Laws regarding child pornography
Encyclopedia
94 of 187 Interpol
member states had laws specifically addressing child pornography as of 2008. Of those 94 countries, 58 criminalized possession of child pornography regardless of intent to distribute. This figure does not count legislation outlawing all pornography as being "specific" to child pornography; figures also including non-specific bans on all pornography would therefore be higher if available.
Child pornography laws provide severe penalties for producers and distributors in almost all Western societies, usually including incarceration, with shorter duration of sentences for non-commercial distribution depending on the extent and content of the material distributed. Convictions for possessing child pornography also usually include prison sentences, but those sentences are often converted to probation for first-time offenders. Some nations such as Canada and Australia have laws banning cartoon, manga or written child pornography and others require ISPs (Internet Service Providers) to monitor internet traffic to detect it.
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.
Some of the negotiations and reviews of the process took place at the World Congress against Commercial Sexual Exploitation of Children held in 1996 and 2001.
People have been successfully prosecuted after describing acts of abuse via SMS. Operation Auxin
in September 2004 led to the arrest of almost 200 people on charges of child pornography, and "sting" operations are common.
In December 2008, a Sydney man was convicted with possessing child pornography after sexually explicit pictures of children characters from The Simpsons
were found on his computer. The NSW Supreme Court upheld a Local Court decision that the animated Simpsons characters "depicted", and thus "could be considered", real people.
Also in March 2011, a Tasmanian man was convicted with possessing child pornography after police investigators discovered an electronic copy of The Pearl by Anonymous on his computer. The Pearl is available for purchase within Australia and published by Harper Collins.
law forbids the production, distribution, and possession of child pornography. Prohibitions cover visual representations of sexual activity
by persons (real or imaginary) under the age of 18, depiction of their sexual organ/anal region for a sexual purpose, or any written material or visual representation that advocates child pornography offenses against a person under 18. There is an exception for material with art
istic merit or an educational, scientific, or medical purpose. The law against simple possession of child pornography was declared void in British Columbia
by a 1998 provincial court ruling but this decision was overturned two years later by the Canadian Supreme Court. The high court further concluded that a "person" under the law could be either real or fictional and that the prohibition of written texts was potentially acceptable. Cases have now been prosecuted in Canada involving anime and manga child pornography.
passed the Information Technology Bill which made creation and transmission of child pornography illegal. The bill also enables India's law enforcement agencies to take strict action against those seeking child pornography. For example, browsing for child pornography on the internet can lead to a 5 year term in imprisonment and Rs.
1 million fine.
Simple possession including unwanted receiving or holding without intention of distributing is not illegal.
.
The age of consent for sexual activity in Malaysia is 16 years and above for both males and females.
Controversially, the Act also creates obligations on internet-related service providers to ensure child pornography is not being stored or transmitted through their services. The Act requires internet service providers and internet hosting services to employ filtering software and to report child pornography violations within 7 days of discovery. How this obligation is to be implemented is yet to be seen. the implementing rules and regulations were yet to be released by the National Telecommunications Commission and the Inter-Agency Council Against Child Pornography.
The law also expressly places obligations upon photo developers, information technology professionals, credit card companies, banks and anyone with direct knowledge of child pornography activities to report suspected child pornography materials and transaction within 7 days of discovery.
Prior to the Anti-Child Pornography Act, it was already illegal to use children for pornography and to sell and distribute that material. Under section 9 of Republic Act No. 7610 "Special Protection of Children Against Child Abuse, Exploitation and Discrimination Act", its prohibited to hire, employ, use, persuade, induce or coerce a child into performing for obscene publications or pornographic materials.
In addition, the Anti-Trafficking in Persons Act (Republic Act no. 9208) also outlaws the trafficking of children for the use in pornographic material.
, it is illegal to take, make, distribute, show or possess an indecent image of a child. In the context of digital media, saving an indecent image to a computer's hard drive is considered to be "making" the image, as it causes a copy to exist which did not exist before. Indecency is to be interpreted by a jury, who should apply the recognised standards of propriety. A child is a person who has not reached the age of 18.
regarding child pornography differentiate between production, distribution and purchasing/receiving, and also include variations in severity based on the age of the child involved in the materials, with significant increases in penalties when the offense involves a prepubescent child or a child under the age of 12.
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. Of those 94 countries, 58 criminalized possession of child pornography regardless of intent to distribute. This figure does not count legislation outlawing all pornography as being "specific" to child pornography; figures also including non-specific bans on all pornography would therefore be higher if available.
