Talk:Legality of child pornography: Difference between revisions
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*'''Only governmental, organizational, or scholarly sources should be used in this article whenever possible.''' |
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==Legality== |
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The lede of this article states that "child pornography is illegal in most but not all nations." However this seems overly vague in that it could mean either possession or distribution. I looked at the cited source and did not see any discussion of overall global statistics, though on page 12 there was a paragraph about Western societies. According to a 2008 study it seems possible this statement is actually wrong as only 58 known countries had laws on possession (see the main article's talk page). —[[User:Rehoboam|Rehoboam]] ([[User talk:Rehoboam|talk]]) 08:59, 27 February 2010 (UTC) |
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==Map== |
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The article tells a very different tale from the map, which would lead one to believe that child pornography is legal in most of Africa, Russia and most of the former Soviet Union, as well as a good chunk of South America and Southeast Asia. [[Special:Contributions/75.158.37.149|75.158.37.149]] ([[User talk:75.158.37.149|talk]]) 14:18, 4 August 2013 (UTC) |
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:The map, I think it's the same map, is basically just a bunch of randomly colored countries. Very little accuracy, and it contradicts the content of this article in many places. I'm removing it (again). [[User:Grayfell|Grayfell]] ([[User talk:Grayfell|talk]]) 07:50, 2 December 2014 (UTC) |
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::I have re-added the [[C:File:Pornography laws.2012 09 02 05 30 42.0.svg|map]] with [[C:File Talk:Pornography laws.2012 09 02 05 30 42.0.svg|errors solved]] --[[User:Lorenzo Fiocco|Lorenzo Fiocco]] ([[User talk:Lorenzo Fiocco|talk]]) 19:25, 23 December 2016 (UTC) |
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== Inconsistent information == |
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== Protected edit request on 11 February 2023 == |
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The article says "However, Simulated child pornography remains to be legal everywhere in the US.", yet in http://en.wikipedia.org/wiki/Simulated_child_pornography , it states that "Any realistic appearing computer generated depiction that is indistinguishable from a depiction of an actual minor in sexual situations or engaging in sexual acts is illegal under 18 U.S.C. § 2252A. Drawings, cartoons, sculptures, and paintings of minors in sexual situations that do not pass the Miller test were made illegal under 18 U.S.C. § 1466A." |
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In the status of Cyprus, change "Fictional" status to "Illegal" as possession of fictional pornography is illegal. |
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Can somebody please get a definitive answer and make all articles show consistent information? I know that the bits of the PROTECT act, including, "a visual depiction of any kind, including a drawing, cartoon, sculpture, or painting" were ruled to be unconstitutional in the Handley case. [[Special:Contributions/71.75.130.191|71.75.130.191]] ([[User talk:71.75.130.191|talk]]) 03:47, 25 July 2014 (UTC) |
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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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:Someone went to jail for it, so I don't think it's a mystery. Recently an individual who hosts child pornography in the US made the statement it was legal, and many of the site's visitors are probably editing articles to support his views. --[[User:OKNoah|OKNoah]] ([[User talk:OKNoah|talk]]) 04:47, 3 July 2015 (UTC) |
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== Legalization of fictional child pornography in Taiwan == |
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:The truth is, there is no definitive answer. This law has been applied in only a handful of cases, usually involving people who also possessed actual child porn. What we do know is that several prominent websites allow users to freely upload and share this cartoon "child pornography" without any legal rammifications. The fact that the FBI has not shut down a site like Gelbooru, for instance, suggests that any law against the content is not actively enforced. However, if you go directly to the cops and confess that you store cartoon porn of the Powerpuff Girls or whatever, maybe they'll give you an obscenity charge. So the simple answer is "yes", but this answer gives no information about the law's enforcement and constitutional validity, so it's very misleading. [[Special:Contributions/195.191.165.5|195.191.165.5]] ([[User talk:195.191.165.5|talk]]) 03:03, 13 July 2015 (UTC) |
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{{edit semi-protected|Legality of child pornography|answered=yes}} |
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:Guyana has "illegal" in green and "legal" in red.[[Special:Contributions/23.122.254.175|23.122.254.175]] ([[User talk:23.122.254.175|talk]]) 15:09, 28 April 2016 (UTC) |
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In the status of Taiwan, please |
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1. Change "Fictional" status to "Legal" |
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== Regarding the "All formsdone.child pornography are illegal under the accordance of EU law."-edits == |
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2. Change "Possession" status to "Legal; fictional only" |
