Talk:Legality of child pornography: Difference between revisions
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== Protected edit request on 11 February 2023 == |
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== Legality of fictional content in the Netherlands == |
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The English source https://www.government.nl/topics/crime-and-crime-prevention/sentencing is outdated or incomplete as can be seen on the official Dutch site: https://www.rijksoverheid.nl/onderwerpen/seksuele-misdrijven/kinderporno/kinderporno-is-strafbaar, specifically the paragraph under "Virtuele kinderporno," which states: "Aside from child porn consisting of imagery of real children, virtual content is also punishable. This virtual child porn consists of, for example, animations. Virtual child porn is punishable because this type of content suggests sexual abuse of children." |
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(http://www.olc.gov.cy/olc/olc.nsf/DFE2EDDF95824331C225860D002DAF93/$file/The%20Prevention%20and%20Combating%20of%20Sexual%20Abuse%20and%20Sexual%20Exploitation%20of%20Children%20and%20Child%20Pornography%20Law,%202014.pdf) |
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The table should probably be updated to illegal in all cases. Although the law (Article 240b as mentioned in the page) might seen to imply that fictional content is in the clear due to legalese, I think the fact that the official government website dedicated a paragraph specifically to fictional content clears that up sufficiently. [[User:Cantthinkofaname2022|Cantthinkofaname2022]] ([[User talk:Cantthinkofaname2022|talk]]) 10:07, 22 December 2022 (UTC) |
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== Legalization of fictional child pornography in Taiwan == |
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:{{done}}, although I would be more comfortable with an updated secondary source. - [[User:Knowledgekid87|Knowledgekid87]] ([[User talk:Knowledgekid87|talk]]) 14:31, 22 December 2022 (UTC) |
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::It has by now been reverted based on another editor's assumption that it's only a proposed law. |
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::There is indeed a proposed law listed at the bottom of the page on https://www.rijksoverheid.nl/onderwerpen/seksuele-misdrijven/kinderporno/kinderporno-is-strafbaar, but it is about criminalizing preparations to child abuse- it's currently not (always) illegal to take actions that could reasonably be assumed to lead to child abuse. The article provides an example in distributing a "manual containing tips and tricks on abusing children". [[User:Cantthinkofaname2022|Cantthinkofaname2022]] ([[User talk:Cantthinkofaname2022|talk]]) 05:21, 27 December 2022 (UTC) |
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:::i have a question, when was that law made?(https://www.rijksoverheid.nl/onderwerpen/seksuele-misdrijven/kinderporno/kinderporno-is-strafbaar) i went to here but i couldn't find when it was made. [[User:Brians198|Brians198]] ([[User talk:Brians198|talk]]) 16:17, 27 December 2022 (UTC) |
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::::I cannot find when the current laws were made, but I fail to see how that would be important for a Wikipedia page on the current legality of (fictional) child pornography. In the past all child pornography was legal due to a legal loophole, but that's obviously not mentioned on this page either. |
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::::The (not relevant) draft law about criminalizing preparations was made somewhere in 2020 as it was published for public review on 23-07-2020. |
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::::If you're still uncertain of whether or not fictional content is legal in the Netherlands, here's what the police website (https://www.politie.nl/informatie/wat-valt-onder-kinderporno.html) has to say about it: "We speak of child pornography when it's about an image or video of a minor (under the age of 18) who performs sexual acts. [...] It's not just about sexual photos or videos of children, virtual content is also punishable. Think about, for example, drawings or compiled photos." [[User:Cantthinkofaname2022|Cantthinkofaname2022]] ([[User talk:Cantthinkofaname2022|talk]]) 17:43, 27 December 2022 (UTC) |
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:::::What I mean is when was made “Virtuele kinderporno |
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:::::Naast kinderporno bestaande uit beeldmateriaal van echte kinderen, is ook virtueel materiaal strafbaar. Deze virtuele kinderpornografie bestaat bijvoorbeeld uit animaties. Virtuele kinderporno is strafbaar omdat dit soort materiaal seksueel misbruik van kinderen suggereert.” <= this law. [[User:Brians198|Brians198]] ([[User talk:Brians198|talk]]) 07:32, 28 December 2022 (UTC) |
