Public Nudity - Legal Position

Legal Position

While it is often accepted in western countries that a naked human body is not in itself indecent, the circumstances of its exposure, and any offence caused to others, may be deemed offensive or disorderly. That principle is reflected in depiction of the human form in art of various forms. This is the position, for example, in Germany and Spain, although local laws in the latter country can stipulate that public nudity is either restricted or not permitted. In Barcelona public nudity used to be regarded as a recognised right, although there have been successful prosecutions for public nudity even there and a local ordinance by the local council in May 2011 empowers the authorities to impose a fine for nudity and even being bare chested. In the Netherlands public nudity is allowed on sites that have been assigned by the local authorities and other suitable places which effectively means any complaint will cause one to be arrested as a complaint is indication that the place was not "suitable".

On the other hand, it is also recognised that there are large numbers of people who are, for various reasons, offended by and even distressed with displays of nudity. To accommodate these apparently conflicting principles, the courts will intervene only if there is evidence of intent either to cause offence or to behave indecently, or where such offence is a likely or foreseeable outcome. However, the exact standards of "decency" are subject to local community standards, which vary with time, place and circumstances. In general, public nudity with any perceived sexual element will be prosecuted, as it will if it is considered to be exhibitionist in character or involves exposure to children.

In many countries public nudity is forbidden outright on the basis that nudity is inherently sexual. Many states of the United States fine offenders on that basis—see Indecent exposure in the United States. In many contexts, public nudity has been more accepted, especially at designated areas such as nude beaches and, even in the United States, e.g. during World Naked Bike Ride events or Bay to Breakers. In some states, such as Oregon, public nudity is legal and protected as free speech, as long as there is not the "intent to arouse".