Laws regarding child pornography

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Laws regarding child pornography existed in 94 of the 187 Interpol member states as of 2008, according to research performed by the International Centre for Missing & Exploited Children (ICMEC) Koons Family Institute on International Law and Policy.[1][2] Of those 94 countries, 58 criminalized possession of child pornography regardless of intent to distribute.[1] This figure does not count legislation outlawing all pornography;[1] figures that also include non-specific bans on all pornography would therefore be higher if available.

Convictions for possessing child pornography also usually include prison sentences, but those sentences are often converted to probation for first-time offenders.[3] Some nations such as Canada and Australia have laws banning cartoon, manga or written child pornography and others require ISPs (Internet Service Providers) to monitor internet traffic to detect it.[4][5][6] While others particularly the United States and Japan don't in regards to freedom of expression and it being a victimless crime. This has caused legal problems in some countries like Canada. As some Canadians have been bringing fictional child pornography material from the U.S. to Canada in regards to different child pornography laws.

The United Nations Optional Protocol on the Rights of the Child requires states to outlaw the "producing, distributing, disseminating, importing, exporting, offering, selling or possessing for the above purposes" of child pornography.[7] The Council of Europe's Cybercrime Convention, the Council of Europe Convention on the Protection of Children against Sexual Exploitation and Sexual Abuse, and the EU Framework Decision that became active in 2006 require signatory or member states to criminalize all aspects of child pornography.[3] Article 34 of the United Nations Convention on the Rights of the Child (UNCRC) stated that all signatories shall take appropriate measures to prevent the exploitative use of children in pornographic performances and materials.

Contents

International treaties[edit]

International obligations to pass specific laws against child pornography "punishable by appropriate penalties that take into account their grave nature" as well as enable extradition, mutual assistance in investigation, and seizure of property were mandated by the Optional Protocol on the Sale of Children, Child Prostitution and Child Pornography.

Some of the negotiations and reviews of the process took place at the World Congress against Commercial Sexual Exploitation of Children held in 1996 and in 2001.[8]

Child Pornography Law Research by the International Centre for Missing & Exploited Children Koons Family Institute on International Law and Policy[edit]

American artist Jeff Koons, along with his wife Justine, founded the International Centre for Missing & Exploited Children (ICMEC) Koons Family Institute on International Law and Policy.[9][10] It is the International Centre’s research arm.[11][12][13][9]

In 2006, the International Centre published a report of findings on the presence of child pornography legislation in the then-184 INTERPOL member countries. It later updated this information, in subsequent editions, to include 196 UN member countries.[14][15][16][17] The report, entitled “Child Pornography: Model Legislation & Global Review,” assesses whether national legislation:

(1) exists with specific regard to child pornography; (2) provides a definition of child pornography; (3) expressly criminalizes computer-facilitated offenses; (4) criminalizes the knowing possession of child pornography, regardless of intent to distribute; and (5) requires ISPs to report suspected child pornography to law enforcement or to some other mandated agency.[15][18][19]

ICMEC found in its initial report that only 27 countries had legislation needed to deal with child pornography offenses, while 95 countries did not have any legislation that specifically addressed child pornography, making child pornography a global issue worsened by the inadequacies of domestic legislation.[20] The 7th Edition Report found that still only 69 countries had legislation needed to deal with child pornography offenses, while 53 did not have any legislation specifically addressing the problem.[14] Over seven years of research from 2006–12, ICMEC and the Institute report that they have worked with 100 countries that have revised or put in place new child pornography laws.[21][22][23][24]

In June 2009, the Koons Family Institute partnered with The Protection Project at Johns Hopkins University Paul H. Nitze School of Advanced International Studies, creating the Child Protection Project, to draft a model law focusing on the issues of child protection; in particular: "neglect, abuse, maltreatment, and exploitation".[25] The primary objectives of the Child Protection Project are to: “research existing child protection laws in the 193 member states of the United Nations (UN); convene a series of regional expert working group meetings to establish a common definition for 'child protection;' create a database of national legislation and case law on child protection issues from around the world; and draft, publish, and globally disseminate model child protection legislation."[26]

The drafting process included six expert group meetings, held in Singapore, Egypt, Costa Rica, Spain, Turkey, and the US.[25] The final version of the Child Protection Model Law was published in January 2013. It was presented to the members of the UN Committee on the Rights of the Child during its 62nd Session in Geneva, Switzerland, in January 2013.[25][27] It was also presented before the 129th Assembly of the Inter-Parliamentary Union (IPU) in Geneva in October 2013.[25][28][29] Accompanying the Child Protection Model Law, ICMEC and The Protection Project published a companion "100 Best Practices in Child Protection" guide in 2013.[30]

In March 2013, ICMEC became a member of the World Bank Global Forum on Law, Justice and Development.[31] The Koons Family Institute works with the Global Forum to produce "Desk Reviews" of national legislation and policy responses in Latin America and Asia, with a focus on protecting children from violence and abuse, in particular from child pornography, online grooming, cyberbullying, and sexting, through the use of the internet and other technologies.[31][32]

Table[edit]

