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Child Pornography Abstract The article examines problem of child pornography that has become an issue of the day. The author gives definition of child pornography and explores the problem and application of the child pornography law by the courts in different countries. It also presents key findings and statistics from various national studies and researches conducted by Children UNO Fund UNISEF, the Computer Crime Research Center, Nielsen/Net ratings and others. The article dwells on several crimes related to sexual exploitation of children, like child pornography, child sex tourism, child prostitution, and debauchery of children and involving them in sexual relations.
The author also examines role of internet and use of the modern technologies in relation to child pornography. The author examines the methods that can be used in order to stop child pornography and explores legislation of many world countries in relation to the issue. Outline Introduction Child Pornography and Internet Definition of Child Pornography Child Pornography Shadow Market Crimes related to Sexual Exploitation of Children Statistic Data Time to Stop Child Pornography: Legislation in World Countries Conclusion Child Pornography Introduction Child pornography becomes the issue of the day. Life of children that were sexually exploited by adults as objects of child pornography undergoes drastic changes not only in aspect of seduction and perversions but also in the aspect of indelible impressions of sexual exploitation by adults. When the fact of sexual exploitation takes place, an adult can make a photo or video of a sexual contact.
These videos and photos can become an instrument of blackmail. An adult can show these materials to a child and force him to strict obedience. A child is often afraid that his family or friends will find out about the fact of sexual exploitation and often keeps such things in secret. Besides, these video and photo materials are often sold by adults to various people who like child pornography.
Child Pornography and Internet More and more people use computer and internet technologies to organize, keep and replenish their collections of child pornography. Amateur photos and videos of children are highly rated in the internet, and adults often exchange pictures with other pedophiles. When these videos and photos are published in the internet, nobody can stop it or take out from the network. In such a way, a child becomes a victim every time somebody sees his photo or video. Internet created an amazing world of information and communication for every person who has access to online services. Whereas technology opens an endless opportunities for children and adults that allow them finding out numerous interesting facts about our life and Universe, the same technology to a great extent was conductive to sexual exploitation of children, especially due to distribution of child pornography.
Constant perfection, increasing availability and use of new technologies for home PCs revolutionized distribution of child pornography dramatically. Nowadays it is very easy to get and distribute collections of child pornography, and, at the same time it became easier to create them and sell especially because of fact that borders between the countries became more transparent. No country is protected from this kind of sexual exploitation of children. The government, legislative authorities and civil society should undertake significant efforts in order to stop child pornography. It is very important to understand that every country should have legislation that foresees punishment for creation and distribution of child pornography. So, what is child pornography?
Definition of Child Pornography The term child pornography traditionally embraces the pornography with participation of children. However, it is rarely expresses actual character of the definition. Child pornography usually includes any image in any form, or a child who takes part in real or simulated actions of sexual character, or any image of childs genitals for the goals of sexual character (Optional protocol to the Convention on the Rights of the Child on the Sale of Children, Child Prostitution, and Child Pornography, 2002). It also includes the fact of engaging a child to create such image (Wolak, 2005). Child Pornography Shadow Market Child pornography market became one of the most profitable sectors of shadow economy.
Sexual crimes became so common that many world organizations like the Council of Europe, Children UNO Fund UNISEF and others decided to join their efforts in order to protect children from sexual exploitation. They undertake various measures and develop acts that are aimed to stop child pornography. According to the research conducted by UNISEF, the turnover of child pornography market makes up 2. 2 - 3. 3 billion EUR per year. For example, the company Landslide Inc that was specialized on distribution of child pornography and was closed out in 2000 had annual turnover of approximately $ 9 billion per year (mainly because of internet sales). According to Julia OConnell, representative of UNISEF, Google inquiry gives more than 450, 000 results for the pedophiles-oriented web sites. Internet allows adults to preserve anonymity and escape from legal prosecution.
