STATUS REPORT

INTERNATIONAL CONVENTION FOR THE SUPPRESSION OF THE CIRCULATION OF AND TRAFFIC IN OBSCENE PUBLICATIONS

(Geneva, 12/09/1923)

ENTRY INTO FORCE : 08-Aug-28

Depositary: Secretary General of the United Nations

Last updated by PacLII: 02-Dec-08
Parties Date of Signature Date of ratification
/
Other 		Entry Into Force Domestication Legislation
(where available)
Fiji   1 November 1971 d    
Papua New Guinea   (June 29th, 1935 a)    
Samoa   (December 11th, 1925 )    
Solomon Islands   3 Sep 1981 d    
 
(including Netherlands Indies, Surinam and CuraŠ·ao)        
". . . under the Act of 3 July 1985 (Bulletin of Acts, Orders and Decrees No. 385) the provisions of the Dutch Criminal Code were amended in such a way that it is no longer possible for the Netherlands to comply fully with the international obligations it assumed under the Convention. Article I of the Convention contains - inter alia - the obligation to make it a punishable offence to make, produce or have in possession, to import, convey or export obscene publications or any other obscene objects for the purposes of distribution or public exhibition        
"The new provisions of the Dutch Criminal Code fulfill this requirement only with regard to the portrayal of - or to any medium of information which portrays - sexual activity involving persons under the age of sixteen (i.e. child pornography). As regards the other forms of pornography, the shop windows, to send such images or objects unsolicited through the mail or to supply, offer or show them to children. Since the Convention does not contain any provision which would allow the Netherlands to make punishable only those offences included in the amended Criminal Code, the Government of the Kingdom of the Netherlands has no other choice than to denounce the Convention for the Netherlands."        
(2) and Northern Ireland        
(3) The French Government does not assume any obligation as regards its colonies or Protectorates or the Territories placed under its mandate        
(4) The provisions of Article 15 of the Convention are in no way derogatory to the acts of the Japanese judicial authorities in the application of Japanese laws and decrees        
(5) Subject to reservation "that, in the application of the penal clauses of the Convention, the Luxembourg authorities will observe the closing paragraph of Article 24 of the Constitution of the Grand-Duchy, which provides that proceedings may not be taken against the publisher, printer or distributor if the author is known and if he is a Luxembourg subject residing in the Grand-Duchy"        
(6) The Thai Government reserve full right to enforce the provisions of the present Convention against foreigners in Thailand in accordance with the principles prevailing for applying Thai legislation to such foreigners        
(as a mandated teritory of New Zealand)        
(as a mandated territory of Australia) (including the territories of Papua and Norfolk Island and the mandated territories of New Guinea and Nauru )        
- Bahamas , Bermuda , Falkland Islands and Dependencies, Palestine , St. Helena , Trans-Jordan        
- Barbados, Basutoland, Bechuanaland, British Honduras, British Solomon Islands Protectorate, Ceylon, Cyprus, Fiji, Gambia (Colony and Protectorate), Gibraltar, Gilbert and Ellice Islands, Gold Coast, Hong-Kong, Kenya (Colony and Protectorate), Leeward Islands, Malay States [(a) Federated Malay States; (b) Non-Federated Malay States: Brunei, Johore, Kedah, Kelantan, Trengganu], Malta, Mauritius, Nigeria [(a) Colony, (b) Protectorate, (c) Cameroons under British Mandate], Northern Rhodesia, Nyasaland, Seychelles, Sierra Leone (Colony and Protectorate), Somaliland, Straits Settlements, Swaziland, Tanganyika Territory, Trinidad and Tobago, Uganda, Windward Islands, Zanzibar   (November 3rd, 1926 a)    
- Barbados, Basutoland, Bechuanaland, British Honduras, British Solomon Islands Protectorate, Ceylon, Cyprus, Fiji, Gambia (Colony and Protectorate), Gibraltar, Gilbert and Ellice Islands, Gold Coast, Hong-Kong, Kenya (Colony and Protectorate), Leeward Islands, Malay States [(a) Federated Malay States; (b) Non-Federated Malay States: Brunei, Johore, Kedah, Kelantan, Trengganu], Malta, Mauritius, Nigeria [(a) Colony, (b) Protectorate, (c) Cameroons under British Mandate], Northern Rhodesia, Nyasaland, Seychelles, Sierra Leone (Colony and Protectorate), Somaliland, Straits Settlements, Swaziland, Tanganyika Territory, Trinidad and Tobago, Uganda, Windward Islands, Zanzibar (November 3rd, 1926 a)        