Country, disputed country or territory Real child pornography Fictional child pornography Possession Sale Production Distribution Notes
Abkhazia Abkhazia uncertain uncertain uncertain uncertain uncertain uncertain
Albania Albania Illegal Illegal uncertain Illegal Illegal Illegal
Algeria Algeria Illegal Illegal Illegal Illegal Illegal Illegal All forms of pornography are prohibited.
Andorra Andorra Illegal Illegal Illegal Illegal Illegal Illegal
Argentina Argentina (excluding the Falkland Islands) Illegal uncertain Legal Illegal Illegal Illegal
Armenia Armenia Illegal Illegal Illegal Illegal Illegal Illegal
Australia Australia (including all territories) Illegal Illegal Illegal Illegal Illegal Illegal
Bangladesh Bangladesh Illegal Illegal Illegal Illegal Illegal Illegal
Belarus Belarus Illegal Illegal Legal Illegal Illegal Illegal
Belize Belize Illegal Illegal Legal uncertain uncertain uncertain
Bhutan Bhutan uncertain uncertain uncertain uncertain uncertain uncertain
Benin Benin Legal Legal Legal Legal Legal Legal
Botswana Botswana Illegal Illegal Illegal Illegal Illegal Illegal Enforcement as very strict
Brazil Brazil Illegal Legal Legal; Fictional CP only Illegal Illegal Illegal
Burkina Faso Burkina Faso Illegal Illegal uncertain uncertain uncertain Illegal
Burundi Burundi Illegal Illegal Illegal Illegal Illegal Illegal
Cameroon Cameroon Illegal Illegal uncertain Illegal Illegal Illegal
Canada Canada Illegal Illegal Illegal Illegal Illegal Illegal It doesn't matter if it's real or not, Canada has zero-tolerance towards child pornography; is subjected to being blocked from view.
Central African Republic Central African Republic Legal Legal Legal Legal Legal Legal
China People's Republic of China Illegal Illegal Illegal Illegal Illegal Illegal All forms of pornography are prohibited on the mainland.
Republic of the Congo Republic of Congo Illegal Illegal Illegal Illegal Illegal Illegal
Ivory Coast Ivory Coast Illegal Illegal Illegal Illegal Illegal Illegal
Comoros Comoros Illegal Illegal Illegal Legal Illegal Legal
Croatia Croatia Illegal Illegal Illegal Illegal Illegal Illegal
Czech Republic Czech Republic Illegal Illegal Illegal Illegal Illegal Illegal A bill was passed in 2007 prohibiting possession of child pornography
Denmark Denmark (including all territories) Illegal Illegal Illegal Illegal Illegal Illegal
Djibouti Djibouti Illegal Illegal Illegal Illegal Illegal Illegal All forms of pornography is illegal
Ecuador Ecuador Illegal Illegal Illegal Illegal Illegal Illegal
Equatorial Guinea Equatorial Guinea Legal Legal Legal Legal Legal Legal
Eritrea Eritrea Illegal Illegal Illegal Illegal Illegal Illegal
France France (including all territories) Illegal Illegal Illegal Illegal Illegal Illegal[33]
Gabon Gabon Illegal Illegal Illegal Illegal Illegal Illegal All forms of pornography is illegal
The Gambia Gambia Illegal Illegal Illegal Illegal Illegal Illegal
Georgia (country) Georgia Illegal Illegal Illegal Illegal Illegal Illegal
Germany Germany Illegal Illegal Illegal Illegal Illegal Illegal
Ghana Ghana Legal; not specifically prohibited, but can still be prosecuted Legal; not specifically prohibited, but can still be prosecuted Illegal Illegal Illegal Illegal
Greece Greece Illegal Illegal Illegal Illegal Illegal Illegal
Guinea Guinea Illegal Illegal Illegal Illegal Illegal Illegal
Guinea-Bissau Guinea-Bissau Legal Legal Legal Legal Legal Legal
Guyana Guyana Legal Legal Legal Illegal Illegal Illegal
Hong Kong Hong Kong Illegal Illegal Illegal Illegal Illegal Illegal
Hungary Hungary Illegal Illegal Illegal Illegal Illegal Illegal
Iceland Iceland Illegal Illegal Illegal Illegal Illegal Illegal
India India Illegal Illegal Illegal Illegal Illegal Illegal
Iran Iran Illegal Illegal Illegal Illegal Illegal Illegal All forms of pornography is prohibited
Israel Israel (excluding Palestinian territories) Illegal Illegal Illegal Illegal Illegal Illegal
Italy Italy Illegal Illegal Illegal Illegal Illegal Illegal
Jamaica Jamaica Illegal Illegal Illegal Illegal Illegal Illegal
Japan Japan Illegal[34] Legal[35] Legal; fictional CP only Legal; fictional CP only Legal; fictional CP only Legal; fictional CP only A bill was passed on 18 June 2014, that made possession of real child pornography illegal. Public outcry from artists prevented fictional child pornography from being included.
Kazakhstan Kazakhstan Illegal Illegal Legal Illegal Illegal Illegal
Kenya Kenya Illegal Illegal Illegal Illegal Illegal Illegal
Kosovo Kosovo Illegal Illegal Illegal Illegal Illegal Illegal
Lesotho Lesotho Illegal Illegal Illegal Illegal Illegal Illegal
Liberia Liberia Illegal Illegal Illegal Illegal Illegal Illegal
Libya Libya Illegal Illegal Illegal Illegal Illegal Illegal All forms of pornography is illegal
Macau Macau Illegal Illegal uncertain Illegal Illegal Illegal
Madagascar Madagascar Illegal Illegal Illegal Illegal Illegal Illegal
