A/HRC/28/56 and the content more graphic. 18 It should be noted that many stakeholders prefer to use the term “child abuse material” instead of “child pornography”, since the latter trivializes the abuse suffered by children, and can be misleading as to its illegal nature, as the term “pornography” covers largely consensual activities among adults. The Special Rapporteur endorses using a more child rights-compliant term, such as “child abuse material”. 2. Child prostitution 30. Article 2 (b) of the Optional Protocol on the sale of children, child prostitution and child pornography defines child prostitution as the use of a child in sexual activities for remuneration or any other form of consideration. The consideration need not be financial but could include other forms of payment, such as benefits in kind, including accommodation or drugs. The definition covers payment given to the child and the controlling adult. Article 3, paragraph 1 (b), of the Optional Protocol requires that States criminalize the offering, obtaining, procuring or providing a child for child prostitution, which covers most of the supply aspects of child prostitution. 31. Child prostitution is facilitated by the Internet in a number of ways, including mobile telephone applications and websites which offer children for prostitution on online classified advertising sites. Technology has also led to changes by those who control prostitution. Traffickers use technology to advertise their services widely and develop new methods to recruit, manipulate and lure potential victims.19 The Internet allows for these clandestine illegal activities to be more shrouded in secrecy, with advertisements being restricted to niche sites to hide their activities from law enforcement. 20 As a result, identifying the number of children who are trafficked over the Internet for prostitution is very difficult.21 32. The Internet presents new challenges to the international protection framework, in particular, in relation to those who control some of the activities of a child who is prostituted. For instance, when someone creates a website that advertises a child for prostitution, he or she is facilitating the offering of a child. Some States have adopted legislation to criminalize these acts,22 which is welcome. Another aspect not covered by international instruments is the criminalization of those who knowingly seek and pay to have sex with a child who is prostituted, the so-called demand factor. It is important that those who seek to sexually abuse or exploit a child are the subject of criminal sanctions. 33. As in the case of child pornography, many stakeholders consider more appropriate the term “children who are prostituted” because it reflects more truthfully the lack of choice of child victims and the control exercised over them by adults. In addition, child prostitution can be misleading to the extent that prostitution of adults is lawful in certain countries. As in the previous case, the Special Rapporteur endorses using a child rightscompliant term. 17 18 19 20 21 22 Quayle and Terry Jones, “Sexualized images of children on the Internet”, Sexual Abuse: A Journal of Research and Treatment, No. 22 (2011), p. 14. See Insafe-INHOPE, Annual Report 2013 (2014). United States of America, Department of State, Trafficking in Persons Report (2013), p. 14. Available from www.state.gov/documents/organization/210737.pdf. See Kimberly Mitchell and Lisa Jones, “Internet-facilitated commercial exploitation of children” (University of New Hampshire, 2013). Available from www.unh.edu/ccrc/pdf/Final_IFCSEC_Bulletin_Nov_2013_CV262.pdf. See Crimes against Children Research Center, “The Role of Technology in Child Sex Trafficking”. Available from www.unh.edu/ccrc/projects/technology_in_child_sex_traffic.html. See for example the Sexual Offences Act 2003 of the United Kingdom. 9

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