- British Guiana (September 23rd, 1929 a)        
- Burma        
- Does not include any of the Colonies, Oveaseas Possessions, Protectorates or Territories under His Britannic Majesty's sovereignity or authority        
- Jamaica (August 22nd, 1927 a)        
- Newfoundland   (December 31st, 1925 a)    
- Newfoundland (December 31st, 1925 a)        
- Southern Rhodesia   (December 31st, 1925 a)    
- Southern Rhodesia (December 31st, 1925 a)        
1. It is prohibited to make or produce and to distribute sadistic, pedophilic and sodomitic publications of a pornographic nature        
1. See League of Nations , Treaty Series, vol. 27, p. 213        
10. See note 1 under "Bosnia and Herzegovina", "Croatia", "former Yugoslavia", "Slovenia", "The Former Yugoslav Republic of Macedonia" and "Yugoslavia" in the "Historical Information" section in the front matter of this volume        
11. In a communication received by the Secretary-General on 21 February 1974, the Government of the German Democratic Republic stated that [it] had declared the reapplication of the Convention as from 18 December 1958 . See also note 2 under " Germany " in the "Historical Information" section in the front matter of this volume        
12. In a notification received on 25 January 1974, the Government of the Federal Republic of Germany denounced the Convention. The denunciation was accompanied by the following declaration        
2. It continues to be prohibited to show pornographic motion pictures in public cinemas        
2. The Secretary-General, received on 6 and 10 June 1997 communications regarding the status of Hong Kong from China and the United Kingdom of Great Brtiain and Northern Ireland (see also note 2 under "China" and note 2 under "United Kingdom of Great Britain and Northern Ireland" in the "Historical Information" section in the front matter of this volume). Upon resuming the exercise of sovereignty over Hong Kong, China notified the Secretary-General that the Convention will also apply to the Hong Kong Special Administrative Region        
3. In respect of other pornographic publications, the following rules are upheld        
3. See note 1 under " Myanmar " in the "Historical Information" section in the front matter of this volume        
4. See note concerning signatures, ratifications, accessions, etc., on behalf of China (note 1 under " China " in the "Historical Information" section in the front matter of this volume)        
5. See note 1 under " Czech Republic " and note 1 under " Slovakia " in the "Historical Information" section in the front matter of this volume        
6. A notification of denunciation was received on 16 August 1967 . In communicating this notification, the Government of Denmark has informed the Secretary-General that the denunciation was intended to apply also in relation to the States parties to the 1923 Convention (chapter VIII.3) which had not yet become parties to the Protocol of 12 November 1947 amending the said Convention (chapter VIII.1). The denunciation took effect on 16 August 1968        
7. By a communication dated February 14th, 1936, the Japanese Government withdrew the declaration regarding Taiwan, Chosen, the leased territory of Kwantung, Karafuto and the territories under Japanese mandate, expressed at the time of signing the Convention. For the text of that declaration, see League of Nations , Treaty Series, vol. 27, p. 232        
8. This ratification, given subject to reservation, has been submitted to the signatory States for acceptance        
9. On 30 July 1985, the Secretary-General received from the Government of the Netherlands a notification of denunciation of the said Protocol and Convention. The notification specifies that the denunciation shall apply in respect of the Kingdom in Europe only and that the Protocol and the Convention will therefore remain in force in the Netherlands Antilles . The notification also indicated that the reason for the denunciation is the following        
Afghanistan   (May 10th, 1937a)    
Argentine Republic (a) signature net yet perfected by ratification      
Austria   ( January 12th, 1925)    
