supposed to punish dissemination of information on legal phenomena in two different dimensions:
- ‘homosexual relations’, childlessness, and gender transition – which are not prohibited;
- the medical category of “pedophilia” – which is prohibited if manifested in sexual attempts against minors.
‘Homosexual relations’, childlessness and gender transition are fully legitimate and legal under Belarusian law. They all belong to the sphere of private life, which is protected by Article 28 of the Constitution of Belarus. The article guarantees everyone protection from interference in their private life, including the right to decide for themselves about family planning, sexual relations, gender identity and appropriate medical care. People who are in same-sex relationships, who have made the conscious decision not to have children, or who have undergone gender transition, will with the adoption of Article 19.16 be deprived of the right to speak about their private life. That is, given the general level of informatization of society, they will be forced to hide their identity.
In addition, including pedophilia in the same line with homosexuality, transitioning, and childlessness is a clear attempt to discredit and demonize social groups. In 2023, Belarusian parliament passed the bill providing for compulsory treatment of pedophiles (including hormonal therapy). The document obliges to conduct an examination “if it is necessary to establish the mental state of a person who has committed a crime in order to decide whether or not he or she has pedophilia”. The court is vested with the right to appoint persons “who have committed crimes and suffer from pedophilia, compulsory security measures and treatment along with punishment”.
The justification of the draft law contains a reference to similar legislation in the Russian Federation. Human rights groups believe the draft will be passed by the parliament and become part of Belarusian legislation as well.
“Homosexual relations”, ‘childlessness’ and “sex change” are not prohibited either in the national legal system or in international law. Consequently, dissemination of information in any form about them should not be characterized as unlawful acts but should be seen as a legitimate exercise of the right to freedom of expression. Under international law, limitations on freedom of expression must be based on clear law and shall be strictly necessary to achieve legitimate aims, which have not been provided by the authors of the draft law.