In brief

The main risk for individuals and content creators is that any public mention or depiction related to LGBTQ+ issues, gender transition, or childlessness may be classified as “propaganda”, even if it is neutral or informational in nature.

This means:

• Photos and social media posts (including in private or closed groups) may result in fines, detention, or other sanctions.

• Those who create or distribute content — including journalists, bloggers, activists, and community administrators — are at particular risk.

• The vague wording of the provision (notably the concept of “attractiveness”) gives authorities broad discretion in applying the law.

At present, Belarusian legislation contains several definitions of “propaganda” (including prohibitions on propaganda of pornography, violence and cruelty, and terrorism).

Under the new provision, “propaganda of homosexual relations, gender transition, childlessness, and paedophilia” is defined as “dissemination of information in any form with the aim of shaping in citizens the perception of the attractiveness of homosexual relations, gender transition, childlessness, or of presenting paedophilia as acceptable”. 

According to the Law on Information, “dissemination of information” refers to actions aimed at making information available to an indefinite circle of persons, while “information” includes data about persons, objects, facts, events, phenomena, and processes, regardless of the form in which it is presented. The form of dissemination includes oral, written, audio, and visual formats — that is, text, images, audio and video, as well as physical objects.

Photos and social media posts are therefore considered dissemination of information, as they may be accessible to an indefinite audience (including in closed groups or restricted-access posts).

The key “grey area” lies in the wording “with the aim of shaping perceptions of attractiveness”. The notion of “attractiveness” is a lay term with no precise legal definition and can be interpreted very broadly. The extent to which intent (the purpose of dissemination) will be taken into account remains uncertain and will depend on how enforcement practice develops.

A worst-case scenario would be that the mere public availability of information about sexual orientation, gender identity, or reproductive choice is treated as influencing “perceptions”. A less severe scenario would require that statements go beyond simply providing information about the existence of such phenomena and instead include a direct or indirect encouragement to view them as a norm or as a positive alternative.

It is evident that the Belarusian authorities are drawing on the experience of Russia, where similar administrative liability for “LGBT propaganda” was introduced in 2022. However, the definition of propaganda in Article 6.21 of the Russian Code of Administrative Offences is broader and makes it clear that, among other things, propaganda includes the formation of “a distorted perception of the social equivalence of traditional and non-traditional sexual relations”.

If Belarus follows the Russian approach, any mention — even neutral (i.e. non-negative) — of anything related to LGBTQ+ issues may be treated as “propaganda”.

 

How Belarusian law interprets the concepts of “homosexual relations”, “gender transition”, “childlessness”, and “paedophilia”

In brief

Belarusian legislation does not define concepts such as “homosexual relations” or “childlessness”. “Gender transition” is treated as a medical procedure, while “paedophilia” is addressed as a medical diagnosis, a criminal offence, and a category of prohibited imagery. This creates broad scope for arbitrary interpretation and application of the new law.

“Gender transition” is referred to in the Regulation of the Ministry of Health “On amendment and correction of sex designation”, which regulates the procedure for the “change or correction of sex designation” from a medical perspective, based on a diagnosis of “transsexualism” (F64.0). How this regulatory framework will operate in light of the prohibition on positive references to “gender transition” remains unclear and will depend on enforcement practice.

“Paedophilia” is a broad umbrella term used to describe sexual activity involving minors (i.e. persons below the age of consent). In Belarusian law, it appears in two main forms: as prohibited conduct and as prohibited imagery.

• Prohibited conduct (criminal offence): Article 168 of the Criminal Code defines this as “Sexual intercourse, male homosexuality, lesbianism or other acts of a sexual nature committed by a person who has attained the age of eighteen with a person known to be under the age of sixteen” (along with other provisions protecting the sexual integrity of persons below the age of consent — 16 years).

• Prohibited imagery: Under the updated definition of pornography, “non-traditional sexual relations and/or sexual behaviour” includes the depiction of paedophilia, defined as “sexual relations between persons, one of whom has not reached the age of 18”. A similar definition is used in Article 343-1 of the Criminal Code, which criminalises “materials, printed publications, films, video recordings or scenes of a pornographic nature, and other pornographic items depicting a person known to be a minor”.

