User:MrMeAndMrMe/Sandbox2

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Clothing laws are very different around the world. In most countries, there are no laws that make people wear clothes. However, many cultures indirectly prosecute people who don't wear the amount of clothing that is socially approved. People who do not wear enough clothes can be prosecuted in many places. Some offenses include indecent exposure, public indecency or nudity.

Most clothing laws are about which parts of the body cannot be seen by other people. Some countries have strict clothing laws. Many Islamic countries have strict laws. Other countries allow nudity. Many countries have different laws that are different from men to women.[1]

There are usually also separate laws to control obscenity. This includes certain ways of seeing people undressed. Some laws also are about child pornography.

In some countries, non-sexual toplessness is legal. However, private or public establishments can create a dress code. A dress code makes visitors to wear a certain type of clothing.

There are some countries that have nude public events. Nudity is allowed more than usual in these events. This includes nude beaches and naked bike rides.

There are also many laws that say what certain people must wear. For example, some laws make a person in authority to wear a certain uniform. For example, police officers on duty might have to wear a uniform. It may also be illegal for the general public to wear a police officer's uniform. This may also be true for firefighters, lawyers and judges.

In many countries, workers have to wear protective clothing. This includes safety helmets, shoes, vests, or anything else that can help. This is usually enforced by the employer. Health regulations can also make people that work with food to wear hair covering or gloves.

In some countries, the country controls the amount of clothes that a person has on TV.

Australia[change | change source]

Indecent exposure in Australia only refer to the genitals. Many local councils in Australia also make local roles, however and can ask topless people to leave an area.[2] Women who are topless are also sometimes charged with being a public nuisance or offensive behaviour.[3]

Local bylaws are not heavily enforced in public beaches. Women can usually sunbathe topless here without issues.[2]

Breastfeeding in public is a legal rights in Australia. No business or service provider in Australia can discriminate against a breastfeeding woman. This is because of the Sex Discrimination Act 1984.[4]

Brazil[change | change source]

In the Title VI of the Penal Code, the fourth chapter is mostly about the crime called "public outrage [related] to modesty" (Portuguese: ultraje público ao pudor, pronounced: [uwˈtɾaʒi ˈpublikwaw puˈdoʁ]).

This chapter has two articles. The first one is Article 233, called the "Obscene Act." "to practice an obscene act in a public place, or open or exposed to the public", punished with arrest of three months to one year or a fine. The second article is Article 234. "Obscene Written Piece or Object". This act will arrest you for six months to one year or a fine for importing, exporting, purchase or have in one's property, to ends of trade, distribution or public display, any written, drawn, painted, stamped or object piece of obscenity.[5]

translated up to here

It is often used against people who expose their nude bodies in public environments that were not warranted a license to cater to the demographic interested in such practice (the first such place was the Praia do Abricó in Rio de Janeiro, in 1994), even if no sexual action took place, and it may include, for example, a double standard for the chest area of women and men in which only women are penalized. Such a thing took place in the 2012 FEMEN protests in São Paulo.[6]

Criticism[change | change source]

Pervasive points of criticism to the legislation have included:[7]

  • They do not attack anyone's sexual dignity, instead causing outrage at best, but generally just extreme discomfort or embarrassment, that can be easily avoided through not looking to such a scene.
  • The Art. 234 is aside obsolete, unconstitutional, for the 1988 post-military dictatorship Constitution having in its Fifth Chapter: "[the people] are free to the expression of intellectual, artistic, scientific and communicative activity, independently of censorship and license", reason to which, instead of making it suffer penal restriction, gives any distribution of media the right to be fully exerted.
  • The flourishing Internet culture of Brazil, where such clearly banned media is freely shared in a public place, as well as its pornographic industry and sex shops.

Exceptions[change | change source]

Brazil has about 35 spaces open or mostly open to the public where it is possible to freely practice nudism, its sole public spaces being 8 beaches. They are not criminalized when the clothes-free area is private and away from a view from the street, or through legislation when the beaches are officiated by a municipal decree, for example. It has hosted the meeting of the International Federation of Naturism in 2008, and there is a growing interest in the practice.[8]

Canada[change | change source]