Bahamas , Bermuda , Falkland Islands and Dependencies, Palestine , St. Helena , Trans-Jordan   (May 23rd, 1927 a)    
Bahamas , Bermuda , Falkland Islands and Dependencies, Palestine , St. Helena , Trans-Jordan (May 23rd, 1927 a)        
Belgium   ( July 31st, 1926)    
Brazil   ( September 19th, 1931 )    
British Guiana   (September 23rd, 1929 a)    
British Guiana (September 23rd, 1929 a)        
Bulgaria   ( July 1st, 1924 )    
Canada   (May 23rd, 1924 a)    
China 4   ( February 24th, 1926 )    
Colombia   ( November 8th, 1934 )    
Costa Rica "      
Cuba   ( September 20th, 1934    
Czech Republic 5   30 Dec 1993 d    
Czechoslovakia 5   ( April 11th, 1927 )    
Denmark 6   [ 21 November 1949 a    
Egypt   (October 29th, 1924 a)    
Estonia        
Finland   ( June 29th, 1925 )    
France (3)   ( January 16th, 1940 )    
Germany   ( May 11th, 1925)    
Great Britain (1)   ( December 11th, 1925)    
Greece   (October 9th, 1929)    
Guatemala   (October 25th, 1933 a)    
Honduras "      
Hungary   (February 12th, 1929)    
In addition, the communication made by the Government of China contained the following reservation        
In its original version Section 184 of the Criminal Code contained a general prohibition to produce and circulate obscene publications. The newly adopted paragraphs of that Section, which will enter into force 14 months after the promulgation of the Fourth Law of 25 November 1973 for the Reform of Criminal Law, contain the following provisions        
Includes also the Belgian Congo and the mandated territory of Rwanda-Urundi        
India   ( December 11th, 1925 )    
Iran   (September 28th, 1932)    
Iraq   (April 26th, 1929 a)    
Ireland   ( September 15th, 1930 )    
Italy   ( July 8th, 1924 )    
Jamaica   August 22 1927a    
Japan 7 (4)   ( May 13th, 1936 )    
Latvia   ( October 7th, 1925 )    
Lithuania "      
Luxembourg 8 (5)   ( August 10th, 1927 )    
Mexico   9 Jan 1948 a    
Monaco   ( May 11th, 1925 )    
Morocco (May 7th, 1940 a)        
NOTES        
Netherlands 9   ( September 13th, 1927 )    
Norway   (May 8th, 1929 a)    
Notes        
Panama "      
Paraguay   (October 21st, 1933 a)    
Peru (a) "      
Poland   ( March 8th, 1927 )    
Portugal   ( October 4th, 1927 )    
Protection of the general public (e.g. the exhibition of pornographic publications is prohibited), protection of persons who do not wish to be confronted with pornography (it is forbidden to send unsolicited pornographic publications), and protection of youth (to protect the young, certain marketing methods such as mail order trade are prohibited; in addition, the Law places a total ban on advertising pornographic publications)        
Romania   ( June 7th, 1926    
Salvador   ( July 2nd, 1937 )    
San Marino   (April 21st, 1926 a)    
See note 2 under " Germany " in the "Historical Information" section in the front matter of this volume        
Slovakia 5   28 May 1993 d    
Spain   ( December 19th, 1924 )    
Switzerland   ( January 20th, 1926 )    
Thailand (6)   ( July 28th, 1924 )    
Turkey   ( September 12th, 1929 )    
Under the Fourth Law for the Reform of Criminal Law, Section 184 of the German Criminal Code as amended by Article 1 of this Law, departs in certain respects from the rules laid down in the International Convention of 12 September 1923 for the Suppression of the Circulation of and Traffic in Obscene Publications. The Government of the Federal Republic of Germany found it necessary, therefore, to denounce this International Convention        
Union of South Africa, including the mandated territory of South West Africa   ( Dec. 11th, 1925 )    
Union of Soviet Socialist Republics   (July 8th, 1935 a)    
Uruguay "      
Yugoslavia (former) 10   ( May 2nd, 1929 )    
Zimbabwe   1 Dec 1998 d    
[The Government of China ] will not be bound by the provisions of article15 of the [said Convention        
and Northern Ireland 2        
Keys:
  • Accession (a)
  • Acceptance (A)
  • Approval (AA)
  • Definitive Signature (s)
  • Formal confirmation (c)
  • Participation (P)
  • Notification (of provisional application, of special undertaking, etc) (n)
  • Ratification (Rt)
  • Reservation (r)
  • Succession (d)
© 1998 University of the South Pacific

PacLII: Copyright Policy | Disclaimers | Privacy Policy | Feedback| Report an error
URL: http://www.paclii.org/pits/en/status_pages/1923-1.html