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::::::You're not quoting a law. You're quoting the interpretation (by the government and the police) of the law (artikel 240b). According to Wikipedia this law is in effect since July 2018 (it's sourced as an archive https://web.archive.org/web/20180831211709/http://wetten.overheid.nl/BWBR0001854/2018-07-01#BoekTweede_TiteldeelXIV_Artikel240b), but I am not a lawyer nor an expert on legislation so I cannot tell you when this law was effectively "made." |
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::::::What is clear however is both the police and the government's official stance on the law. Why do you insist on assuming it's only a draft law when both of those institutions clearly say it's not, and proceed to revert the change based on those assumptions? [[User:Cantthinkofaname2022|Cantthinkofaname2022]] ([[User talk:Cantthinkofaname2022|talk]]) 23:31, 28 December 2022 (UTC) |
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:::::::If it is just interpretation by the government and the police, isn't it good should be 'legally unclear' than 'illegal in all cases'? Because it's not published law and just police's supposition. In UK, for example, where all cases are illegal, the law clearly states that virtual pornography is illegal. But maybe Netherlands is not like that. [[User:Brians198|Brians198]] ([[User talk:Brians198|talk]]) 13:21, 29 December 2022 (UTC) |
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::::::::You keep saying "It's not published law," and "isn't it only a proposed law?" without sourcing any of these claims. The current law (Artikel 240b) has been in effect for years. |
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::::::::Saying it isn't illegal "because it's just the government and police interpretation" is insane, who else is going to be the most reliable source? |
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::::::::The change you reverted now states there is a legal gray area. What is the source on that statement? ''A government interpretation from 2011.'' [[User:Cantthinkofaname2022|Cantthinkofaname2022]] ([[User talk:Cantthinkofaname2022|talk]]) 03:17, 1 January 2023 (UTC) |
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:::::::::I'm not fxcking talking about 'Artikel 240b'. you know? 'Artikel 240b' is clearly published law, that's i know. But 'fictinoal porno' is not announced by law. There is no law like 'fictional porno can be punish'. do you understand? [[User:Brians198|Brians198]] ([[User talk:Brians198|talk]]) 05:44, 1 January 2023 (UTC) |
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::The simple question is: has the law been changed since the 2013 declaration by the dutch supreme court? https://uitspraken.rechtspraak.nl/#!/details?id=ECLI:NL:HR:2013:BY9719 Because, to clarify BOTH SIDES ARE RIGHT. Even a drawing can be illegal according to 240b if it was made with the involvement of someone underage. However, as the Supreme Court declared, drawings without that are not illegal. [[Special:Contributions/2001:4C4C:1ED1:9B00:A174:D435:88A7:5E7B|2001:4C4C:1ED1:9B00:A174:D435:88A7:5E7B]] ([[User talk:2001:4C4C:1ED1:9B00:A174:D435:88A7:5E7B|talk]]) 08:44, 10 January 2023 (UTC) |
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{{edit semi-protected|Legality of child pornography|answered=yes}} |
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In the status of Taiwan, please |
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1. Change "Fictional" status to "Legal" |
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{{edit semi-protected|Legality of child pornography|answered=no}} |
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2. Change "Possession" status to "Legal; fictional only" |
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Child pornography and possession is illegal in Turkey with two to five years of imprisonment and 5000 days of fine for violations. Fictional child pornography has been banned since 2016, when KVKK went in effect.<ref>{{cite web|url=https://www.state.gov/reports/2020-country-reports-on-human-rights-practices/turkey/|title=2020 Country Reports on Human Rights Practices: Turkey|publisher=United States Department of State|page=60|accessdate=April 5, 2021}}</ref><ref>{{cite web|url=https://mevzuat.gov.tr/mevzuat?MevzuatNo=5237&MevzuatTur=1&MevzuatTertip=5|title=Türk Ceza Kanunu|accessdate=January 7, 2021}}</ref> |
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3. In "Short summary" section: Change `The law doesn't explicitly include "simulated images".[150]` to `Fictional child pornography, with the exception of creations depicting real people or realistic images generated by AI, are excluded from the "Child and Youth Sexual Exploitation Prevention Act".[150]` |
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4. Replace source [150] with "https://join.gov.tw/idea/detail/233df5b7-cbb8-4ffc-b8fb-5279ef84823a" |
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More details: |