In Canada, s.173 of the Criminal Code[9] prohibits "indecent acts". There is no statutory definition in the Code of what constitutes an indecent act (other than that the exposure of the genitals for a sexual purpose to anyone under 16 years of age),[10] so the decision of what state of undress is "indecent", and thereby unlawful, is left to judges to decide. Judges have held, for example, that nude sunbathing is not indecent.[11] Also, streaking is similarly not regarded as indecent.[12][13] Section 174 prohibits being "nude" in a public place or in public view without "a lawful excuse", but defines "nude" only as being "so clad as to offend against public decency or order". The courts have found that nude swimming is not offensive under this definition.[14]

Toplessness is also not an indecent act under s.173. In 1991, Gwen Jacob was arrested for walking in a street in Guelph, Ontario, while topless. She was acquitted in 1996 by the Ontario Court of Appeal on the basis that the act of being topless is not in itself a sexual act or indecent.[15] The case has been referred to in subsequent cases for the proposition that the mere act of public nudity is not sexual or indecent or an offence.[16] Since then, the court ruling has been tested and upheld several times.

A Canadian legal advice web site observes, "Canada has a tangle of confusing and inconsistently-enforced nudity laws. ... The public nudity section is one of the few areas of the Criminal Code that requires the attorney general's consent to lay a charge, implying a certain grey area around what constitutes illegal nudity. According to the government's Public Prosecution Service, the attorney general's consent is needed for two reasons: to avoid the specific harm that could result from prosecuting an innocent person; and to avoid the general harm resulting from prosecuting a case that is not in the public interest.[17]

Germany[change | change source]

Germany has a long history of allowing mixed sex public nudity in designated areas (e.g., beaches and parks). This was true before WWII, after WWII in both West and East Germany, and currently. Some of these areas are where clothing is optional and some are where clothing is forbidden (i.e., mandatory nudity). In non-designated areas, appearing nude in public "counts as a minor breach of the law. Prosecutions can follow if another citizen is offended, but few ever are."[18]

India[change | change source]

In India, British colonial acts such as "indecent exposure", "public indecency", and so on, that involve exposure of a specific body part (genitals, buttocks, anus, nipples on women), a specific intention or effect (being sexually suggestive, offending or annoying observers) are illegal.

People in India have the right to wear any dress they like. The Constitution of India gives their citizens the right to wear anything as per their comfort.

Iran[change | change source]

Police and religious morality agencies punish women and men on a daily basis since 1979.[19][20] Following the dress code is required for buying public transport cards; signs noting this are required to be displayed in every public, private, and government service location.[21]

New Zealand[change | change source]

In New Zealand, there is no specific law prohibiting nudity in public places. If a person is nude and also exhibiting lewd and lascivious, or obscene behaviour, then they may fall foul of obscenity laws.[22]

The Police Offences Act 1908 prescribed imprisonment with hard labor for anyone who "willfully and obscenely exposes his person in any public place or within the view thereof". Male offenders could, at the court's discretion, also be sentenced to be whipped.[23] This was replaced in 1981 by the Summary Offences Act, which abolished the hard labor and whipping and changed the offence to consist of the intentional and obscene exposure of the "genitals" rather than the "person".[24] As well as excusing exposure of the buttocks or female breast from the offence, the change implies – since the words "genitals" and "obscenely" are both specified – that neither one can be automatically taken to imply the other. Public nudity is generally prosecuted under the offensive behaviour or disorderly conduct provisions instead.

The High Court of New Zealand has upheld a conviction of disorderly conduct for nudity in the street, because it was not a place where nudity was known to occur or commonplace. Being nude in the street is likely to incur a small fine if a complaint is made against the person, or if the person ignores a police order to cover themselves. However in practice, the likelihood of being prosecuted for nudity on a public beach is low, and in the past authorities have declined to prosecute topless and nude people on beaches.[22][25][26]

In 1991, a High Court judge quashed a conviction of offensive behaviour for nudity on a beach in the presence of children, on the grounds that, since the beach in question was "a place where it was not uncommon for persons to sunbathe in the nude", a reasonable person would "regard the conduct... as inappropriate, unnecessary, and in bad taste, but not arousing feelings of anger, disgust, or outrage."[27] New Zealand is a common law country, which means that judicial decisions determine the law that subsequent cases must follow.