Malaysia Malaysia No law passed, but laws on child sexual abuse apply No law passed, but laws on child sexual abuse apply Legal Legal Legal Legal
Maldives Maldives Illegal Illegal uncertain Illegal Illegal Illegal All forms of pornography are prohibited.
Mali Mali Illegal Illegal Illegal Illegal Illegal Illegal Illegal on the grounds of indecency.
Mauritania Mauritania Illegal Illegal Illegal uncertain uncertain uncertain
Mauritius Mauritius Illegal Illegal Illegal Illegal Illegal Illegal
Mexico Mexico Illegal uncertain Illegal Illegal Illegal Illegal Enforcement is very strict.
Monaco Monaco Illegal Illegal Illegal Illegal Illegal Illegal
Morocco Morocco Illegal Illegal Illegal Illegal Illegal Illegal All forms of pornography are prohibited.
Mozambique Mozambique Illegal, but unenforced Illegal, but unenforced Illegal, but unenforced Illegal, but unenforced Illegal, but unenforced Illegal, but often unforced
Nagorno-Karabakh Republic Nagorno-Karabakh uncertain Illegal uncertain uncertain uncertain uncertain
Namibia Namibia Illegal Illegal Illegal Illegal Illegal Legal
Netherlands Netherlands (including all territories) Illegal Illegal Illegal Illegal Illegal Illegal
New Zealand New Zealand (including all territories) Illegal Illegal Illegal Illegal Illegal Illegal
Niger Niger Illegal Illegal Illegal Illegal Illegal Illegal
Northern Cyprus Northern Cyprus Illegal Illegal Illegal Illegal Illegal Illegal
Norway Norway (including all territories) Illegal Illegal Illegal Illegal Illegal Illegal
Oman Oman Illegal Illegal Illegal Illegal Illegal Illegal All forms of pornography are prohibited.
Pakistan Pakistan Illegal Illegal Illegal Illegal Illegal Illegal
Palau Palau Legal Legal Legal Legal Legal Legal
State of Palestine Palestine Illegal Illegal Illegal Illegal Illegal Illegal
Papua New Guinea Papua New Guinea Illegal Illegal Illegal Illegal Illegal Illegal All forms of pornography are prohibited.
Philippines Philippines Illegal Illegal Illegal Illegal Illegal Illegal
Portugal Portugal Illegal Illegal Illegal Illegal Illegal Illegal
Romania Romania Illegal Illegal Illegal Illegal Illegal Illegal
Russia Russia Illegal Illegal Legal Illegal Illegal Illegal
Rwanda Rwanda Illegal Illegal Illegal Illegal Illegal Illegal
São Tomé and Príncipe São Tomé and Príncipe Legal Legal Legal Legal Legal Legal
Saudi Arabia Saudi Arabia Illegal Illegal Illegal Illegal Illegal Illegal All forms of pornography are prohibited.
Senegal Senegal Illegal Illegal Illegal Illegal Illegal Illegal All forms of pornography are prohibited.
Sierra Leone Sierra Leone Legal Legal Legal Legal Legal Legal
Slovakia Slovakia Illegal Illegal Illegal Illegal Illegal Illegal
Somalia Somalia Illegal Illegal Illegal Illegal Illegal Illegal
South Africa South Africa Illegal Illegal Illegal Illegal Illegal Illegal
South Korea South Korea Illegal Illegal Legal; unless it's for the purpose of profit.[36] Illegal Illegal Illegal
South Ossetia South Ossetia uncertain uncertain uncertain uncertain uncertain uncertain
South Sudan South Sudan Legal Legal Legal Legal Legal Legal
Spain Spain Illegal Illegal Illegal Illegal Illegal Illegal
Sri Lanka Sri Lanka Illegal Illegal Illegal Illegal Illegal Illegal
Sweden Sweden Illegal Illegal Illegal Illegal Illegal Illegal
Sudan Sudan Illegal Illegal Illegal Illegal Illegal Illegal All forms of pornography are prohibited.
Syria Syria Illegal Illegal uncertain Illegal Illegal Illegal
Taiwan Taiwan Illegal Illegal Illegal Illegal Illegal Illegal
Thailand Thailand Illegal Illegal Legal Illegal Illegal Illegal
Togo Togo Illegal Illegal Illegal Illegal Illegal Illegal
Transnistria Transnistria Illegal Illegal Illegal Illegal Illegal Illegal
Turkey Turkey Illegal Illegal Illegal[37] Illegal Illegal Illegal
Uganda Uganda Legal Legal Legal Legal Legal Legal
Ukraine Ukraine Illegal Illegal Legal Illegal Illegal Illegal
United Kingdom United Kingdom (including all territories) Illegal Illegal Illegal Illegal Illegal Illegal Laws on child pornography real or not are very strict; is subjected to censorship.
United States United States (including all territories) Illegal Legal Legal; fictional CP only Legal; fictional CP only Legal; fictional CP only Legal; fictional CP only
Main article: PROTECT act of 2003
Laws on real child pornography are very strict with harshest penalties all the world and often censored, but fictional child pornography is protected as freedom of expression and considered art, unless it is considered obscene.
Vietnam Vietnam Illegal Illegal Illegal Illegal Illegal Illegal All forms of pornography are prohibited.
Western Sahara Western Sahara uncertain uncertain uncertain uncertain uncertain uncertain
Yemen Yemen Illegal Illegal Illegal Illegal Illegal Illegal All forms of pornography are prohibited.
Zambia Zambia Illegal Illegal Illegal Illegal Illegal Illegal
Zimbabwe Zimbabwe Legal[citation needed] Legal[citation needed] Illegal Illegal Illegal Illegal