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The current article mentions that the law is ambiguous, which just changed recently. An executive letter (Official Correspondence No. 1130014287 from the Ministry of Health and Welfare<ref>https://join.gov.tw/idea/detail/233df5b7-cbb8-4ffc-b8fb-5279ef84823a</ref>) published on 14th of May, 2024 following a meeting between the legislative, judicial, and general public clarified that the ambiguous portion of the "Child and Youth Sexual Exploitation Prevention Act" did not intend to limit freedom of expression but rather protect real children, thus the document interprets and limits the law from affecting fictional art (with the exceptions mentioned above). Also, source [150] is a dead link, though it is no longer needed after this change is applied. The same set of changes has been applied to the Chinese version of this page. [[User:Froxcey|Froxcey]] ([[User talk:Froxcey|talk]]) 17:24, 15 July 2024 (UTC) |
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:{{done}}<!-- Template:ESp --> [[User:AlphaBetaGamma|ABG]] <small> ([[User talk:AlphaBetaGamma|Talk/Report any mistakes here]]) </small> 02:17, 9 September 2024 (UTC) |
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The punishment for possession was corrected. See article 226. |
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Fictional child pornography has been banned since 2016, as can be seen in 81st footnote of the penal code. |
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Add a direct reference to penal code, which is in Turkish. [[Special:Contributions/88.246.198.37|88.246.198.37]] ([[User talk:88.246.198.37|talk]]) 19:43, 7 January 2023 (UTC) |
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== Uruguay == |
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One of the references is broken (page doesn't exist) and possession is illegal according to [https://www.impo.com.uy/bases/leyes/17815-2004 article 2 of this law] [[User:IASturgeon42|IASturgeon42]] ([[User talk:IASturgeon42|talk]]) 01:36, 1 September 2024 (UTC) |
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== Edit request on Russia == |
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The articles 242.1, 242.2 and 135 of the Criminal Code of the Russian Federation sanctions and penalizes acts of corrupting minors and anything related to child pornography [[Special:Contributions/181.2.17.152|181.2.17.152]] ([[User talk:181.2.17.152|talk]]) 12:26, 7 October 2024 (UTC) |
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== Edit Usa legality == |
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in the usa fictional or real is illegal and are not protected by the first amendment |
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https://www.justice.gov/criminal/criminal-ceos/citizens-guide-us-federal-law-child-pornography |
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Images of child pornography are not protected under First Amendment rights, and are illegal contraband under federal law. Section 2256 of Title 18, United States Code, defines child pornography as any visual depiction of sexually explicit conduct involving a minor (someone under 18 years of age). Visual depictions include photographs, videos, digital or computer generated images indistinguishable from an actual minor, and images created, adapted, or modified, but appear to depict an identifiable, actual minor. [[User:Thesweetiger|Thesweetiger]] ([[User talk:Thesweetiger|talk]]) 12:51, 27 October 2024 (UTC) |
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== edit request france == |
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same happen i think someone hide the true by defacing this article |
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because fictional is also prohibited so reference |
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I do research long time ago and with the story on furaffinity right now , I update my link and I see this wiki content fake information , so I probably request multiple edit sorry |
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in France is clearly state this any images , photo , draw , video , sound is prohibited |
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source from the france gouvernement directly in french only |
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https://www.legifrance.gouv.fr/codes/article_lc/LEGIARTI000043409170 |
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so reference 191 should be replaced by the provided link |
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reference 192 is garbage and should be removed since it talk about a new rules for ISP to remove some content and don't talk about what is child porn [[User:Thesweetiger|Thesweetiger]] ([[User talk:Thesweetiger|talk]]) 13:09, 27 October 2024 (UTC) |
Latest revision as of 18:30, 27 October 2024
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Protected edit request on 11 February 2023
[edit]In the status of Cyprus, change "Fictional" status to "Illegal" as possession of fictional pornography is illegal.
