A/HRC/12/23
page 12
51. Exposure of children to child pornography inspires and influences the sexual practices of
young people. It affects their behaviour. Pornography is their main source of information about
sex and serves as an example for real sexuality, thereby facilitating the spread of behaviours
associated with it.7
52. Networks for the exchange of child pornography display photographs in which the
children have been forced to smile in order to prove that they “are having fun” and to make
being sexually attracted to children seem legitimate and normal.
D. Legislative framework
53. While many countries have legislation containing provisions that criminalize Internet child
pornography, some States, for example Oman or Iraq, have no legislation specifically dealing
with child pornography. Pornography is considered to be an offence against public morals and
decency or a violation of public order and child pornography is punished in that context.
54. There are significant differences in legislation, which reveal differences in how States view
Internet child pornography, its seriousness and the sheer size of the problem.
1. Age of the child
55. Some countries define a child as an individual under the age of 18, but others take into
account the age of criminal responsibility or the age of consent to sexual activity, which may
vary between 13 and 16. The Special Rapporteur wishes to stress that the age of consent to
sexual activity must not be taken into account, because a child under 18 cannot be considered to
be able to consent to sexual exploitation, including child pornography.
2. Definition of Internet pornography
56. While some countries (e.g. the United States and South Africa) have legislation that clearly
defines all forms of Internet child pornography, other countries’ legislation does not address
virtual and simulated pornography. Some legislation does not distinguish between child
pornography and child erotica, which incurs lesser penalties.
57. In some States (e.g. Finland and Slovakia) watching child pornography, visiting child
pornography sites without downloading material and possession of child pornography are all
punishable.
58. Solicitation of children for sexual purposes via the Internet is (grooming) is punishable in
some countries (Italy, Monaco, the United Kingdom and the United States). It should also be
recalled that article 23 of the Council of Europe Convention on the Protection of Children
against Sexual Exploitation and Sexual Abuse prohibits solicitation of children for sexual
purposes (grooming).
7
Ibid, pages 52-55.
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