Qatar[change | change source]

In Qatar, the penal code punishes and forbids the wearing of revealing or indecent clothes,[28] this dressing-code law is enforced by a government body called "Al-Adheed". In 2012, a Qatari NGO organized a campaign of "public decency" after they deemed the government to be too lax in monitoring the wearing of revealing clothes; defining the latter as "not covering shoulders and knees, tight or transparent clothes".[28] The campaign targets foreigners who constitute the majority of Qatar's population.[28]

Singapore[change | change source]

In Singapore, public nudity and nudity in private premises exposed to public view are illegal under section 27A of the Miscellaneous Offences (Public Order and Nuisance) Act.[29]

South Africa[change | change source]

In South Africa specific clothing laws exist for the general public. Nudity is treated under indecent exposure. On 3 April 2015 the country's first official clothing optional beach, Mpenjati Beach near Trafalgar in KwaZulu-Natal, opened after the Hibiscus Coast Local Municipality approved the South African Nudist Association's (SANNA) application. Although nudity has gradually been tolerated on Sandy Bay in Cape Town after the National Party (NP) lost the election in 1994, and strict enforcement of its moral values is no longer applied, it is not an official legally recognised public nude beach. Full or partial nudity may also be tolerated on other beaches or at least turned a blind eye towards.

United Arab Emirates[change | change source]

Since 2008, the municipality of Dubai in the United Arab Emirates has ensured that signs are posted on beaches warning women against topless bathing and indecent exposure contrary to the cultural values of the UAE. There is no fine for breaking this rule, however a warning is issued and if necessary, ejection from the beach. This was said to be in response to residents' complaints about tourists sunbathing topless or nude and changing their clothes in public.[30]

There are also signs at malls and shopping centers that advocates modest clothing which indicates that shoulders and knees must be covered, and public nudity is against the law. Violation of the law lead to a warning to cease and desist at first and would be followed with arrest if the person chooses to disobey the law.

United Kingdom[change | change source]

There are three legal jurisdictions in the United Kingdom (England and Wales, Scotland, and Northern Ireland). There are a further three jurisdictions that are Crown dependencies (Isle of Man, Bailiwick of Guernsey and Bailiwick of Jersey). The details of the law regarding public nudity differ substantially between them. In general nudity is not an explicit offence but there are various offences that may apply to nudity in unsuitable circumstances. What constitutes unsuitable circumstances varies according to the jurisdiction but nudity is legal in a much wider range of circumstances than many people assume.

The Crown Prosecution Service has published guidance for England and Wales;[31] as have the College of Policing.[32]

British Naturism has published guidance for England and Wales, and Scotland. They are preparing guidance for Northern Ireland.[33]

In England and Wales the two statutes most likely to be applicable are s.5 Public Order Act 1986, and for aggressive nudity s.66 Sexual Offences Act 2003.

Stephen Gough, popularly known as the Naked Rambler, has been repeatedly prosecuted for public nudity in the UK.[34]

United States[change | change source]

In the United States there are variety of different offenses, such as "indecent exposure", "public lewdness", "public indecency", "disorderly conduct" and so on, which may involve exposure of a specific body part (genitals, buttocks, anus, nipples on women), or a specific intention or effect (being sexually suggestive, offending or annoying observers). In some cases, a member of the opposite sex must be present. In Florida, designated nudity areas are given an explicit exception. There are also some specific prohibitions against sexual acts, such as having sexual intercourse in public, or publicly caressing someone in a sexual way. In Indiana and Tennessee, there are specific prohibitions against showing a noticeably erect penis through clothing, or other sensitive areas through semi-transparent clothing. In some states, indecent conduct can also occur on private property, depending on the intent or effect of the act. In some cases there are exceptions for spouses, breastfeeding, and in New York, theatre performances. In most states, there is a governing state statute which defines the offense; in Maryland and Massachusetts, indecency is defined by case law.[35] Some local (county and municipal) governments also regulate personal exposure, as well as commercial activities such as strip clubs.

Case law in general governs the interpretation of the statutory definition, and in some cases allows for additional exceptions.[36][37]

In general, exposure of the head, upper chest, and limbs is legal, and considered socially acceptable except among certain religious communities.

Federal, state, and local regulations for certain occupations require various pieces of protective clothing for the safety of the wearer. Such items include hard hats, safety vests, life jackets, aprons, hairnets, and steel-toe boots.

In the first decade of the twenty-first century, there was some controversy in some southern U.S. states over the wearing of trousers so low as to expose the underwear (sagging). The practice was banned in some places.

