Is child pornography legal anywhere?

Factual Questions
21

Click the “Read More” button and it will tell you what the requirements are. A country rated as “inadequate” doesn’t meet 2 or more requirements.

EDIT: Here’s a quick list in case there’s something wrong with your browser:

[list=#][li] Are there existing laws criminalizing child pornography? [/li][li] Does existing law include a legal definition of child pornography?[/li][li] Is the possession of child pornography a crime? [/li][li]Is the distribution of child pornography via computer and the Internet a crime?[/li][*]Are Internet Service Providers (ISPs) required to report suspected child pornography to law enforcement?[/list]

22

Well, under Spanish law:

  1. Making, 3. posessing, 4. distributing and obtaining child pornography is illegal,
  2. Porn involving people under age 18 (I just checked, in case the age was lower and that was what the mapmaker considered inadequate)
  3. Yes, under the general requirement to report suspected illegal activity.

So I know of at least one country that’s painted the wrong color.

23

ISTM that they prefer every item complied with by a special law specifically addressing CP, as opposed to as part of a broader law; and similarly they may want a law specifically saying computer/Internet as opposed to generally saying distributing or transmitting.

Have no idea if they may also be making a judgement of satisfactory compliance based on how strict or harsh the specific statute is for other criteria. Things like jurisdictional conditions, provisions for drawings or simulated representations, etc.

24

In the U.S. it has been (somewhat) well established that nudity does not automatically equal pornography. Nude photography that is not pornographic is o.k. even if photographs include persons who are younger than 18. I don’t know the specific laws, but every 5 years are so someone puiblishes an art photography book that features nude children/adolescents. Step 2: someone screams “KIDDIE PORN! KIDDIE PORN!” Step 3: some judge says “No, it’s not.”

Are you describing something different in The Netherlands? Kinda sounds like you’re describing the same thing.

26

Dunno. I think in the Netherlands under 16 the parents can give permission. From 16 the person themselves gives permission, the parents have no say. In both cases no sexual acts etc. The law is pretty clear I think, no grey areas that I’m aware of.

Maybe it is the same…

27

There is an article in today’s The Independent that says that in Japan that child porn is legal “unless there is proven intent to sell or distribute.” : Japan’s child porn addiction

28

What the map also demostrates is how specific the law needs to get. I assume a lot of third world countries don’t have RICO statutes, consumer fraud laws, “corrupting a minor”, illegal use of a computer system, making inappropriate jokes in an airport, or vehicular homicide laws. Maybe some don’t even have DUI laws. However, they probably ahve judges who are willing to extend the definitions of existing alws to cover actions that the government finds offensive. (Like “public indecency”).

The problem with the first world is this massive body of laws keeps growing and being added to, but rarely shrinks. The laws cover things that were probably illegal anyway, but either refines the definition to be sure, or adds to the sentence for what is considered a more despicable act. (CP falls into both categories, I assume)

So just because the laws don’t cover child pornography in some country, does not mean you will get away with possessing or making it.