A/HRC/28/56
C.
Overview of the issues and trends relating to the mandate
25.
While new technologies offer a myriad of opportunities for children, they can also
facilitate harm against them, including the commission of criminal activities such as the
sale and sexual exploitation of children. Moreover, information and communication
technologies have also created new threats or forms of abuse, such as the solicitation of
children and the live streaming of child abuse.
1.
Child pornography
26.
Child pornography can be considered as the exploitative behaviour committed or
facilitated through new technologies which captures most attention. Article 2 (c) of the
Optional Protocol to the Convention on the Rights of the Child on the sale of children, child
prostitution and child pornography defines child pornography as “any representation, by
whatever means, of a child engaged in real or simulated explicit sexual activities or any
representation of the sexual parts of a child for primarily sexual purposes”. It is a wide
definition which may include non-visual depictions, such as text and sound. Some regional
instruments, such as the Council of Europe Convention on the Protection of Children
against Sexual Exploitation and Sexual Abuse (art. 20, para. 2) and the Draft African Union
Convention on the Establishment of a Legal Framework Conducive to Cyber Security in
Africa (art. III-1), apply only to visual depictions, usually photographs, but increasingly
such instruments also refer to “virtual child pornography”. Likewise, few domestic
countries define child pornography as including expressly non-visual depictions.12
27.
Article 3, paragraph 1 (c), of the Optional Protocol requires States to criminalize
producing, distributing, disseminating, importing, exporting, offering, selling or possessing
child pornography. A previous mandate holder called for the criminalization of all steps in
the child pornography process (E/CN.4/2005/78, para. 123), including simple possession,
as done by the Council of Europe Convention on the Protection of Children against Sexual
Exploitation and Sexual Abuse (art. 20, para. 1). However, new technologies have
transformed what is meant by possession, since the growth in Internet speeds means that it
is no longer necessary to download images because they can be viewed online. Some
regional instruments require the intentional accessing of child pornography,13 and that
model has been followed by some countries.14
28.
New technologies have revolutionized the way child pornography is created and
traded. On the Internet, collections of child abuse material can contain millions of images. 15
In addition, there has been a shift in the way material is traded, moving away from the web
to peer-to-peer networks, which facilitates evading filtering and other detection software,
therefore reducing risk to those seeking and distributing child pornography. Online virtual
currencies also allow measures taken by the financial industry to combat commercial online
child sexual exploitation to be evaded, as they are often subject to less transparency. The
Internet also allows for anonymous payment methods which render even more difficult to
trace the purchaser of exploitative material.
29.
The overwhelming majority of those seeking child pornography are male,16 and the
vast majority of victims are female.17 The age of child victims is becoming ever younger
12
13
14
15
16
8
An exception is the Irish Child Trafficking and Pornography Act, 1998.
Council of Europe Convention on the Protection of Children against Sexual Exploitation and Sexual
Abuse, art. 20, para. 1.
See the Anti-Child Pornography Act of the Philippines.
Max Taylor and Ethel Quayle, Child Pornography: An Internet Crime (2003, Routledge).
Ibid.
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