Some states and towns have loose, or no, regulations for requiring clothing. The city of San Francisco has a history of public nudity, including at public events such as Bay to Breakers. The town of Brattleboro, Vermont, experienced a brief period during which there was public nudity, until a law was passed banning it.[38]

Summary of various countries[change | change source]

A map of countries with a burqa ban. Map current as of 2023.
Europe Burqa Bans. Map current as of 2023
  National ban – country bans women from wearing full-face veils in public
  Local ban – cities or regions ban full-face veils
  Partial ban – government bans full-face veils in some locations
Country Attire laws Maximum penalty
France Private parts must be covered except in the areas where it is permitted or tolerated. Naked chests are legal except in the urban zones where there are by-laws or municipal rules. The burqa is banned. article 222-32: "Publicly visible sexual exhibition in public zones" punishable by 1 year of imprisonment and 15,000 fine.
Germany There are no explicit legal regulations on clothing in Germany. Nudity on private grounds is considered as legal even if visible from outside. The same applies for naked sunbathing as long as not otherwise stated by local laws. On the other hand, naked jogging or naked cycling have been considered in certain circumstances as public nuisance by several courts.


Note: The German Penal Code determines "exhibitionism" (sec. 183) as an act of public exposure committed by a man for sexual arrousal and "causing a public disturbance" (sec. 183a) as a sexual activity in public. Therefore, non-sexual nudity is not considered as crime or misdemeanour.

Section 118 of the Act on Regulatory Offences: "(1) Whoever commits a grossly offensive act which is apt to disturb or endanger the public and to prejudice public order shall be deemed to have committed a regulatory offence.


(2) The regulatory offence may be sanctioned by a regulatory fine unless the act may be sanctioned pursuant to other provisions."

The regulatory fine is between 5 and 1.000 Euros (sec. 17 (2) of the act). More likely, the local or state police may politely demand to cover up without further sanction or a cautionary fine of 5 to 55 Euros if immediately obeyed (sec. 56 (1) of the act).

Netherlands Nude recreation in the Netherlands has been described in article 430a of the criminal law. The city council can designate public places found suitable for nude recreation. Nude recreation in such places is always allowed. This does however not mean it is forbidden everywhere outside these designated places. It is only disallowed in places accessible to the general public found unsuitable for nude recreation. Whether a place is suitable or not is decided by the judge, not by the government. There have been a number of law cases about this, so jurisprudence is available. In general most places have been found suitable. A fine of the first category (maximum €410,-).
Spain Spanish law does not have any national article that prohibits public nudity. However, local laws have been introduced and Barcelona for example has banned nudity or semi-nudity on its streets.[39] Local fines may apply – in Barcelona from €120 to €500, in Mallorca, Alicante and Malaga up to €700.
Sudan Females must wear dresses, and socks. "indecent or immoral dress" punishable by 40 lashes, a fine, or both.
Qatar Clothes must cover shoulders and be lower than knees. Soles of feet or shoes should not be shown. No public affection. Unspecified reprimand.
US State laws vary, from no proactive ban on nudity, to bans on breastfeeding. Indecent exposure and lewd conduct is illegal and its definition is based on case law. Someone convicted of felony indecent exposure can be punished with: Incarceration, fines, probation, community service. Sexual offender registry in some states.
Italy Fine from 5,000 € to 30,000 €, or whoever exposes in a place or nearby a place attended by minors, may be sentenced from 4 months to 4 years and 6 months imprisonment, as per the art. 527 Codice Penale.

See also[change | change source]

References[change | change source]