Africa[edit]

Benin[edit]

The law in Benin does not prohibit child pornography.[38]

Botswana[edit]

Possession of child pornography is illegal in Botswana and punishable with between five and fifteen years imprisonment.[39]

Burkina Faso[edit]

Possession of child pornography is illegal in Burkina Faso.[40]

Burundi[edit]

Possession of child pornography is illegal in Burundi and punishable by fines and between three and five years in prison.[41]

Cameroon[edit]

While there is no minimum age of consent in Cameroon, the law prohibits the use of children for the production of pornography. Distributing child pornography or any document that "could harm the dignity" of a child is punishable by 5 to 10 years of imprisonment and fines from 5 million CFA francs to 10 million CFA francs. It is not known if possession of child pornography is illegal.[42]

Republic of the Congo[edit]

Child pornography in the Republic of the Congo is punishable by up to one year in prison and a fine of up to 500,000 CFA.[43]

Central African Republic[edit]

The law in the Central African Republic does not prohibit child pornography.[44]

Ivory Coast[edit]

Using children for pornographic films, pictures, or events is illegal in Ivory Coast and is punishable by between one month and two years of imprisonment and a fine of FCFA 30,000 to 300,000.[45]

Djibouti[edit]

Under laws prohibiting attacks on "good morals", the sale, production, and distribution of all pornography, including child pornography, is illegal in Djibouti and punishable by one year in prison and a fine of up to DJF 200,000.[46]

Equatorial Guinea[edit]

The law in Equatorial Guinea does not prohibit child pornography.[47]

Eritrea[edit]

Child pornography is illegal in Eritrea.[48]

Gabon[edit]

The possession of all pornography, including child pornography, is illegal in Gabon and punishable by imprisonment from six months to one year and/or fines up to 222,000 CFA francs.[49]

The Gambia[edit]

Child pornography is illegal in the Gambia and punishable by up to five years in prison.[50]

Ghana[edit]

While the law in Ghana does not specifically prohibit child pornography, it can be prosecuted as an "offense against public morals" which is punishable by a maximum of three years in prison and/or a fine ranging from 120 to 600 cedis.[51]

Guinea[edit]

Child pornography in Guinea is illegal.[52]

Guinea-Bissau[edit]

The law in Guinea-Bissau does not prohibit child pornography.[53]

Lesotho[edit]

Child pornography is illegal in Lesotho and is punishable by imprisonment of up to 2½ years and/or a fine up to 30,000 maloti. In child pornography production cases where a child is trafficked, the offender faces up to life imprisonment and a fine of 2 million maloti.[54]

Liberia[edit]

Child pornography is illegal in Liberia and is punishable by up to 5 years' imprisonment.[55]

Madagascar[edit]

The government in Madagascar in 2007 adopted a law modifying the criminal code to define child pornography, making it illegal. As of 2012, the laws have been used in court on several occasions but has not resulted in a conviction. Officials said the laws were often not uniformly interpreted or applied.[56]

Mali[edit]

Child pornography is considered a form of indecent assault under the criminal code in Mali and is punishable by 5 to 20 years in prison.[57]

Mauritania[edit]

Possession of child pornography is illegal in Mauritania with penalties of two months to one year in prison and a 160,000 to 300,000 ouguiya fine.[58]

Mauritius[edit]

Child pornography is illegal in Mauritius.[59]

Mozambique[edit]

Child pornography is illegal in Mozambique but appears to be rarely prosecuted. In 2011, there were no reports of prosecutions for child pornography.[60]

Namibia[edit]

Production and possession of child pornography is illegal in Namibia.[61]

Niger[edit]

Child pornography is illegal in Niger and punishable by 3 to 5 years in prison.[62]

Nigeria[edit]

The Child Rights Act makes child pornography illegal in Nigeria, but not all states have implemented it.[63]

Rwanda[edit]

Child pornography is illegal in Rwanda and punishable by 5 to 10 years in prison and a fine of 200,000 to 500,000 Rwandan francs.[64]

São Tomé and Príncipe[edit]

The law in São Tomé and Príncipe does not prohibit child pornography.[65]

Senegal[edit]

All pornography, including child pornography, is illegal in Senegal.[66]

Sierra Leone[edit]

While the Ministry of Social Welfare, Gender, and Children’s Issues has indicated child pornography cases are covered under the Child Rights Act of 2007, which prohibits "cruel, inhuman, and degrading treatment" of children, the law in Sierra Leone does not prohibit child pornography. As of 2012, there is no record of anyone ever having been charged or convicted of child pornography.[67]

Somalia[edit]

Article 29 of Somalia's national constitution defines a child as any individual under the age of 18, and stipulates that "every child has the right to be protected from mistreatment, neglect, abuse, or degradation."[68]

South Africa[edit]

Child pornography is illegal in South Africa and is punishable by fines and up to 10 years in prison.[69]

South Sudan[edit]

The law in South Sudan does not prohibit child pornography.[70]

Sudan[edit]

All pornography, including child pornography, is illegal in Sudan.[71]

Togo[edit]

Child pornography is illegal in Togo and is punishable by 5 to 10 years in prison.[72]

Uganda[edit]

The law in Uganda does not prohibit child pornography.[73]

Zambia[edit]

Child pornography is illegal in Zambia with penalties of up to life imprisonment.[74]

Zimbabwe[edit]

While it appears the law in Zimbabwe does not specifically prohibit child pornography, a person in possession of child pornography can be charged with public indecency which is punishable by a fine of $600, imprisonment up to six months, or both.[75]

Americas[edit]

Argentina[edit]

The law in Argentina does not prohibit the simple possession of child pornography, but child pornography possession with the intent to distribute is punishable by imprisonment ranging from 4 months to 2 years. Production and distribution of child pornography is illegal and punishable by between 6 months and 4 years in prison.[76]

Belize[edit]

The law in Belize does not prohibit the simple possession of child pornography.[77] It is unclear if distribution of child pornography is illegal.

Brazil[edit]

Production, distribution and possession of child pornography are clearly illegal and widely prosecuted in Brazil in accordance with its Code of Minors. Also possibly illegal would be simple visualization and lack of denunciation, though it is not directly mentioned in the Code of Minors. Level of enforcement has historically varied by courts. Brazil also criminalizes every kind of prostitution of those under 18 years of age more severely.

While the simple visualization of cartoons depicting sexual acts involving apparently human minors may not be illegal in itself, possession and especially production and/or distribution can be interpreted in courts to be of the same level of actual child pornography, since legislation is vague on the subject (see Articles 241-C and 241-E of the Code of Minors). Such a scenario is very remote though, as Brazilian courts do not often charge people for victimless crimes, especially those related to sexual misconduct (for example, while the age of consent is 14, the 18-year-old sexual partner of a consenting 13-year-old was once freed after less than two days by a judge[78]).

