Debate regarding child pornography laws
Encyclopedia
While laws criminalizing child sexual abuse
now exist in all countries of the world, more diversity of views exists on questions like exactly how young those depicted in pornography
should be allowed to be, whether the mere possession of child pornography
should be a crime, or whether sentences for such possession should be modified.
Ninety-four of 187 Interpol
member states had laws specifically addressing child pornography as of 2008, though importantly, this does not include nations that ban all pornography. Of those 94 countries, 58 criminalized possession of child pornography regardless of intent to distribute.
The United Nations Optional Protocol on the Rights of the Child requires states to outlaw the "producing, distributing, disseminating, importing, exporting, offering, selling or possessing for the above purposes" of child pornography. The Council of Europe's Cybercrime Convention, and the EU Framework Decision that became active in 2006, require signatory or member states to criminalize all aspects of child pornography. Article 34 of the United Nations Convention on the Rights of the Child (UNCRC) stated that all signatories shall take appropriate measures to prevent the exploitative use of children in pornographic performances and materials.
In 2007, Hungary considered legalizing pornography involving 14- to 17-year-olds for home use. In 2009, the Vermont legislature passed a bill legalizing the consensual exchange of graphic images between two people 13 to 18 years old.
In the United States, some federal judges have argued that the U.S. Sentencing Guidelines' recommended penalties for possessors of child pornography are too harsh. Judge Jack B. Weinstein criticizes that the mandatory sentence for possession of child pornography is often higher than the penalty for actually committing the act of child abuse. Furthermore, child pornography prosecution has led to dozens of suicides, some of them among the innocently accused. The requirement that people convicted of merely possessing child pornography pay restitution has been criticized by some judges and law professors. This has been particularly controversial in cases involving millions of dollars of restitution, as in those pertaining to the Misty Series
. But in 2010, the US Ninth Circuit Court of Appeals ruled that restitution directly to depicted minors was an appropriate penalty for possession of child pornography.
During the nomination process at the 2008 Libertarian National Convention, anarcho-capitalist and U.S. Presidential candidate Mary Ruwart
came under fire for her comment in her 1998 book, Short answers to the tough questions, in which she stated her opposition not only to laws against possession of child pornography but even against its production, based on her belief that such laws actually encourage such behavior by increasing prices. Shane Cory, on behalf of the minarchist United States Libertarian Party in his role as executive director, issued a response saying, "We have an obligation to protect children from sexual exploitation and abuse, and we can do this by increasing communication between state and federal agencies to help combat this repulsive industry. While privacy rights should always be respected in the pursuit of child pornographers, more needs to be done to track down and prosecute the twisted individuals who exploit innocent children." Cory resigned after the party refused to vote on a resolution asking states to strongly enforce existing child porn laws.
are G8 nations that have not outlawed the simple possession of child pornography.
Today, Japanese law permits the simple possession of child pornographic images if there is no intention of selling or distributing them. The United States ambassador to Japan has stated that Japan's lack of laws restricting possession of child pornography has impeded international efforts in the investigation of child pornography rings. In June 2008, a bill proposing the ban on child pornography possession was submitted to the Japanese House of Representatives
, where it was brought before the Diet in September.
In October 2007, a public opinion poll taken by the Japanese government showed that 86.5% of respondents favored regulation on art depicting child pornography, while 90.9% endorsed regulation of "harmful materials" on the Internet. Some harbor doubts about the opinion poll because of reports that the interview employs leading question
s, and presents an inherently biased viewpoint. Non-government opinion polls indicate the opposite result, i.e. 10.35% in favor of punishing possession, and 47.71% against.
The Liberal Democratic Party
and the New Komeito Party
proposed to prohibit possession without distribution, but the Democratic Party of Japan
presented a counterproposal to prohibit the taking over from anyone. The House of Representatives was dissolved on July 21, 2009, therefore the proposals to revise the law on the table were withdrawn.
During the general election
of the House of Representatives in August 2009, politicians' opinions were divided, as shown in answers to open letters from a civilian organization.. People who opposite to simple possession control have wariness of false accusation.
Child sexual abuse
Child sexual abuse is a form of child abuse in which an adult or older adolescent uses a child for sexual stimulation. Forms of child sexual abuse include asking or pressuring a child to engage in sexual activities , indecent exposure with intent to gratify their own sexual desires or to...
now exist in all countries of the world, more diversity of views exists on questions like exactly how young those depicted in pornography
Pornography
Pornography or porn is the explicit portrayal of sexual subject matter for the purposes of sexual arousal and erotic satisfaction.Pornography may use any of a variety of media, ranging from books, magazines, postcards, photos, sculpture, drawing, painting, animation, sound recording, film, video,...
should be allowed to be, whether the mere possession of child pornography
Child pornography
Child pornography refers to images or films and, in some cases, writings depicting sexually explicit activities involving a child...
should be a crime, or whether sentences for such possession should be modified.
Ninety-four of 187 Interpol
Interpol
Interpol, whose full name is the International Criminal Police Organization – INTERPOL, is an organization facilitating international police cooperation...
member states had laws specifically addressing child pornography as of 2008, though importantly, this does not include nations that ban all pornography. Of those 94 countries, 58 criminalized possession of child pornography regardless of intent to distribute.
The United Nations Optional Protocol on the Rights of the Child requires states to outlaw the "producing, distributing, disseminating, importing, exporting, offering, selling or possessing for the above purposes" of child pornography. The Council of Europe's Cybercrime Convention, and the EU Framework Decision that became active in 2006, require signatory or member states to criminalize all aspects of child pornography. Article 34 of the United Nations Convention on the Rights of the Child (UNCRC) stated that all signatories shall take appropriate measures to prevent the exploitative use of children in pornographic performances and materials.
