BAB vs OnlyFans: Will decriminalization of porn in Ukraine become a reality?
24 December 16:30
ANALYSIS
The Rada committee supported the decriminalization of porn, but this was preceded by a scandal over the taxation of OnlyFans models. Letters from the Bureau of Economic Security (BES) addressed to the content creators caused a stir in the media and society. Some models even publicized the situation in the media and complained about harassment. Why modeling workers are dissatisfied, what human rights activists say, and how many millions of hryvnias of income OnlyFans models have already declared Komersant ukrainskyi.
So, the Law Enforcement Committee of the Verkhovna Rada of Ukraine supported the billNo. 12191 on the decriminalization of pornography.
What does the bill provide for?
According to MP Yaroslav Zheleznyak, “this initiative does not concern the legalization of pornography – it is already legalized, and platforms such as OnlyFans pay millions of hryvnias in taxes.” Nevertheless, the draft law aims to amend Article 301 of the Criminal Code so that citizens do not go to prison for creating or distributing videos of an intimate nature or even storing such content on personal devices.
Under the current legislation, violation of Article 301 of the Criminal Code is punishable by imprisonment for a term of 3 to 5 years. The proposed amendments will allow avoiding prosecution for personal actions that do not violate the rights of other citizens.
Why it is relevant
Zheleznyak emphasized that the draft law had been prepared for more than a year within the working group and committee, and additional proposals would be taken into account for the second reading. The document is expected to be submitted to the parliament in early 2025. If adopted , Ukraine will be one step closer to democratic standards in regulating personal rights and freedoms.
The author of the draft law also urged his colleagues to avoid populism and sarcasm on this topic, drawing attention to the seriousness of the problem.
“I ask my fellow politicians, before joking about this topic or writing populistly “this is what they do during the war”, to simply ask how many of our citizens are currently convicted of this. And how many had to go abroad. The topic is fun, but only up to this point. As soon as you start to realize that it is about living people, it becomes very sad,”
– Zheleznyak said.
The scandal surrounding OnlyFans models
In the fall of 2024, the Ukrainian tax service sent mass notifications to the models of the OnlyFans platform demanding that they declare foreign income. Thousands of people who use the platform to earn money were in the center of attention.
350 Ukrainian models of the OnlyFans platform have declared their income for the past year, said Danylo Hetmantsev, chairman of the Verkhovna Rada Committee on Finance, Taxation and Customs Policy. The total amount of declared income amounted to UAH 305.4 million.
“We paid UAH 59.0 million in personal income tax and military duty. This is very important money for the country in times of war and we are grateful to the girls for their responsible stance and contribution to the victory. The fact that the girls did not pay the tax on time cannot be the basis for criminal prosecution if the taxes have been paid,”
– emphasized Danylo Hetmantsev.
The MP urged not to make mistakes in the future.
“It seems to me that the festival of hypocrisy, when society “morally condemns” with one hand and takes money for the army with the other, or when content creators are persecuted by its users, should be ended,”
– emphasized Danylo Hetmantsev.
However, despite paying taxes, some models have faced searches and accusations of wrongdoing.
One of the models mentioned in Hetmantsev’s posts, citizen “A,” told Forbes that she had faced searches by the Bureau of Economic Security (BES).
“They came to my house to search me, even though I had already paid taxes on my income of more than $3 million,”
– says the model.
According to Citizen A, she was unreasonably accused of large-scale tax evasion and of operating an Instagram agency that allegedly helps other girls make money, including on OnlyFans.
Another model mentioned in Hetmantsev’s post is citizen “C”. Her parents were also visited by the BES.
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Fear of criminal liability
Current Ukrainian legislation prohibiting pornography puts even those who pay taxes on their income at risk of criminal prosecution. This makes many models avoid declaring their income for fear of searches, fines, or other sanctions.
For example, detectives of the Bureau of Economic Security (BES) have been granted temporary access to the personal data of all Ukrainian citizens registered on the OnlyFans platform. The relevant decision was made by the Shevchenkivskyi District Court of Kyiv on September 20. Access to the information includes surname, name, patronymic, date of birth, taxpayer registration number, as well as other information about the content creators that is available to the State Tax Service (STS). The data obtained became the basis for searches in the framework of criminal proceedings initiated under Article 212(3) of the Criminal Code of Ukraine (tax evasion on a large scale).
The OnlyFans platform models were subject to the first-ever exchange of international tax information. The platform disclosed data on the income of Ukrainians, which led to a high-profile investigation. This was stated by lawyer Lesya Mikhalenko in an exclusive comment to Kommersant Ukrainian.
The expert explains that two key issues are currently being discussed in Ukraine: the decriminalization of Article 301 of the Criminal Code, which concerns the distribution of pornography, and the taxation of Ukrainians’ income received through digital platforms.
“Today we’re talking about OnlyFans, but tomorrow Bolt drivers, handicraft sales, and any other platforms where Ukrainians earn significant amounts of money may be in the crosshairs,”
– says Lesia Mykhalenko.
According to the lawyer, two popular models contributed 18 and about 25 million hryvnias to the budget. However, even after that, they became the objects of attention of the Bureau of Economic Security (BES).
“The BES believes that the payment of taxes legalized the income received allegedly by criminal means. This approach creates risks for the entire creative sector,”
– explains Mikhalenko.
Why did OnlyFans disclose the data?
The disclosure of information became possible due to international agreements, such as the DAC7 directive, which obliges platforms to provide tax authorities with user data. This is the first such case for Ukraine, which has not received such data before.
“Platforms such as YouTube, TikTok, or photo-sharing sites can now potentially be targeted by the tax authorities and the BES. This sets a precedent that could negatively affect those who pay taxes honestly.”
Lesia Mykhalenko
The lawyer emphasizes that if government agencies continue to persecute businesses that voluntarily pay taxes, it will undermine confidence in the legal system and create obstacles to the development of online entrepreneurship.
Mykhalenko emphasized that online models are active taxpayers and by staying in Ukraine, they support the economy. Girls buy real estate, cars, visit local cafes, and hire professionals to create content, which in turn contributes to the development of business in the country, Mikhalenko said.
Even so, many of them face unreasonable searches and blackmail.
“One of the models, who paid over UAH 1.8 million in taxes, was blackmailed by law enforcement officers by threatening to disclose her activities to her family,”
– says Lesia Mykhalenko.
Problems of legal regulation
According to Mykhalenko, Article 301 of the Criminal Code on the distribution of pornography is often used to put pressure on models. Online platforms such as OnlyFans make it possible to publish not only erotic content but also other materials, such as cooking recipes or life hacks. However, law enforcement often fails to distinguish between these categories, the lawyer explains.
The lawyer also emphasized that the problem is not only the inconsistency of the law with modern realities, but also widespread corruption.
“There are cases when the police force models to continue their activities and pay kickbacks. This only exacerbates the problem,”
– adds Mykhalenko.
Ways to solve the problem
According to the lawyer, the best solution would be to decriminalize the activities of models. Shifting responsibility for content distribution to the administrative sphere would reduce corruption risks and create transparent working conditions.
“Adults have the right to make a private choice. If they pay taxes, the state should support them, not punish them,”
– summarized Lesia Mykhalenko.
This situation underscores the need to modernize legislation and strengthen protection of citizens who work honestly and contribute to the development of the country’s economy.