"Article 240. To produce, reproduce, direct, photograph, film or record, by any means, explicit sex scenes or pornography involving a child or adolescent (Amended by Law No. 11,829, 2008)

Penalty – imprisonment of four (4) to eight (8) years and a fine. (Amended by Law No. 11,829, 2008)

§1 Incurs the same penalties whom brokerages, facilitates, recruits, coerces, or otherwise mediates the participation of children and adolescents in the scenes mentioned in this article, or with those whom they contrascene. (Amended by Law No. 11,829, 2008)

§2 The penalty is acrescented a further third if the agent commits the crime: (Amended by Law No. 11,829, 2008)

I – at the public position or function or at the pretext to excerce it; (Amended by Law No. 11,829, 2008)

II – prevailing itself of domestic relationships, co-habitation or hospitality; or (Amended by Law No. 11,829, 2008)

III – prevailing itself of relations of affinity of consanguinity to the third degree, or by adoption, in position of guardian, custodian, mentor, employer of the victim or who, in any capacity, has authority over his/hers, be it with its consent. (Included by Law No. 11,829, 2008)

Article 241. To sell or to expose to sell photograph, video or other record that contains explicit sexual or pornographic scenes involving children or adolescents: (Amended by Law No. 11,829, 2008)

Penalty – imprisonment of four (4) to eight (8) years and a fine. (Amended by Law No. 11,829, 2008)

Article 241-A. To offer, exchange, disponibilize, transmite, distribute, publish or divulge by any means, including through system of computing or telematics, photograph, video, or other record containing explicit sexual or pornographic scenes involving children or adolescents: (Included by Law No. 11,829, 2008)

Penalty – imprisonment of three (3) to six (6) years and a fine. (Amended by Law No. 11,829, 2008)

§1 The same penalties apply to those who: (Included by Law No. 11,829, 2008)

I – ensures the facilities or services for the storage of photographs, footage or images treated in the caput of this Article; (Included by Law No. 11,829, 2008)

II – secures, by any means, access to the internet for photographs, footage or images treated in the caput of this article. (Included by Law No. 11,829, 2008)

§2 The conducts typified in sections I and II of § 1 of this Article shall be punishable when the legal representative for the service has been officially notified, fails to disable access to the illegal content treated in the caput of this article. (Included by Law No. 11,829, 2008)

Article 241-B. Acquiring, possessing or storing by any means, photograph, video or other form of record that contains explicit sexual or pornographic scenes involving children or adolescents: (Included by Law No. 11,829, 2008)

Penalty – imprisonment of one (1) to four (4) years and a fine. (Included by Law No. 11,829, 2008)

§1 The penalty is reduced by 1/3 (one third) to 2/3 (two thirds) if the material referred to in the caput of this article is of small amount. (Included by Law No. 11,829, 2008)

§2 There is no crime if the possession or storage is intended to communicate to the competent authorities the occurrence of the conduct described in Articles 240, 241, 241-A and 241-C of this Act, when the call is made by: (Included by law No. 11,829, 2008)

I – public officer in the exercise of its duties; (Included by Law No. 11,829, 2008)

II – member of organization, legally constituted, which includes, among its institutional purposes, receiving, processing and forwarding news of the crimes listed in this paragraph; (Included by Law No. 11,829, 2008)

III – legal representative and officials of Internet Service Provider or service provided through computer network, upon receiving the news related materials made to the police, the prosecutor or the judiciary. (Included by Law No. 11,829, 2008)

§3 The persons referred to in §2 of this Article shall keep confidential the referred infringing material. (Included by Law No. 11,829, 2008)

Article 241-C. To simulate the participation of children or adolescents in explicit sexual or pornographic scenes by tampering, digital editing or modification of photograph, video or any other form of visual representation: (Included by Law No. 11,829, 2008)

Penalty – imprisonment of one (1) to three (3) years and a fine. (Included by Law No. 11,829, 2008)

Single paragraph. Incurs the same penalties whom sells, offers for sale, delivers, distributes, publishes or disseminates by any means, acquires, owns or holds the material produced in the form of the caput of this article. (Included by Law No. 11,829, 2008)

(...)

Article 241-E. For the purpose of the crimes defined in this Law, the term "explicit sexual or pornographic scenes" means any situation involving children or adolescents in explicit sexual activities, real or simulated [emphasis added], or exhibition of the genitals of a child or adolescent for primarily sexual motivations. (Included by Law No. 11,829, 2008)"[79]

Canada[edit]

Canadian law forbids the production, distribution, and possession of child pornography. Possession of child pornography is punishable by up to 10 years in prison. Production and distribution of child pornography is punishable by up to 20 years in prison. Browsing for child pornography on the internet is punishable by up to 5 years in prison. Prohibitions cover visual representations of sexual activity by persons (real or imaginary) under the age of 18, depiction of their sexual organ/anal region for a sexual purpose, or any written material or visual representation that advocates child pornography offenses against a person under 18. There is an exception for material with artistic merit or an educational, scientific, or medical purpose. The law against simple possession of child pornography was declared void in British Columbia by a 1998 provincial court ruling but this decision was overturned two years later by the Canadian Supreme Court.[80] The high court further concluded that a "person" under the law could be either real or fictional and that the prohibition of written texts was potentially acceptable.[81][82] Cases have now been prosecuted in Canada involving anime and manga child pornography.[5]

Ecuador[edit]

The possession, storing, fabrication or distribution of child pornography or any other kind of sexually explicit pedophile material is illegal under Ecuadorian law.[83]

Guyana[edit]

The law in Guyana does not specifically prohibit child pornography. However, the law does regulate the sale, publishing, or exhibiting of obscene material, defined as anything that could deprive or corrupt those open to immoral influences.[84]

Jamaica[edit]

The protection, possession, importation, exportation, and distribution of child pornography is illegal in Jamaica and is punishable by a maximum penalty of 20 years in prison and a fine of J$500,000.[85]

Mexico[edit]

Child pornography is illegal in Mexico and laws are strictly enforced. Any person caught producing, distributing, possessing, owning, exporting, importing child pornography or browsing for child pornography over the internet, involving children engaging in sexually explicit conduct or posing in sexually explicit manners shall be punished with up to 12 years' imprisonment, with hard labor, as well as a fine up to MXN $500,000. A second conviction for child pornography requires the offenders to be placed on the Sex Offender Registry permanently.