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Not all countries have implemented these laws and fictional child pornography remains legal in some EU member countries. It's preposterous to assume all EU laws are implemented in every member state. An implementation of the cited EU-law regarding legality of fictional child pornography to not require the material to be realistic or based on real life was proposed in Finland in 2010, but not realised. <ref name="edilex.fi">{{ cite web|title=17 luku - 18 § Sukupuolisiveellisyyttä loukkaavan kuvan levittäminen (Finnish) |url=https://www.edilex.fi/he/20100282#OT27 |accessdate=2015-09-27}}</ref> I will not make it my task to revert erroneous edits and research which countries actually have implemented these law changes, but I propose it is [[User:Seqqis|Seqqis]] who should fix damage done and conduct proper research before such major overhauls in the future. [[Special:Contributions/93.106.103.81|93.106.103.81]] ([[User talk:93.106.103.81|talk]]) 11:11, 27 September 2015 (UTC) |
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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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::[[Special:Contributions/93.106.103.81|93.106.103.81]], There were no links relating to Finland's exempt to EU law, and there was no damage done. [[User:Seqqis|Seqqis]] ([[User talk:Seqqis|talk]]) 08:38, 15 October 2015 (UTC) |
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4. Replace source [150] with "https://join.gov.tw/idea/detail/233df5b7-cbb8-4ffc-b8fb-5279ef84823a" |
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:By damage done I mean your edit claiming all EU-countries implemented this, something that I know to be false.[[Special:Contributions/93.106.126.25|93.106.126.25]] ([[User talk:93.106.126.25|talk]]) 19:21, 13 November 2015 (UTC) |
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::As I said, no damage was done. The reference added to all the EU countries in the table states that "Under European Union law, online child pornography is regulated as illegal material that violates human rights."[[User:Seqqis|Seqqis]] ([[User talk:Seqqis|talk]]) 07:40, 16 November 2015 (UTC) |
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:::The current state of the article claims Finland to be the only member country of the European Union to have exceptions in- or ambiguous laws regarding virtual child pornography; this is false. There have been several cases in Europe, a few of them stated in [[Legal status of drawn pornography depicting minors]]. Furthermore, I have never heard of the European Union sanctioning any of its member countries for this, nor it ever being enforced. --[[Special:Contributions/91.150.33.41|91.150.33.41]] ([[User talk:91.150.33.41|talk]]) 01:27, 13 March 2017 (UTC) |
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:::May I add that in your [http://citation.allacademic.com/meta/p_mla_apa_research_citation/0/9/2/6/3/p92638_index.html cited source], the author "presumes" that all forms of child pornography are illegalised. Later, unless I missed something, they state that the European Union's stance "includes realistic images of a non-existent child involved or engaged in sexually explicit conduct" which makes it exclude drawings that are clearly mere drawings. Could you clarify where you got the idea that the European Union has banned all forms of virtual child pornography? There is a statement of this at page 2 but the author later contradtics themself. --[[Special:Contributions/91.150.33.41|91.150.33.41]] ([[User talk:91.150.33.41|talk]]) 01:52, 13 March 2017 (UTC) Edit. [[Special:Contributions/91.150.33.41|91.150.33.41]] ([[User talk:91.150.33.41|talk]]) |
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More details: |
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* The sooner that it is forbidden in all the world, the better. [[User:Anthony Appleyard|Anthony Appleyard]] ([[User talk:Anthony Appleyard|talk]]) 06:06, 3 November 2016 (UTC) |
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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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{{Reflist}} |
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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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==Term left undefined== |
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What is "fictional" child porn? There is no Wikipedia page on it. I suggest someone who knows what it is define it with written examples in contrast to what real child porn is. [[Special:Contributions/2601:601:8302:7B30:2430:C54F:7171:5262|2601:601:8302:7B30:2430:C54F:7171:5262]] ([[User talk:2601:601:8302:7B30:2430:C54F:7171:5262|talk]]) 21:33, 1 October 2016 (UTC) |
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:The term "fictional" has been clarified by Finnish internet police officer Marko Forss, albeit in Finnish<ref>https://www.facebook.com/epasosiaalinenmedia/posts/1425405027691185</ref>. He defines the 2011-addition to the law, adding the term fictional, as it not having been produced through photography or through image-manipulation to appear indistinguishably realistic. "Factual" child pornogeraphy is exactly as stated in the article, pornography produced through any means depicting an act of sexual child abuse that actually took place. Forss also reminds that drawings and animations of child pornography that fit neither of these criteria, for example in entirely fictional manga, are indeed legal. --[[Special:Contributions/91.150.33.41|91.150.33.41]] ([[User talk:91.150.33.41|talk]]) 01:27, 13 March 2017 (UTC) |
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{{reflist-talk}} |
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== Requested move 1 November 2016 == |
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== Uruguay == |
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:''The following is a closed discussion of a [[WP:requested moves|requested move]]. <span style="color:red">'''Please do not modify it.'''</span> Subsequent comments should be made in a new section on the talk page. Editors desiring to contest the closing decision should consider a [[Wikipedia:move review|move review]]. No further edits should be made to this section. '' |
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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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The result of the move request was: '''Moved''' with support <small>([[Wikipedia:Requested moves/Closing instructions#Non-admin closure|non-admin closure]])</small> — [[User:Andy M. Wang|'''''Andy W.''''']] ([[User talk:Andy M. Wang|<span style="color:#164">talk</span>]]) 01:23, 10 November 2016 (UTC) |