Adults often use forums and chats in order to get acquainted with potential victims. Such acquaintances have negative consequences for children. Only in the United States approximately 300 children disappeared after such anonymous contacts with strangers. FBI claims that quantity of online crime against children is constantly increasing (approx. 10 % per year) (Wolak, 2005).
European Convention against cybercrime's is the first document that will allows the countries to struggle effectively against creation, exchange, transfer, getting and storing child pornography. Crimes related to Sexual Exploitation of Children There are several crimes related to sexual exploitation of children: Child pornography; Debauchery of children and involving them in sexual relations; Child sex tourism; Child prostitution. Despite the fact that many countries have various laws and restrictions that prohibit child pornography and foresee punishment for creation or distribution of child porn, there are many people who are ready to pay money for it. According to materials from the Computer Crime Research Center (2007), approximately 1 - 5 billion children are involved in production of child pornography all over the world.
Mainly, these children are orphans, tramps, children from poor families (often with parents consent), drag addicted, prostitutes, etc). Internet monitoring is often conducted by law machinery of many world countries. It often shows that each fifth child who spends at least minimal time in online chats runs the risk of sexual solicitation. Again, according to data taken from the Computer Crime Research Center (2007), 70 % of criminals accused of sexual exploitation of children, enter internet network with criminal mind. 90 % of all crimes related to child pornography are committed by relatives or good friends of a victim. Pedophiles use modern technical equipment to get and exchange with information. Web-cam is one of the newest and easy to use equipment popular among criminals, who use it to immediately receive materials of child pornography, online video, etc.
It also allows making online video-conferences with children participation. Statistic Data (Child Pornography, 2007): Only in the United States law-courts registered more than 40, 000 suspects in commitment of sexual crimes against children; Criminals convicted of sexual crimes confirmed in records of court that 2 / 3 of their victims were under aged children, and 58 % of them were less than 12 years old; In 1994 only 1 / 3 of all children reported participation in child pornography to the courts; In 90 % of all sexual crimes in relation to children under 12 years old, the criminal was well-known to the victim; 8 of 10 criminals understand illegality of their actions; 61 % of criminals earlier were brought to trial (criminal and administrative liability); 8 of 10 criminals report that their victims were children under 18 years old. Average age of victims is 13 years; 28 % of criminals who served their sentence for sexual crimes, are accused of more heinous crimes within three years after discharge; You cant get away from facts: child pornography is a vital complicated issue. According to Nielsen/Net ratings, quantity of children, who spend their time in internet increases drastically. It is very important to provide children with efficient protection from pedophiles in internet. According to the British fund Internet Watch Foundation, quantity of files containing child pornography was drastically decreased in Britain.
Nowadays less than 1 % of all internet content hosted in UK contains child pornography (compared to 18 % in 1997). The British relate this fact to successful cooperation of internet providers and legislative authorities. What concerns Europe, the volume of illegal content containing child pornography decreased from 18 % to 6 %. According to data received from Internet Watch Foundation (2007), 40 % of all materials are located at US host-space, whereas 31 % is hosted in Russia.
Cassandra Tinning, a member of Australian organization Children at Risk claims that under aged children, who have access to materials in internet, containing pornography, often sexually abuse their equals in age (Wolak, 2005). According to Tinnings words, quantity of cases of sexual abuse between children of the same age increased drastically. In result of numerous researches conducted in the United States and other world countries, there was founded out evident relation between child sexual aggression and pornography in internet. Time to Stop Child Pornography: Legislation in World Countries What can be done in order to stop child pornography? More and more often children become victims of unreasoned information policy in sphere of mass media, advertising, education and culture. Modern films, TV-programs, press publications, journals, magazines, advertisements contain enormous quantity of commercial production where violence, sex, aggression are cultivated and promoted.
Traditional conventional moralities and basic moral education are often violated. Some specialized child magazines provoke children to early sexual contacts and perversions of sexual life. Many world countries do not have efficient remedial legislation that clearly regulates issues concerning child pornography. Children of many world countries actually remain unprotected. Some countries have no definition of pornography, violence, abuse, sexual exploitation, etc.