United States[edit]

Warning Banner for Operation Protect Our Children

Although child pornography may also be obscene, a legal term that refers to offensive or violent forms of pornography that have been declared by decisions by the US Supreme Court to be outside the protection of the First Amendment regarding free speech,[86] it is defined differently from obscenity. Federal Sentencing Guidelines regarding child pornography differentiate between production, distribution and purchasing/receiving, and also include variations in severity based on the age of the child involved in the materials, with significant increases in penalties when the offense involves a prepubescent child or a child under the age of 12. The punishments are usually very severe normally ranging from 5 to 40 years' imprisonment. The US laws against child pornography are always enforced and among the harshest in the world.[87] However, because cartoon child pornography is considered to be art, which in turn is considered freedom of expression, and a victimless crime. It remains to be legal in the US, in the fact that the PROTECT act prohibits the federal government to ban non-realistic images and videos under most circumstances unless a real child is shown in the image or video. However, a few states deem it to be obscene, and therefore some make it illegal, but it's difficult to prosecute someone due to the constitutional right of freedom of expression. Despite the very harsh laws, the U.S. is one of the largest producers of child pornography in the world, behind Japan and Russia.

Asia[edit]

Bangladesh[edit]

The possession, production, distribution and public sale of child pornography is illegal in Bangladesh and punishment by fines and up to 10 years' imprisonment. Trafficking in children for "illegal and immoral purposes" is a capital offence in Bangladesh and the offenders can face the death penalty or up to life imprisonment.

China[edit]

Pornography of any kind, including child pornography is illegal in the People's Republic of China.[88] As of 2015 China has no specific law that refers to child pornography in particular.[89]

Under the criminal code of China, those producing, reproducing, publishing, selling, or disseminating obscene materials with the purpose of making a profit may be sentenced up to three years in prison or put under criminal detention or surveillance, in addition to paying a fine. Offenders in serious cases may receive prison sentences of three to 10 years, in addition to paying a fine. If the case is especially serious, they are to be sentenced to 10 years or more in prison or given a life sentence, in addition to a fine or confiscation of property. Persons found disseminating obscene books, magazines, films, audio or video products, pictures, or other kinds of obscene materials, if the case is serious, may be sentenced up to two years in prison or put under criminal detention or surveillance. Persons organizing the broadcast of obscene motion pictures or other audio or video products may be sentenced up to three years in prison or put under criminal detention or surveillance, in addition to paying a fine. If the case is serious, they are to be sentenced to three to 10 years in prison in addition to paying a fine.[88] Broadcasting or showing obscene materials to those under the age of 18 is also illegal and has more severe punishments compared to distribution to those 18 or older.[89]

Comoros[edit]

Possession and production of child pornography is illegal in Comoros.[90]

Hong Kong[edit]

As in Mainland China, child pornography of any kind is illegal in Hong Kong. The law makes it an offense to possess, produce, copy, import, or export pornography involving a child under 18 years of age, or to publish or cause to be published any advertisement that conveys or is likely to be understood as conveying the message that any person has published, publishes, or intends to publish any child pornography. The penalty for creation, publication, or advertisement of child pornography is eight years’ imprisonment, while possession carries a penalty of five years’ imprisonment.[91]

India[edit]

Child pornography in India is illegal. In February 2009, the Parliament of India passed the Information Technology (Amendment) Bill which made creation and transmission of child pornography illegal. The bill also enables India's law enforcement agencies to take action against those seeking child pornography. For example, browsing for child pornography on the internet can lead to a 5-year term in imprisonment and 1 million fine.[92]

Iran[edit]

All pornography, including child pornography, is illegal in Iran.[93]

Indonesia[edit]

In Indonesia all pornography is forbidden but Indonesia has no laws regarding pornography online. Jakarta's Chinatown district considered to be one of the largest pornographic bazaars in Southeast Asia. Indonesia is called "a heaven for child pornography,"[94]

Japan[edit]

Child pornography in Japan is illegal. The production, sale, distribution, commercialization, and/or possession of child pornography is illegal under Article 7 of the Act on Punishment of Activities Relating to Child Prostitution and Child Pornography, and the Protection of Children[95] and is punishable by a maximum penalty of 5 years in prison and/or a fine of ¥5,000,000.[96] Possession of child pornography with any intent of distribution or sale is also illegal.[95]

Kazakhstan[edit]

The law in Kazakhstan does not prohibit the simple possession of child pornography.[77] In 2010, the government introduced a criminal statute on the production and distribution of child pornography. Those convicted face administrative penalties.[97]

Malaysia[edit]

Malaysia does not have specific legislation about child pornography. However, the offense of rape and other forms of child sex abuse are punishable under Section 376 and Section 376B of the Penal Code, as well as the Child Act 2001. The age of consent for sexual activity in Malaysia is 16 years and above for both males and females.[98]

Pakistan[edit]

All pornography is illegal in Pakistan regardless of whether it is adult or child pornography.[citation needed]

Philippines[edit]

The Philippines passed Republic Act No. 9775 "Anti Child Pornography Act" in November 2009. The Act outlaws the production, creation, distribution and possession of child pornography. It also places obligations on mall operators and owners of commercial property to ensure that violations of child pornography are not being committed on their premises.