  1. Kirby, Kathleen M. (1996). Indifferent boundaries: spatial concepts of human subjectivity. Guilford Press. p. Chapter 5. doi:10.1177/147447409800500207. ISBN 0-89862-572-6. OCLC 33281195.
  2. 2.0 2.1 Jager, Chris (Nov 30, 2015). "Is it legal to sunbathe topless in Australia?". Lifehacker. Retrieved Nov 12, 2018.
  3. Gillespie, Katherine (2016-03-11). "how to legally #freethenipple in australia". i-d.vice.com. Retrieved 2023-06-19.
  4. "Breastfeeding in public - your legal rights". Australian Breastfeeding Association. Aug 2016. Retrieved 12 Nov 2018.
  5. "DJi -233 a 234- DL-002.848-1940 - Còdigo Penal - Ultraje Público ao Pudor" (in Portuguese). Archived from the original on 18 September 2013.
  6. "Category". Para Entender Direito. Retrieved 1 November 2017.
  7. Paulo Queiroz. "A propósito dos crimes de ultraje público ao pudor" (in Portuguese). Archived from the original on 21 February 2014.
  8. "Conheça praias de nudismo e saiba como se comportar". Vidaeestilo.terra.com.br. Retrieved 1 November 2017.
  9. "Part V -- Sexual Offences, Public Morals and Disorderly Coduct". Efc.ca. Retrieved 1 November 2017.
  10. Branch, Legislative Services. "Consolidated federal laws of canada, Criminal Code". Laws-lois.justice.gc.ca. Retrieved 1 November 2017.
  11. R. v. Beaupré, 1971, British Columbia Supreme Court. Held: "mere nude sunbathing is not of sufficient moral turpitude to support a charge for doing an indecent act."
  12. R v Springer, 1975, Saskatchewan District Court
  13. R v Niman, 1974, Ontario Provincial Court
  14. R v Benolkin, 1977, Saskatchewan Court of the Queen's Bench. It was found that "this offence is not aimed at conduct such as swimming nude at an isolated beach, even where the accused misjudges the loneliness of the beach".
  15. "Judgment C12668, R. vs. Jacob". Province of Ontario Court of Appeal. 1996-12-09. Archived from the original on 2012-11-21. Retrieved 2009-02-16.
  16. District of Maple Ridge v. Meyer, 2000 BCSC 902 (CanLII). See esp. para [49] and [55].
  17. "FindLaw Canada | Is it legal to be naked in Canada?". criminal.findlaw.ca. Retrieved 2019-01-11.
  18. "Nudity in Germany: Here's the naked truth". CNN.com. Retrieved 29 November 2019.
  19. Shahla, Arsalan (8 April 2023). "Iran Vows to Prosecute Women, Close Businesses That Shun Hijab". Bloomberg – via MSN.
  20. Hakakian, Roya (6 April 2023). "The Poisonous Atmosphere That Pervades Iran". The Atlantic – via MSN.
  21. "جزییات محدودیت های جدید در مشهد/ عضو شورای شهر: ماموران مترو می‌توانند به «زنان بد حجاب» تذکر لسانی دهند/ این هشدار است؛ هدف این است که در آینده خدمات عمومی برای زنان بدحجاب سلب شود". پایگاه خبری جماران.
  22. 22.0 22.1 "Nudity in Public - Legal Aspects". www.freebeaches.org.nz. Retrieved 2019-01-11.
  23. "Police Offences Act". Article 41, Act of 1908 (PDF). New Zealand House of Representatives. Retrieved 2019-12-15.
  24. "Summary Offences Act". Article 27, Act of 1981. New Zealand House of Representatives. Retrieved 2019-12-15.
  25. "Nudity not necessarily an offence". Stuff. 26 January 2012. Retrieved 2019-01-11.
  26. "Battle for the beach: Nudists clash with Papamoa beachgoers". NZ Herald. 2017-03-25. ISSN 1170-0777. Retrieved 2019-01-11.
  27. Ceramalus v Police, AP No 76/91 (High Court of New Zealand 1991-07-05).
  28. 28.0 28.1 28.2 "Organizers are calling this campaign "One of Us" - not "No Nudity"". Doha News. Archived from the original on 13 June 2012. Retrieved 7 June 2012.
  29. Template:Singapore legislation, section 27A(1)
  30. "Dubai takes action on 'indecent' sunbathing". Thenational.ae. 8 July 2008. Retrieved 1 November 2017.
  31. "Nudity in Public - Guidance on handling cases of Naturism". Crown Prosecution Service. Crown Prosecution Service. Retrieved 28 May 2017.
  32. "Briefing note - Public nudity advice and decision aid" (PDF). College of Policing. Retrieved 22 September 2019.
  33. "Free Range Naturism - Legal Guidance". British Naturism. British Naturism. Retrieved 28 May 2017.
  34. Forsyth, Neil (23 March 2012). "The Naked Rambler: the man prepared to go to prison for nudity". Theguardian.com. Retrieved 1 November 2017.
  35. "Naturist State Laws". Nudistlaw.com. Retrieved 1 November 2017.
  36. Morton, Robert. "US District Courts". Naturisteducation.org. Retrieved 1 November 2017.
  37. "Nudist Court Cases". Nudistlaw.com. Retrieved 1 November 2017.
  38. "The One and Only - Brattleboro Vermont". 15 March 2013. Archived from the original on 15 March 2013. Retrieved 1 November 2017.
  39. Garrido, CNA / Rafa. "Barcelona City Council bans nudity and semi-nudity on the streets". www.catalannews.com. Retrieved 2019-01-11.

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