Child+Pornography

=**"Virtual" Child Pornography**=

Additional Information On:

 * The Punishments for Internet Child Pornography Offenders
 * The Censorship of Internet Child Pornography

The increased uses of communication and information technologies have made child pornography a widespread global controversial concern. This controversy has made the implementation of state law difficult to sustain as there are no universal laws against this crime. The issue of child pornography has become a concern with the introduction of the World Wide Web, access to child pornography has become easier. Many different laws have emerged worldwide that tries to protect minors from pornography. Some of these laws are seen as violating freedom of speech and the press, according to artists and filmmakers. On the other hand, many feel that child pornography should be censored since it violates children. It is important to also note that the right to expression is extended to moral issues of sexuality and obscenity. Courts have decided that moral standards can’t be decided on national basis, which is why it is suggested that these standards be developed by local communities.(Straubhaar and LaRose, 487). Because of the differences in moral standards, it is very hard to establish what constitutes as child pornography.

Pornography can be films, magazines, writings, photographs, or other materials that are sexually explicit and intended to arouse sexual excitement in their audience. Deriving from the Greek words porne (“prostitute”) and graphein (“to write”), the word pornography originally referred to any work of art or literature dealing with sex and sexual themes (Microsoft).

Most countries agree on the basic definition of child pornography: sexually explicit material made with actual minors, usually less than 16 to 18 years of age, as subjects. Some countries, including the United States, Canada and United Kingdom prohibit “virtual” child pornography in addition to the “actual” variety. Virtual pornography comes in two forms: depictions in which adult models are made up to look like children, and artistic or computer simulations of children involved in sexual activity. Laws against virtual child pornography are controversial because they can cover a broad range of material, thus raising concerns about their impact on freedom of expression.

Relative to other concepts such as ‘obscenity’, child pornography is easier to classify. However, at the same time it is a non-trivial topic. In the United States, anyone who produces, possesses, or distributes images of minors engaged in sexual conduct, which are children under the age of seventeen, is illegal (AdultWebLaw). Generally speaking, the First Amendment does not protect child pornography, since child pornography laws are there to protect children. However, in some cases where the material is seen as pornographic, like a medical textbook displaying a child’s genital, can be protected by the First Amendment. But if such an image appeared on an adult website the image would no longer be protected (AdultWebLaw). The Child Pornography Prevention Act (CPPA) of 1996 defines ‘child pornography’ as: ‘any visual depiction, including any photography, film, video, picture, or computer or computer-generated image or picture, whether made or produced by electronic, mechanical, or other means, of sexually explicit conduct, where-

(A) the production of such visual depiction involves the use of a minor engaging in sexually explicit conduct; (B) such visual depictions is, or appears to be, to a minor engaging in sexually explicit conduct; (C) such visual depiction has been created, adapted, or modified to appear that an identifiable minor is engaging in sexually explicit conduct; or (D) such visual depiction is advertised, promoted, presented, described, or distributed in such a manner that conveys the impression that the material is or contains a visual depiction of a minor engaging in sexually explicit conduct…’ (Ananova News)

However, sections (B) and (D) were the subject of the dispute in the Supreme Court case, Ashcroft v. Free Speech Coalition. The case brought issues of freedom of speech that were restricted in sections (B) and (D) based on content and not considering the type of expression based on its content (Ananova News). In the end, the Supreme Court shot down the law, which would have hurt artistic expression (MacMillan). However, because of the increasing use of digital technologies, it has become harder to convict child pornographers (Parloff). The Child Obscenity and Pornography Prevention Act of 2003, looks at digitally morphed pornography. However, this bill simply outlaws any solicitation to sell or buy child pornography, and does not question whether or not computer-generated or transmitted pornography is real or fake child porn (MacMillan).

So as it can be seen, some material that is considered to be child pornography in the United States can be protected under the First Amendment. Because of this, to define what constitutes child porn is a difficult and challenging task.