In a strict medical sense, there is also a clinical definition: Paedophilia (ICD-10 code F65.4) is a disorder of sexual preference characterised by a persistent sexual attraction to children (boys, girls, or both), usually of pre-pubescent or early pubescent age, which leads to distress or adverse consequences and may manifest in sexual thoughts, fantasies, urges, or behaviour.

 

 

*Original wording and spelling of users’ questions have been preserved.

What exactly does “LGBT propaganda” mean in the wording of the law? Is there a legal definition?

The title of the new article of the Code of Administrative Offences is “Propaganda of homosexual relations, gender transition, childlessness, and paedophilia”. Based on the text of the article, this is understood as “the dissemination of information in any form with the aim of shaping in citizens the perception of the attractiveness of homosexual relations, gender transition, childlessness, or of presenting paedophilia as acceptable”. Definitions of “information” and “dissemination of information” are provided in the Law on Information.

The provision referring to the “aim of shaping perceptions of attractiveness” may be interpreted in very different ways (see the general overview above). Much will depend on how enforcement practice develops.

 

 

I am very afraid that gender transition will be banned (I still have two years to wait before I can transition). Do you think the commission will continue to operate after the law is adopted?

At present, there are no proposals in Belarus to amend the Regulation of the Ministry of Health “On amendment and correction of sex designation”, which approves the “Instruction on the procedure for the change and correction of sex designation at the request of an adult patient in state healthcare institutions”. Accordingly, the current procedure of the medical commission should not formally change. As before, the process of gender transition is regulated by medical standards. At the same time, monitoring of the work of the “Interdepartmental Commission for the Medical, Psychological and Social Rehabilitation of Persons with Gender Dysphoria”, conducted by TG House, indicates an increase in refusals since 2023.

If “propaganda of gender transition” is prohibited, the procedure itself — treated as strictly medical — is likely to remain in place. However, discussion of the procedure, as well as public sharing of experiences and advice on how to undergo it, may be treated as “propaganda”.

 

What should I personally do if I promote knowledge about queer culture, history, and memory? I live abroad, but people in Belarus — including minors — can access my social media and online publications.

Even if you are abroad, your content remains accessible to audiences in Belarus. This means that Belarusian authorities may initiate proceedings in relation to your content if they consider it to violate Belarusian law. Even if the prospect of administrative liability does not directly affect you, individuals inside Belarus who share your content or post links to it may fall under the “propaganda” provision. In addition, if your materials are published by online media outlets, their publishers — both individuals and legal entities — may also face administrative liability.

Please note: Article 19.16 of the Code of Administrative Offences prohibits “propaganda” of homosexual relations in general (Part 1), regardless of the age of the audience, and introduces stricter sanctions where such content is accessible to minors (Part 2).

It is also important to bear in mind that the new provision is broadly framed: there is no clear definition of what constitutes “LGBT propaganda”. Given the overall repressive environment, it can be expected that authorities will assess any queer-related content in a highly restrictive manner.

 

Should I delete all videos and photos related to LGBTQ+ topics? 

Visual content that may be seen as shaping perceptions of the “attractiveness” of LGBTQ+ topics may fall under the prohibition on “propaganda”. For this reason, it may be safer, at least for the time being, to keep such photos and videos in private archives.

As enforcement practice develops, it may become clearer what criteria law enforcement bodies will apply when determining what constitutes “propaganda”. At present, however, the scope for interpretation is broad.

It is also important to take into account the expanded definition of pornography adopted by the Ministry of Culture 2024.

 

Can they now detain me because of photos on my social media?

Photos on social media constitute a form of dissemination of information. If they are interpreted as aiming to shape perceptions of the “attractiveness of homosexual relations, gender transition, childlessness, or the acceptability of paedophilia”, they may be classified as “propaganda” under Article 19.16 of the Code of Administrative Offences.

Under Part 2 of the Article (where the content is accessible to minors), administrative detention may be applied, as well as fines or community service.

 

What kinds of actions or statements could potentially lead to a fine?