No wonder that restrictions for distribution of pornography remain declaratory. Some countries have no regulations concerning liability for involvement of under aged children in participation in child pornography. Some countries have no strict criminal liability for organization of commercial companies producing child pornography. For example, Russia foresees no criminal liability in relation of sexual exploitation of children who reached 14 years old.
In contrast to Russia, American legislative authorities recognize it as a grave crime. In 1995 Belgium adopted a law that widens national jurisdiction in cases of child prostitution, child sex tourism and child pornography. For example, is a person will be caught during demonstration, sale, distribution or import of visual material containing images of children, he is subjected to prosecution. The law claims that the fact of child consent to participation in child pornography cannot be taken into account as mitigating consequences.
Nowadays remedial legislation of 30 % of European countries prohibits any sexual contacts (even with voluntary participation of children) between adults and children who didnt reach 16 years old. Belgium, Finland, Norway and many other countries adopt this policy. Moreover, in some countries age of sexual personal inviolability is 18 years old. Such policy is active in France, Sweden, Canada, Hungary, Denmark, Greece and other countries. International Centre for Missing and Exploited Children (2006) tried to find out several facts concerning legislations of major world countries: Is there a clause concerning child pornography? Is there a definition of child pornography?
Is a crime committed with help of computer, is recognized as a criminal offence? Is the fact of keeping materials containing child pornography (irrespectively from intention to distribute it) qualified as a criminal offence? Are Internet Service Providers obliged to report about suspects in relation to child pornography? In result of this research (table 1), International Centre for Missing and Exploited Children found out that only 5 countries satisfy all criteria (Child Pornography, 2006). Only 22 countries satisfy all criteria except of the last one. 95 countries have no laws aimed to stop child pornography. What concerns the countries that have such laws and regulations against child pornography, 54 countries have no definition of child pornography. 27 countries have no criminal liability for crimes committed with aid of computer.
Finally, 41 countries do not consider possession of child pornography irrespectively of intention to distribute it. Conclusion It is very important to join efforts in struggle against child pornography. The world countries should re-examine their legislation in relation to child porn and provide children with efficient protection. At the same time the countries should toughen punitive actions concerning adults, who produce and distribute child pornography. Table 1 AfghanistaAlbaniAlgeriAndorrAngolAntigua and BarbudArgentinArmeniArubAustraliAustriBahamas IslandBelgiuBosniBraziBulgariCanadChinCountry Legislation concerning child pornography Definition of child pornography Crimes committed with help of computer Simple possession Informing from the part of ISP CubCypruCzech republiDenmarEgypFinlanFrancGermanGreat BritaiGreecHaitHollanHungarIcelanIndiIndonesiIraIraIrelanIsraeItalJapaJordaKoreLiechtensteiLuxemburMadagascaMexicNew ZealanNorwaPanamPerPolanPortugaRomaniRussiSlovakiSpaiSwedeSwitzerlanThe United States of AmericTongTurkeVietna Bibliography Nielsen/NetRatings. (n.
d. ). Retrieved January 16, 2007, from Nielsen Website: web Child Pornography. (n. d. ). Retrieved January 16, 2007, from International Centre for Missing and Exploited Children: web Child Pornography. (2007). Retrieved January 16, 2007, from Computer Crime Research Center: web Internet Watch Foundation. (n. d. ).
Retrieved January 16, 2007, from web Optional protocol to the Convention on the Rights of the Child on the Sale of Children, Child Prostitution, and Child Pornography. (2002, January 18). G. A. Res. 54 / 263, Annex II, U. N. Doc A/ 54 / 49, Vol III, art. 2, para.
c. Wolak, J. (2005). Child-Pornography Possessors Arrested in Internet-related Crimes: Findings from the National Juvenile Online Victimization Study. Nat'l Ctr. for Missing & Exploited Children ed. , 1, vii.
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