Canada’s child pornography laws are similar to those in the United States, including the prohibition of virtual child pornography. The Canadian Criminal code considers child pornography to be a photographic, film, video or other visual representation, whether or not it was made by electronic means or mechanical means. It must show a person who is or is depicted as being under the age of eighteen years and is engaged in or is depicted as engaged in explicit sexual activity.

In the United Kingdom, child pornography ranges from pictures and short animated movies to sound files and stories. Thus, the person who distributes or displays any form of public indecency, regardless of its nature, whether it is printed matter, pictures, photographs, or audio visual means pornographic material via a computer network will be punishable. Commercial gain is not required, according to the Belgian Penal Code, (Contact point child porn on the Internet).

The issue of what exactly is considered to be child pornography in Asian countries is significant to discussing how cases of child pornography on the Internet are handled in Asian countries. More so, considering values and cultural differences across nations impact the application of relevant laws given the definition of child pornography in each country.

However, the definition of child pornography, in Asian countries, is very similar to that of Canada and other industrialized nations. Any film, video clip, publication including magazines and pictures as well as those on the Internet, which depicts persons under the age of majority (usually 18 or16 in Australia) engaged in sexual activity is considered to be child pornography. MAKO (Movement Against Kindred Offenders) A non-profit, non-government, Australian incorporation defines child pornography as “sexually explicit reproductions of a child's image - including sexually explicit photographs, negatives, slides, magazines, movies, videotapes and computer disks.” It goes on to distinguish between hardcore “which relates to images of children engaged in sexual activity” and soft core “which is not sexually explicit but involves naked and seductive images of children” (MAKO, ’02).

Russia differs widely from the countries mentioned above. There is no clearly defined concept of child pornography in Russia. As a result using legislation to fight and convict pedophiles is extremely difficult. Child pornography crisis is currently a large issue in Russia. Sadly there are about 20-30 percent of the homeless children in Moscow are involved in prostitution or child pornography, according to a 2001 study conducted by the International Program on the Elimination of Child Labor (IPEC) (Sandul, online). With over 100 child porn sites surfacing and disappearing daily, it is easy for pedophiles to lay low. The social outcasts in the business of child pornography make a substantial amount of money for the industry is a lucrative business. “Child pornography prices increase as the actors' ages decline: 200 rubles ($6.70) for tapes of children between the ages of 14 and 16; 300 rubles for kids 12 to 14; and 500 rubles for kids from 12 to 8 years old” (Sandul, online). Some sites make as much as $15,000 a month selling videotapes and photographs of children over the internet while the industry makes 100 million rubles a month on the 500,000 child pornography videos and DVDs it presses (Sandul, online).

Although most non-western countries might differ in terms of the age of legal consent, for the most part, they concur on the issue of sexual activity, whether suggested or implicit in pictures, in films and material displayed on the internet where such under-age persons are depicted.

Work Cited
AdultWeb Law. Child Pornography. (2002), accessed on March, 2003 http://www.adultweblaw.com/laws.childporn.htm

Ananova News. “US Child Pornography Legislation”. US Court legalises virtual pedophilia. (April 16, 2002), accessed on March, 2003. http://www.cyber-rights.org/reports/uscases.htm

MacMillan, Robert. Primer: Children, The Internet and Pornography. Washington Post. (March 5, 2003), accessed on March, 2003. [|http://www.washingtonpost.com/wp-dyn/articles/A39748-2002May31.html]

Microsoft® Encarta® Reference Library 2002. © 1993-2001 Microsoft Corporation. Movement Against Kindred Offenders (MAKO), http://www.mako.org.au/home.html What is Child Pornography? http://www.mako.org.au/whatischildp.html, 2002

Parloff, Roger. Virtual Victimless. American Lawyer 24.7. (July 2002)

Sandul, Irina. Russia's trade in child pornography. The Russian Journal Online, Available http://www.therussiajournal.com/index.htm?obj=5472. Feb 1 2002.

Straubhaar, J. and LaRose, R. Media Now: Communications Media in the Information Age 3rd ed. (Wadsworth Group 2002).