The provision applies to all forms of dissemination of information: oral and written speech, images, audio and video; social media posts, media publications, artworks exhibited in galleries, theatrical performances; educational courses, and much more.

In the absence of established enforcement practice, it is difficult to predict how important the intent behind dissemination will be. In other words, whether “propaganda” will be understood as requiring not merely mention of homosexual relations, gender transition, or childlessness, but also a direct or indirect encouragement to view these as a norm or to follow such a path.

That is, statements would need not only to inform about the existence of such phenomena, but also to present them as desirable, attractive, or positive alternatives.

We emphasise once again: the wording of the provision is vague, and there is as yet no established enforcement practice. It is therefore not possible to determine with certainty what will be treated as “propaganda”.

 

Who exactly can be affected by this law — only content creators, or also readers and viewers?

The new article establishes liability for the “dissemination of information in any form…”. This means that the law applies not only to content creators, but also to those who further disseminate content or contribute to its spread — including by liking, sharing, or reposting.

Consumers of information (readers and viewers), provided they do not disseminate content or contribute to its promotion, are not directly targeted by this provision.

 

How does the new provision affect the regulation of “pornography”?

The 2024 Regulation of the Ministry of Culture, which expanded the definition of “pornography”, did not address informational content related to LGBTQ+ topics; enforcement risks were primarily associated with sexualised content. With the introduction of the new “propaganda” provision, the situation becomes significantly more risky: even neutral references to “homosexual relations, gender transition, or childlessness” may now be treated as “propaganda”.

 

How can you protect yourself if you create or share LGBTQ+ content? (Legal guidance for authors, activists, and bloggers)

In conditions of systemic disregard for the rule of law, it is not possible to fully protect oneself from arbitrary interpretation of legislation.

Use platforms located outside the Belarusian jurisdiction. Do not rely on the promotion of your content by users within the country.

Given that Part 2 of the Article enshrines stricter sanctions where minors are exposed to content, it is advisable to include age restrictions (18+) on relevant materials.

 

What steps can a person take if proceedings are initiated against them under this Article?

Individual circumstances may vary significantly, and it is therefore advisable to discuss a defence strategy with a qualified attorney, taking into account your specific situation.

Mitigating circumstances are listed in Article 7.2 of the Code of Administrative Offences. These include, in particular, “voluntary cessation of unlawful conduct” — for example, removing from public access information that may be considered “propaganda”.

 

What international protection mechanisms may be available in cases of pressure or persecution?

Pressure and persecution may take different forms. At present, individual complaints are only possible under CEDAW (the Convention on the Elimination of All Forms of Discrimination against Women), in relation to violations of rights guaranteed under that Convention.

There are a number of Belarusian organisations and initiatives that help bring information about the situation to international bodies (including UN and the OSCE). Unfortunately, Belarus continues to ignore findings of human rights violations adopted by international mechanisms.

 

Can participation in international campaigns or submitting complaints to the UN or other international bodies be an effective strategy?

Although the law has already been adopted, any actions that highlight the unacceptability of legally entrenched direct discrimination on the grounds of sexual orientation, gender identity, and reproductive choice remain important. Such efforts help to document violations and keep the issue on the international agenda. However, when engaging in advocacy activities, it is essential to carefully assess the risks and prioritise your safety.

 

What should you do if inspections or threats begin on this basis? Where can you seek help?

Given the broader social and (non-)legal context of homophobia, queerphobia, and transphobia — where specific legislation is not always necessary for pressure to take place — it is important to understand who is behind the threats (state authorities or private individuals).

There are a number of initiatives that provide support to LGBTQ+ people and can offer guidance tailored to individual circumstances.

You may contact Legal Hub for a personal consultation. ANONYMOUS. FREE OF CHARGE.

You may also contact the Belarusian Helsinki Committee for advice on using international mechanisms. However, please note that the BHC has been designated as an extremist formation. Any interaction with the organisation (including via social media, requests for assistance, or participation in educational activities) may be treated as an offence and may carry a risk of criminal liability.

Support may also be available from organisations working with LGBTQ+ people. Their contacts can be found on Instagram and through community networks.