Journal Article10.1080/13600834.2017.1393932
Child pornography
Alisdair A. Gillespie
- 02 Jan 2018
Vol. 27, pp 30-54
2
TL;DR: Child pornography is a type of child sexual abuse and not necessarily dangerous speech. The law has moved away from its original purpose and arguably covers material that is not harmful.
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Abstract: ABSTRACT Child pornography is not necessarily thought of as an example of dangerous speech, but rather it is considered a type of child sexual abuse. However, whilst the law was initially based on the protection of children, it has gradually moved away from this concept and it now arguably covers material that is not harmful. This article will consider what constitutes child pornography under English law and assess where there is potential under and over-criminalisation. It suggests that there should be reform of the law to return it to focus on the protection of children.
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Citations
Prevention, disruption and deterrence of online child sexual exploitation and abuse
TL;DR: In this paper, an argument is presented that changing the environments which support online child exploitation and abuse is necessary if we are to detect and manage these crimes, and more importantly prevent them.
An empirical investigation of emotion and the criminal law: towards a “criminalization bias”?
Jozef N. Coppelmans,F. Wagemans,Lotte F. Van Dillen +2 more
TL;DR: This interdisciplinary study investigates the role of emotion in criminalization decisions, finding that disgust sensitivity influences laypeople and legal professionals' decisions to criminalize behavior, particularly virtual child pornography, suggesting a "criminalization bias".
References
Extreme Concern: Regulating ‘Dangerous Pictures’ in the United Kingdom
Feona Attwood,Clarissa Smith +1 more
TL;DR: An exploration of section 5 of the recent Criminal Justice and Immigration Act 2008, otherwise known as the ‘Dangerous Pictures Act’ which outlaws the possession of ‘extreme images’, and the Rapid Evidence Assessment belatedly used to justify the legislation is explored.
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Legal definitions of child pornography
TL;DR: In this article, the authors consider the challenges that arise when drafting an adequate legal instrument to tackle child pornography and conclude that child pornography is not an easy concept to define and that tension will always arise between the desire to criminalise exploitative material and personal freedoms such as expression and free speech.
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