Child pornography laws provide severe penalties for producers and distributors in almost all Western societies, usually including incarceration, with shorter duration of sentences for non-commercial distribution depending on the extent and content of the material distributed. Convictions for possessing child pornography also usually include prison sentences, but those sentences are often converted to probation for first-time offenders. Some nations such as Canada and Australia have laws banning cartoon, manga or written child pornography and others require ISPs (Internet Service Providers) to monitor internet traffic to detect it.
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.
International treaties
International obligations to pass specific laws against child pornography "punishable by appropriate penalties that take into account their grave nature" as well as enable extradition, mutual assistance in investigation, and seizure of property were mandated by the Optional Protocol on the Sale of Children, Child Prostitution and Child Pornography.Some of the negotiations and reviews of the process took place at the World Congress against Commercial Sexual Exploitation of Children held in 1996 and 2001.
Australia
The maximum penalty is 10 years jail and/or a $120,000 fine.People have been successfully prosecuted after describing acts of abuse via SMS. Operation Auxin
Operation Auxin
Operation Auxin was an Australian police operation in September 2004, leading to the arrest of almost 200 people on charges of child pornography...
in September 2004 led to the arrest of almost 200 people on charges of child pornography, and "sting" operations are common.
In December 2008, a Sydney man was convicted with possessing child pornography after sexually explicit pictures of children characters from The Simpsons
The Simpsons
The Simpsons is an American animated sitcom created by Matt Groening for the Fox Broadcasting Company. The series is a satirical parody of a middle class American lifestyle epitomized by its family of the same name, which consists of Homer, Marge, Bart, Lisa and Maggie...
were found on his computer. The NSW Supreme Court upheld a Local Court decision that the animated Simpsons characters "depicted", and thus "could be considered", real people.
Also in March 2011, a Tasmanian man was convicted with possessing child pornography after police investigators discovered an electronic copy of The Pearl by Anonymous on his computer. The Pearl is available for purchase within Australia and published by Harper Collins.
Canada
CanadianCanada
Canada is a North American country consisting of ten provinces and three territories. Located in the northern part of the continent, it extends from the Atlantic Ocean in the east to the Pacific Ocean in the west, and northward into the Arctic Ocean...
law forbids the production, distribution, and possession of child pornography. Prohibitions cover visual representations of sexual activity
Human sexual behavior
Human sexual activities or human sexual practices or human sexual behavior refers to the manner in which humans experience and express their sexuality. People engage in a variety of sexual acts from time to time, and for a wide variety of reasons...
by persons (real or imaginary) under the age of 18, depiction of their sexual organ/anal region for a sexual purpose, or any written material or visual representation that advocates child pornography offenses against a person under 18. There is an exception for material with art
Art
Art is the product or process of deliberately arranging items in a way that influences and affects one or more of the senses, emotions, and intellect....
istic merit or an educational, scientific, or medical purpose. The law against simple possession of child pornography was declared void in British Columbia
British Columbia
British Columbia is the westernmost of Canada's provinces and is known for its natural beauty, as reflected in its Latin motto, Splendor sine occasu . Its name was chosen by Queen Victoria in 1858...
by a 1998 provincial court ruling but this decision was overturned two years later by the Canadian Supreme Court. The high court further concluded that a "person" under the law could be either real or fictional and that the prohibition of written texts was potentially acceptable. Cases have now been prosecuted in Canada involving anime and manga child pornography.
India
Child pornography in India is illegal, in February 2009, the Parliament of IndiaParliament of India
The Parliament of India is the supreme legislative body in India. Founded in 1919, the Parliament alone possesses legislative supremacy and thereby ultimate power over all political bodies in India. The Parliament of India comprises the President and the two Houses, Lok Sabha and Rajya Sabha...
passed the Information Technology Bill which made creation and transmission of child pornography illegal. The bill also enables India's law enforcement agencies to take strict action against those seeking child pornography. For example, browsing for child pornography on the internet can lead to a 5 year term in imprisonment and Rs.
Indian rupee
The Indian rupee is the official currency of the Republic of India. The issuance of the currency is controlled by the Reserve Bank of India....
1 million fine.
Japan
Child pornography is illegal in Japan since the establishment of the Act on Punishment of Activities Relating to Child Prostitution and Child Pornography, and the Protection of Children in 1999. Providing child pornography to unspecified persons shall be punished up to 5 years of imprisonment with work and/or 5 million yen of fine.Simple possession including unwanted receiving or holding without intention of distributing is not illegal.