Specific laws
In 1999, in the case of R. v. Sharpe, British Columbia's highest court struck down a law against possessing child pornography as unconstitutional. That opinion, issued by Justice Duncan Shaw, held, "There is no evidence that demonstrates a significant increase in the danger to children caused by pornography," and "A person who is prone to act on his fantasies will likely do so irrespective of the availability of pornography." The Opposition in the Canadian Parliament considered invoking the notwithstanding clause to override the court's ruling. However, it was not necessary because the Canadian Supreme Court overturned the decision with several findings including that viewing such material makes it more likely that the viewer will abuse, that the existence of such materials further hurts the victims as they know of its existence and that the demand for such images encourages the abuse.,In 2007, Hungary considered legalizing pornography involving 14- to 17-year-olds for home use. In 2009, the Vermont legislature passed a bill legalizing the consensual exchange of graphic images between two people 13 to 18 years old.
In the United States, some federal judges have argued that the U.S. Sentencing Guidelines' recommended penalties for possessors of child pornography are too harsh. Judge Jack B. Weinstein criticizes that the mandatory sentence for possession of child pornography is often higher than the penalty for actually committing the act of child abuse. Furthermore, child pornography prosecution has led to dozens of suicides, some of them among the innocently accused. The requirement that people convicted of merely possessing child pornography pay restitution has been criticized by some judges and law professors. This has been particularly controversial in cases involving millions of dollars of restitution, as in those pertaining to the Misty Series
Misty Series
The Misty Series consists of some of the most widely-downloaded child pornography images of all time, with a total of more than 35,000 downloads to date. The victim, whose alias is Amy, was subjected to painful oral and anal sex by her uncle for five years before he was arrested and imprisoned. Her...
. But in 2010, the US Ninth Circuit Court of Appeals ruled that restitution directly to depicted minors was an appropriate penalty for possession of child pornography.
During the nomination process at the 2008 Libertarian National Convention, anarcho-capitalist and U.S. Presidential candidate Mary Ruwart
Mary Ruwart
Mary J. Ruwart, Ph. D. is a research scientist and libertarian speaker, writer, and activist. She was a leading candidate for the 2008 Libertarian Party presidential nomination and is the author of the award-winning international bestseller "Healing Our World."-Biography:Born in Detroit, Ruwart...
came under fire for her comment in her 1998 book, Short answers to the tough questions, in which she stated her opposition not only to laws against possession of child pornography but even against its production, based on her belief that such laws actually encourage such behavior by increasing prices. Shane Cory, on behalf of the minarchist United States Libertarian Party in his role as executive director, issued a response saying, "We have an obligation to protect children from sexual exploitation and abuse, and we can do this by increasing communication between state and federal agencies to help combat this repulsive industry. While privacy rights should always be respected in the pursuit of child pornographers, more needs to be done to track down and prosecute the twisted individuals who exploit innocent children." Cory resigned after the party refused to vote on a resolution asking states to strongly enforce existing child porn laws.
Simple possession control in Japan
Japan and RussiaRussia
Russia or , officially known as both Russia and the Russian Federation , is a country in northern Eurasia. It is a federal semi-presidential republic, comprising 83 federal subjects...
are G8 nations that have not outlawed the simple possession of child pornography.
Today, Japanese law permits the simple possession of child pornographic images if there is no intention of selling or distributing them. The United States ambassador to Japan has stated that Japan's lack of laws restricting possession of child pornography has impeded international efforts in the investigation of child pornography rings. In June 2008, a bill proposing the ban on child pornography possession was submitted to the Japanese House of Representatives
House of Representatives of Japan
The is the lower house of the Diet of Japan. The House of Councillors of Japan is the upper house.The House of Representatives has 480 members, elected for a four-year term. Of these, 180 members are elected from 11 multi-member constituencies by a party-list system of proportional representation,...
, where it was brought before the Diet in September.
In October 2007, a public opinion poll taken by the Japanese government showed that 86.5% of respondents favored regulation on art depicting child pornography, while 90.9% endorsed regulation of "harmful materials" on the Internet. Some harbor doubts about the opinion poll because of reports that the interview employs leading question
Leading question
In common law systems that rely on testimony by witnesses, a leading question or suggestive interrogation is a question that suggests the answer or contains the information the examiner is looking for. For example, this question is leading:...
s, and presents an inherently biased viewpoint. Non-government opinion polls indicate the opposite result, i.e. 10.35% in favor of punishing possession, and 47.71% against.
The Liberal Democratic Party
Liberal Democratic Party (Japan)
The , frequently abbreviated to LDP or , is a centre-right political party in Japan. It is one of the most consistently successful political parties in the democratic world. The LDP ruled almost continuously for nearly 54 years from its founding in 1955 until its defeat in the 2009 election...
and the New Komeito Party
New Komeito Party
The , New Kōmei Party, or NKP is a centre-right political party in Japan founded by members of the Nichiren Buddhist organization Sōka Gakkai. The leadership and financing of the two groups are currently independent...
proposed to prohibit possession without distribution, but the Democratic Party of Japan
Democratic Party of Japan
The is a political party in Japan founded in 1998 by the merger of several opposition parties. Its socially liberal platform is generally considered center-left in the Japanese political spectrum...
presented a counterproposal to prohibit the taking over from anyone. The House of Representatives was dissolved on July 21, 2009, therefore the proposals to revise the law on the table were withdrawn.
During the general election
General election
In a parliamentary political system, a general election is an election in which all or most members of a given political body are chosen. The term is usually used to refer to elections held for a nation's primary legislative body, as distinguished from by-elections and local elections.The term...
of the House of Representatives in August 2009, politicians' opinions were divided, as shown in answers to open letters from a civilian organization.. People who opposite to simple possession control have wariness of false accusation.