Controversially, the Act also creates obligations on internet-related service providers to ensure child pornography is not being stored or transmitted through their services. The Act requires internet service providers and internet hosting services to employ filtering software and to report child pornography violations within 7 days of discovery. How this obligation is to be implemented is yet to be seen. As of February 2010 the implementing rules and regulations were yet to be released by the National Telecommunications Commission and the Inter-Agency Council Against Child Pornography.

The law also expressly places obligations upon photo developers, information technology professionals, credit card companies, banks and anyone with direct knowledge of child pornography activities to report suspected child pornography materials and transaction within 7 days of discovery.

Prior to the Anti-Child Pornography Act, it was already illegal to use children for pornography and to sell and distribute that material. Under section 9 of Republic Act No. 7610 "Special Protection of Children Against Child Abuse, Exploitation and Discrimination Act", its prohibited to hire, employ, use, persuade, induce or coerce a child into performing for obscene publications or pornographic materials.

In addition, the Anti-Trafficking in Persons Act (Republic Act no. 9208) also outlaws the trafficking of children for the use in pornographic material.

Saudi Arabia[edit]

All pornography is illegal in Saudi Arabia, and the law makes no distinction between adult pornography and child pornography.[99]

South Korea[edit]

The law in South Korea does not prohibit simple possession of child pornography.[77] However, possession of child pornography is illegal if it is for the purpose of selling, renting, or distributing it for profit. This, and the production of child pornography, is punishable by up to 7 years in prison and a fine up to 20 million won.[100]

Sri Lanka[edit]

Production, distribution, sale and possession of child pornography is illegal in Sri Lanka. It is punishable by up to 20 years' imprisonment, severe fines and/or forfeiture of property.

Syria[edit]

Child pornography is considered a trafficking crime in Syria, but is unclear if this includes simple possession. The penalties for child pornography are also unknown and it is unclear if anyone was ever prosecuted for child pornography.[101]

Taiwan[edit]

Child and Adolescent Sex Exploitation Prevention Act criminalized the production, broadcast, distribution, exhibition of child pornography. Simple possession of such materials without justifiable cause is punishable by fines.[citation needed]

Thailand[edit]

The production, distribution, import, or export of child pornography is illegal in Thailand and punishable by a maximum of 3 years in prison and a fine not more than 6,000 baht.[102] The law does not prohibit simple possession of child pornography.[77]

Turkey[edit]

The law in Turkey does not prohibit simple possession of child pornography.[77] Production and distribution of child pornography is illegal and is punishable by imprisonment of 6 months to 2 years as well as a fine.[103]

Vietnam[edit]

The production, distribution, dissemination, and sale of child pornography is illegal in Vietnam and is punishable by 3 to 10 years in prison. Simple possession of child pornography is most likely illegal as well, since the laws in Vietnam prohibit all pornography, regardless of circumstances.[104]

Europe[edit]

Albania[edit]

The production and distribution of child pornography is illegal in Albania and punishable by a fine of 1 million leks to 5 million leks and a prison sentence of 1 to 5 years. It is unknown if simple possession of child pornography is illegal.[105]

Andorra[edit]

Child pornography is illegal in Andorra and punishable by up to 4 years in prison.[106]

Armenia[edit]

Child pornography is illegal in Armenia and punishable by up to 7 years in prison.[107]

Belarus[edit]

The law in Belarus does not prohibit the simple possession of child pornography,[77] but production and distribution of pornographic materials depicting a minor is illegal and punishable by up to 13 years in prison.[108]

Croatia[edit]

Possession, production and distribution of child pornography is illegal in Croatia and punishable by up to 5 years in prison. Also, exposing children to pornography may result in fines or a sentence of up to one year in prison.[109]

Czech Republic[edit]

The possession, manufacturing, and distribution of child pornography is illegal in the Czech Republic and punishable by up to 8 years in prison.[110] Possession of child pornography was made illegal in 2007 and is punishable by up to 2 years in prison.[111]

Denmark[edit]

Possession, distribution, and production of child pornography is illegal under Danish law, likewise is spectating such an act even without taking part. Specifically, §230, §235, and §235a in the Danish Penal Code are concerned with children and pornography, although the language is dated and vague.[112]

France[edit]

The law in France prohibits child pornography; the maximum penalty for its use and distribution is five years imprisonment and a 75,000 euro ($97,500) fine.[113]

Germany[edit]

German prosecution authorities and legal bodies of Germanys 16 states handle the definition of child pornography highly differently. The German Edathy affair (former member of parliament) of 2013/2014 following the neglected coooperation of BKA within the Canadian child pornography uncoverings gave way for new legislation procedures in parliament to define the status of either posing or exhibitive pictures of minors. New laws were still in parliamentary debating as lately as 19 December.th 2014. The production, distribution, possession and possession for sale of child pornography is illegal in Germany. A conviction for either one is punishable by up to 14 years' imprisonment. Attempting to gain access to child pornography is punishable by up to 5 years of imprisonment.[114]

Greece[edit]

The law in Greece prohibits the possession and circulation of child pornography, treating it as a felony and is punishable by 5 to 10 years’ imprisonment.[115]

Hungary[edit]

The law in Hungary prohibits child pornography of any kind and is punishable by up to eight years in prison.[116]

Iceland[edit]

Possession of child pornography is illegal in Iceland and punishable by up to two years in prison.[117]

Italy[edit]

Production, possession, distribution of child pornography in all its forms is illegal in Italy. The Italian law clearly designates child pornography as "portraying or visually depicting any minor engaged or involved in sexually explicit activities, as well as the simple lascivous exhibition or genitals or of the pubic region".[118]

From 2 March 2006, prohibition also extends to simulated child pornography in a specific legal designation that defines virtual imagery as "[...] images realized through the modification of real photographies or images of minors, or parts thereof, with graphic elaboration techniques [...] whose quality makes non real situations appear as real." This excludes drawings, cartoons, and other non-realistic simulated child pornography.[119]

Producers and distributors of child pornography are punished with imprisonment from six to twelve years, and with a fine ranging from 25.822 to 258.228 Euros. Possession of child pornography is punished with imprisonment up to three years, and with a minimum fine of 1549 Euros; sentences can be doubled or tripled if the quantity of child pornography found in possession of the culprit is "vast".

