Prohibited Sexual Behavior and Sexual Violence

Adult Sexual Contact with Children: Child Pornography 4

The varying definitions of childhood and the different “ages of consent” in different countries already indicate that the fight against child pornography is not a straightforward, simple matter. Indeed, it has raised several other unresolved technical and legal issues. For example:

• Some men accused of having collected child pornography had to be cleared by the courts, because it turned out that a special computer virus (a “Trojan horse”) had infected their PCs and had downloaded the images without their knowledge.
• Civil libertarians have pointed out that it is problematical to punish people for the mere private possession of pictures, whatever their character might be. This kind of governmental intrusion into the private sphere sets a worrisome precedent and might end up establishing a “thought police” that would try to suppress all kinds of unpopular interests and dissident opinions.
• Punishing the possession of child pornography has been justified on the grounds that it rewards its producers for their crimes and encourages them to hurt and exploit even more children. However, modern computer technology allows the creation of “virtual” pornographic images, i.e. artificial, but realistic looking images of children who never existed in reality. Trying to prohibit such images raises entirely new questions. Indeed, the US Supreme Court has struck down such a prohibition as violating the constitutional guarantee of free speech. (United States Supreme Court in Ashcroft v. Free Speech Coalition, 2002)

In view of these and other contentious issues, private civil rights groups try to monitor current developments and to warn of excesses in either direction.

Web site of a civil liberties organization monitoring rights and liberties in the internet.
(Click on picture.).