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Banned broadcast in Sweden

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Jan 20, 2021
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Hi, today I learned from a regular client that after July 1st the Chaturbate website is banned for Swedes.
This is what he wrote. Last performance. This type of performance will be banned in Sweden after July 1st.
I asked if Chaturbate will be banned completely? He said yes, for Swedes.
 
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Hi, today I learned from a regular client that after July 1st the Chaturbate website is banned for Swedes.
This is what he wrote. Last performance. This type of performance will be banned in Sweden after July 1st.
I asked if Chaturbate will be banned completely? He said yes, for Swedes.
Just to be clear, Chaturbate is not banned in Sweden.
Disclaimer, I do not have any legal training and I am not Swedish, but I have just read the bill in question, and the arguments.

What a Swedish user can still do legally on Chaturbate, OnlyFans, clipsites and sites similar to those:
  • watch a stream and chat, but if the broadcaster has a tip activated toy the cannot legally tip.
  • buy any content that the broadcaster/content maker has on offer for a wide audience, but they cannot legally purchase custom content.
  • any subscribtion based content is also ok

This is what the preample to the proposed legislation says:
The offence of purchase of sexual services is changed to purchase of a sexual act and the scope of punishment for that offence and for procuring is extended to acts carried out at a distance, i.e. without physical contact.
§11 of the proposal:
Anyone who, (...), induces a person to perform or tolerate a sexual act for remuneration for the main purpose of participating in or being shown the act, shall be sentenced for the purchase of a sexual act to imprisonment for a term not exceeding one year.

Underneath is an AI summary of the arguments the Swedish government presented in the legislation. The full text (in swedish) can be found here

Summary of the government's bill Prop. 2024/25:124 on the criminalisation of the purchase of sexual acts at a distance:

Background

  • The purchase of sexual services was criminalised in Sweden in 1999.
  • The current law requires physical contact between buyer and seller for the offence to be covered.
  • The digitalisation of the sex trade has led to new forms of buying sex, including via webcam and platforms such as OnlyFans.
Government assessment and proposals

  • The purchase of sexual acts at a distance should be criminalised, even without physical contact.
  • There is legal uncertainty as to whether current legislation covers these cases.
  • The Government considers that the protection interests underlying the Sex Purchase Act also apply to distance acts.
  • People who perform sexual acts via e.g. camshows may be just as vulnerable as in physical meetings, partly because of the risk of dissemination of recorded material.
Extension of criminal liability

  • New criminal liability is proposed to cover anyone who induces a person to perform or tolerate a sexual act for remuneration, including at a distance.
  • This means removing the requirement for the act to be 'occasional' and for physical contact to be required.
  • The causal link between the payment and the act must be clear: the offender must have induced the person to perform the act for consideration.
  • It should not matter whether the act takes place in real time or is pre-recorded, as long as the purpose is for the offender to participate in or witness the act.
Delimitation against pornography

  • In order not to criminalise all pornography, it is proposed that the main purpose of the purchase must be for the perpetrator to participate in or be shown the act.
  • The purchase of pre-recorded material for a wide audience is therefore not covered by the new criminal offence.
Practical and legal challenges

  • Difficulties exist with evidence, especially if the offender buys material from abroad.
  • Restrictions on international co-operation due to the requirement of double criminality (i.e. the act must also be illegal in the country where it takes place).
  • However, the Government considers that this is not a sufficient obstacle to refrain from amending the law.
Penalty enhancements and species offences

  • The Government is not proposing further penalty enhancements or making the offence a so-called species offence in this legislative proposal.
  • The focus is on closing legal gaps in the current sex purchase legislation.
 
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