Legalization of fictional child pornography in Taiwan
[edit]This edit request has been answered. Set the |answered= or |ans= parameter to no to reactivate your request. |
In the status of Taiwan, please
1. Change "Fictional" status to "Legal"
2. Change "Possession" status to "Legal; fictional only"
3. In "Short summary" section: Change `The law doesn't explicitly include "simulated images".[150]` to `Fictional child pornography, with the exception of creations depicting real people or realistic images generated by AI, are excluded from the "Child and Youth Sexual Exploitation Prevention Act".[150]`
4. Replace source [150] with "https://join.gov.tw/idea/detail/233df5b7-cbb8-4ffc-b8fb-5279ef84823a"
More details:
The current article mentions that the law is ambiguous, which just changed recently. An executive letter (Official Correspondence No. 1130014287 from the Ministry of Health and Welfare[1]) published on 14th of May, 2024 following a meeting between the legislative, judicial, and general public clarified that the ambiguous portion of the "Child and Youth Sexual Exploitation Prevention Act" did not intend to limit freedom of expression but rather protect real children, thus the document interprets and limits the law from affecting fictional art (with the exceptions mentioned above). Also, source [150] is a dead link, though it is no longer needed after this change is applied. The same set of changes has been applied to the Chinese version of this page. Froxcey (talk) 17:24, 15 July 2024 (UTC)
Uruguay
[edit]One of the references is broken (page doesn't exist) and possession is illegal according to article 2 of this law IASturgeon42 (talk) 01:36, 1 September 2024 (UTC)
Edit request on Russia
[edit]The articles 242.1, 242.2 and 135 of the Criminal Code of the Russian Federation sanctions and penalizes acts of corrupting minors and anything related to child pornography 181.2.17.152 (talk) 12:26, 7 October 2024 (UTC)
Edit Usa legality
[edit]in the usa fictional or real is illegal and are not protected by the first amendment
https://www.justice.gov/criminal/criminal-ceos/citizens-guide-us-federal-law-child-pornography
Images of child pornography are not protected under First Amendment rights, and are illegal contraband under federal law. Section 2256 of Title 18, United States Code, defines child pornography as any visual depiction of sexually explicit conduct involving a minor (someone under 18 years of age). Visual depictions include photographs, videos, digital or computer generated images indistinguishable from an actual minor, and images created, adapted, or modified, but appear to depict an identifiable, actual minor. Thesweetiger (talk) 12:51, 27 October 2024 (UTC)
edit request france
[edit]same happen i think someone hide the true by defacing this article because fictional is also prohibited so reference I do research long time ago and with the story on furaffinity right now , I update my link and I see this wiki content fake information , so I probably request multiple edit sorry
in France is clearly state this any images , photo , draw , video , sound is prohibited source from the france gouvernement directly in french only
https://www.legifrance.gouv.fr/codes/article_lc/LEGIARTI000043409170
so reference 191 should be replaced by the provided link reference 192 is garbage and should be removed since it talk about a new rules for ISP to remove some content and don't talk about what is child porn Thesweetiger (talk) 13:09, 27 October 2024 (UTC)
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