Secondary punishment includes a lifetime ban from employment in schools and in public or private services, organizations, structures, institutions or business establishments mainly frequented by minors.

Monaco[edit]

Production and possession of child pornography is illegal in Monaco.[77] Since April 2009, the government of Monaco uses a list established by the Internet Watch Foundation to block access to websites containing child pornography.[120]

Netherlands[edit]

Production, possession, and distribution of child pornography and accessing child pornography on the Internet is illegal in the Netherlands and punishable by up to 4 years in prison.[121]

Portugal[edit]

Child pornography is statutorily criminalised in the Portuguese Criminal Code (Código Penal Português). The age of sexual content in Portugal is, in principle, 16 years of age. The participation of underage persons in pornographic scenes is subject to stricter standards however because they are subject to the general regime of adulthood, which was set by the Civil Code at the age of 18.

Romania[edit]

The display, selling, dissemination, renting, distribution, and production of child pornography, defined as any pornographic material involving minors, is punishable by 1 to 5 years in prison. If these acts are done with the use of information technology, the punishment is 2 to 7 years. Unlawful accessing of child pornography through information technology is punished by 3 months to 3 years in prison or by a criminal fine.[122]

Russia[edit]

In Russia, production, trade turnover of child pornography materials, as well as involvement underage individuals into production of such materials is punishable by deprivation of liberty for a term of two to fifteen years. The possession of child pornography with the intent to distribute it is prohibited by article 242.1 of the Russian Penal Code; however, simple possession of child pornography is not prohibited. [123]

Slovakia[edit]

The production, distribution, or possession of child pornography is prohibited in Slovakia; the penalties for breaking the law range from two to 20 years’ imprisonment.[124]

Spain[edit]

The law in Spain prohibits child pornography. The penal code criminalizes both using a minor “to prepare any type of pornographic material” and producing, selling, distributing, displaying, or facilitating the production, sale, dissemination, or exhibition, of “any type” of child pornography by “any means.” Knowingly possessing child pornography is also penalized, carrying a potential prison sentence of up to one year. The penalty for the production, sale, or distribution of pornography in which a child under 18 years of age has been involved is imprisonment from one to four years or up to eight years if the child is under 13.[125]

Sweden[edit]

Presumed illegal prior to 1971. Legal from 1971–1980. Now still illegal. The National Library of Sweden experienced a dispute regarding the alleged collection due to their legal obligation to archive all material printed on Swedish soil.[126][127] This became publicized as activist groups Hand in Hand and Anhöriga till sexuellt utnyttjade barn became involved.[128]

Ukraine[edit]

The law in Ukraine does not prohibit simple possession of child pornography,[77] but courts have the authority to limit access to websites which distribute child pornography and to impose financial penalties and prison sentences for those running the websites.

Nina Karpachova, the Ukrainian Parliament Commissioner for Human Rights, said in June 2011 that a significant amount of child pornography available on the Internet originates in Ukraine. It is believed the child pornography market in Ukraine is worth about $100 million per year.[129]

United Kingdom[edit]

In the United Kingdom, it is illegal to take, make, distribute, show or possess an indecent image of a child under 18. Before 2003 it was illegal to take, make, distribute, show or possess an indecent image of a child under 16. The maximum sentence is 10 years imprisonment for extreme cases, 5 years imprisonment for high level cases & a summary conviction of 6 months imprisonment and/or statutory maximum fine for lower level cases.

Oceania[edit]

Australia[edit]

The maximum penalty is 10 years' jail and/or a $275,000 fine. People have been successfully prosecuted after describing acts of abuse via MMS.[4] Operation Auxin in September 2004 led to the arrest of almost 200 people on charges of child pornography, and "sting" operations are common.

In December 2008, a Sydney man was convicted with possessing child pornography after sexually explicit pictures of children characters from The Simpsons were found on his computer. The NSW Supreme Court upheld a Local Court decision that the animated Simpsons characters "depicted", and thus "could be considered", real people.[130]

Also in March 2011, a Tasmanian man was convicted with possessing child pornography after police investigators discovered an electronic copy of The Pearl by Anonymous on his computer. The Pearl is available for purchase within Australia and published by Harper Collins.[131] The conviction was set aside on appeal.[132]

New Zealand[edit]

Browsing for or attempting to privately gain access to child pornography is illegal in New Zealand and could possibly face up to a 5-year sentence in federal prison or a fine up to $NZ50,000. The production of child pornography as well as distribution carries stricter punishments. Distribution carries a penalty of up to 14 years' imprisonment. Production of child pornography is considered a form of child sexual abuse under the criminal code of New Zealand which is punishable by up to 10 years' imprisonment or a fine up to $NZ200,000.

Palau[edit]

The law in the Republic of Palau does not address child pornography.[133]

Papua New Guinea[edit]

Every type of pornography is illegal in Papua New Guinea, with laws strictly enforced. Pornographic websites are blocked in the country. The possession, sale, import and export of pornography is punishable by up to 6 months' imprisonment with a fine up to 1,000,000 kina. Child pornography is illegal in Papua New Guinea and punishable by 5 to 15 years' imprisonment and/or a fine up to 2 million kina.[134]

See also[edit]

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External links[edit]