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---- |
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== Edit request on Russia == |
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[[:Laws regarding child pornography]] → {{no redirect|Legality of child pornography}} – The title format ought to be consistent with the rest or majority of similar Wikipedia articles. For most other areas of law that differ from nation to nation, the format is "Legality of X". For examples, see: [[legality of cannabis]] and [[legality of euthanasia]]. "Legal status of X" would also work. [[User:Michipedian|Michipedian]] ([[User talk:Michipedian|talk]]) 18:49, 1 November 2016 (UTC) |
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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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*Hmm. We also have [[Laws regarding rape]]. I don't feel strongly enough about the proposed title to support or oppose. [[User:Flyer22 Reborn|Flyer22 Reborn]] ([[User talk:Flyer22 Reborn|talk]]) 02:49, 3 November 2016 (UTC) |
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*'''Support''' - 'Laws' is such a vague term, it should say laws by country if it were to be used correctly anyway. Legality is a lot more understandable and fits better with the content of the article. <!-- Template:Unsigned --><small class="autosigned">— Preceding [[Wikipedia:Signatures|unsigned]] comment added by [[User:User1937|User1937]] ([[User talk:User1937#top|talk]] • [[Special:Contributions/User1937|contribs]]) 16:37, 6 November 2016 (UTC)</small> <!--Autosigned by SineBot--> |
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== Edit Usa legality == |
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---- |
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:''The above discussion is preserved as an archive of a [[Wikipedia:Requested moves|requested move]]. <span style="color:red">'''Please do not modify it.'''</span> Subsequent comments should be made in a new section on this talk page or in a [[Wikipedia:Move review|move review]]. No further edits should be made to this section.''</div><!-- Template:RM bottom --> |
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in the usa fictional or real is illegal and are not protected by the first amendment |
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== israel == |
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https://www.justice.gov/criminal/criminal-ceos/citizens-guide-us-federal-law-child-pornography |
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in israel regular pornography is legal so can someone change it in table. <!-- Template:Unsigned IP --><small class="autosigned">— Preceding [[Wikipedia:Signatures|unsigned]] comment added by [[Special:Contributions/109.66.88.71|109.66.88.71]] ([[User talk:109.66.88.71#top|talk]]) 15:39, 1 March 2017 (UTC)</small> <!--Autosigned by SineBot--> |
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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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== External links modified == |
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== edit request france == |
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Hello fellow Wikipedians, |
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same happen i think someone hide the true by defacing this article |
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I have just modified 4 external links on [[Legality of child pornography]]. Please take a moment to review [https://en.wikipedia.org/enwiki/w/index.php?diff=prev&oldid=780171108 my edit]. If you have any questions, or need the bot to ignore the links, or the page altogether, please visit [[User:Cyberpower678/FaQs#InternetArchiveBot|this simple FaQ]] for additional information. I made the following changes: |
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because fictional is also prohibited so reference |
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*Added archive https://web.archive.org/web/20100602083205/http://www.icmec.org/en_X1/pdf/SummerNewsletter2006formatted.pdf to http://www.icmec.org/en_X1/pdf/SummerNewsletter2006formatted.pdf |
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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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*Added archive https://web.archive.org/web/20120316121435/http://www.csecworldcongress.org/en/index.htm to http://www.csecworldcongress.org/en/index.htm |
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*Added archive https://web.archive.org/web/20130124010543/http://www.somaliweyn.com/pages/news/Aug_12/Somalia_Constitution_English_FOR_WEB.pdf to http://www.somaliweyn.com/pages/news/Aug_12/Somalia_Constitution_English_FOR_WEB.pdf |
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*Added archive https://web.archive.org/web/20090526083325/http://www.ussc.gov/r_congress/SCAC.HTM to http://www.ussc.gov/r_congress/SCAC.HTM |
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in France is clearly state this any images , photo , draw , video , sound is prohibited |
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When you have finished reviewing my changes, you may follow the instructions on the template below to fix any issues with the URLs. |
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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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{{sourcecheck|checked=false|needhelp=}} |
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so reference 191 should be replaced by the provided link |
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Cheers.—[[User:InternetArchiveBot|'''<span style="color:darkgrey;font-family:monospace">InternetArchiveBot</span>''']] <span style="color:green;font-family:Rockwell">([[User talk:InternetArchiveBot|Report bug]])</span> 13:09, 13 May 2017 (UTC) |
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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) |
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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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