Malaysia
Malaysia does not have specific legislation about child pornography. However, the offense of rape and other forms of child sex abuse are punishable under Section 376 and Section 376B of the Penal Code, as well as the Child Act 2001Child Act 2001
The Child Act 2001 is a Malaysian law which served to consolidate the Juvenile Courts Act 1947, the Women and Young Girls Protection Act 1973, and the Child Protection Act 1991. It was enacted partially in order to fulfill Malaysia's obligations under the United Nations Convention on the Rights of...
.
The age of consent for sexual activity in Malaysia is 16 years and above for both males and females.
Philippines
The Philippines passed Republic Act No. 9775 "Anti Child Pornography Act" in November 2009. The Act outlaws the production, creation, distribution and possession of child pornography. It also places obligations on mall operators and owners of commercial property to ensure that violations of child pornography are not being committed on their premises.Controversially, the Act also creates obligations on internet-related service providers to ensure child pornography is not being stored or transmitted through their services. The Act requires internet service providers and internet hosting services to employ filtering software and to report child pornography violations within 7 days of discovery. How this obligation is to be implemented is yet to be seen. the implementing rules and regulations were yet to be released by the National Telecommunications Commission and the Inter-Agency Council Against Child Pornography.
The law also expressly places obligations upon photo developers, information technology professionals, credit card companies, banks and anyone with direct knowledge of child pornography activities to report suspected child pornography materials and transaction within 7 days of discovery.
Prior to the Anti-Child Pornography Act, it was already illegal to use children for pornography and to sell and distribute that material. Under section 9 of Republic Act No. 7610 "Special Protection of Children Against Child Abuse, Exploitation and Discrimination Act", its prohibited to hire, employ, use, persuade, induce or coerce a child into performing for obscene publications or pornographic materials.
In addition, the Anti-Trafficking in Persons Act (Republic Act no. 9208) also outlaws the trafficking of children for the use in pornographic material.
Portugal
Child pornography is statutorily criminalised in the Portuguese Criminal Code (Código Penal Português). The age of sexual content in Portugal is, in principle, 16 years of age. The participation of underage persons in pornographic scenes is subject to stricter standards however because they are subject to the general regime of adulthood, which was set by the Civil Code at the age of 18.Sweden
Presumed illegal prior to 1971. Legal from 1971-1980. Now still illegal. The National Library of Sweden experienced a dispute regarding the alleged collection due to their legal obligation to archive all material printed on Swedish soil. This became publicized as activist groups Hand i Hand and Föreningen Anhöriga Till Sexuellt Utnyttjade Barn became involved.Taiwan
Child and Adolescent Sex Exploitation Prevention Act criminalized the production, broadcast, distribution, exhibition of child pornography. Simple possession of such materials without justifiable cause is punishable by fines.United Kingdom
In the United KingdomUnited Kingdom
The United Kingdom of Great Britain and Northern IrelandIn the United Kingdom and Dependencies, other languages have been officially recognised as legitimate autochthonous languages under the European Charter for Regional or Minority Languages...
, it is illegal to take, make, distribute, show or possess an indecent image of a child. In the context of digital media, saving an indecent image to a computer's hard drive is considered to be "making" the image, as it causes a copy to exist which did not exist before. Indecency is to be interpreted by a jury, who should apply the recognised standards of propriety. A child is a person who has not reached the age of 18.
United States
Although child pornography may also be obscene, a legal term that refers to offensive or violent forms of pornography that have been declared by decisions by the US Supreme Court to be outside the protection of the First Amendment regarding free speech, it is defined differently from obscenity. Federal Sentencing GuidelinesFederal Sentencing Guidelines
The Federal Sentencing Guidelines are rules that set out a uniform sentencing policy for individuals and organizations convicted of felonies and serious misdemeanors in the United States federal courts system...
regarding child pornography differentiate between production, distribution and purchasing/receiving, and also include variations in severity based on the age of the child involved in the materials, with significant increases in penalties when the offense involves a prepubescent child or a child under the age of 12.
See also
- Legal status of cartoon pornography depicting minorsLegal status of cartoon pornography depicting minorsThe legal status of cartoon pornography depicting minors is a unique subject which interacts with internet pornography, simulated pornography, obscenity laws, and specific laws against child pornography....
- List of pornography laws by country
- Debate regarding child pornography lawsDebate regarding child pornography lawsWhile 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...