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The law broadly defines pornography as "any representation of the sexual parts of a person for primarily sexual excitement". [40] The law says that "a person shall not produce, traffic in, publish, broadcast, procure, import, export, sell or abet any form of pornography". Breaches of the law are punishable with up to ten years in jail. [43]
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Production and distribution of pornography is legal, and regulated by the Law 196/13.05.2003. [40] Child pornography is punishable with up from 1 to 5 years imprisonment, according to the article 374 of the Romanian Penal Code. [41] The status on zoophilic pornography in uncertain, as there no laws that ban or at least, define it.
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The Law on Protection of Public Morals of 20 November 2003, prohibits the production and circulation of pornography; dissemination of products that propagandize war or spread national and religious intolerance; humiliation or insult to an individual or nation on the grounds of nationality, religion, or ignorance; and the propagation of "drug ...
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The new law does not require sites to cut access to users but does say that users will be allowed to sue sites if their information is retained, which would be in violation of the law.