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Legality of child pornography

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Nations based on their laws involving possession of child pornography:
  Possession of any kind of pornography (including child pornography) legal
  Possession of child pornography illegal
  Possession of any kind of pornography illegal
  Data unavailable

The legality of child pornography is explicitly addressed 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, anime, manga or written child pornography and others require ISPs (Internet service providers) to monitor internet traffic to detect it.[4][5][6]

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.

International treaties

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 2001.[8]

Debate

While laws criminalizing child sexual abuse now exist in all countries of the world,[9][10] more diversity of views exists on questions like exactly how young those depicted in pornography should be allowed to be, whether the mere possession of child pornography should be a crime, or whether sentences for such possession should be modified.

In 1999, in the case of R. v. Sharpe, British Columbia's highest court struck down a law against possessing child pornography as unconstitutional.[11] That opinion, written by Justice Duncan Shaw, held, "There is no evidence that demonstrates a significant increase in the danger to children caused by pornography", and "A person who is prone to act on his fantasies will likely do so irrespective of the availability of pornography."[12] The Opposition in the Canadian Parliament considered invoking the notwithstanding clause to override the court's ruling.[13] However, it was not necessary because the Canadian Supreme Court overturned the decision with several findings including that viewing such material makes it more likely that the viewer will abuse, that the existence of such materials further hurts the victims as they know of its existence, and that the demand for such images encourages the abuse.[14]

In the United States, some federal judges have argued that the U.S. Sentencing Guidelines' recommended penalties for possessors of child pornography are too harsh.[15] Judge Jack B. Weinstein of New York criticizes the mandatory sentence for possession of child pornography as often higher than the penalty for actually committing the act of child abuse it depicts. Furthermore, child pornography prosecutions have led to dozens of suicides, some of them among the innocently accused.[16] The requirement that people convicted of possessing child pornography pay restitution has been criticized by some judges and law professors. This has been particularly controversial in cases involving millions of dollars of restitution, as in those pertaining to the Misty Series.[17] But in 2010, the US Ninth Circuit Court of Appeals ruled that restitution directly to depicted minors was an appropriate penalty for possession of child pornography.[18]

During the nomination process at the 2008 Libertarian National Convention, anarcho-capitalist and U.S. Presidential candidate Mary Ruwart came under fire for her comment in her 1998 book, Short answers to the tough questions, in which she stated her opposition not only to laws against possession of child pornography but even against its production, based on her belief that such laws actually encourage such behavior by increasing prices.[19] Shane Cory, on behalf of the minarchist United States Libertarian Party in his role as executive director, issued a response saying, "We have an obligation to protect children from sexual exploitation and abuse, and we can do this by increasing communication between state and federal agencies to help combat this repulsive industry. While privacy rights should always be respected in the pursuit of child pornographers, more needs to be done to track down and prosecute the twisted individuals who exploit innocent children."[20] Cory resigned after the party refused to vote on a resolution asking states to strongly enforce existing child porn laws.[21]

Table

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 All forms of child pornography are illegal.
Algeria Algeria Illegal Illegal Illegal Illegal Illegal Illegal All forms of pornography are illegal.
Andorra Andorra Illegal Illegal Illegal Illegal Illegal Illegal All forms of child pornography are illegal.
Argentina Argentina Illegal Uncertain Illegal Illegal Illegal Illegal
Armenia Armenia Illegal Illegal Illegal Illegal Illegal Illegal
Australia Australia (including all territories) Illegal Illegal Illegal Illegal Illegal Illegal Child pornography is classed under extreme by the government.
Austria Austria Illegal Legal Legal; Fictional only Legal; Fictional only Legal; Fictional only Legal; Fictional only Photorealistic (lit. "close to reality") depictions are prohibited, and are treated as regular child pornography.[22]
Azerbaijan Azerbaijan Illegal Illegal Illegal Illegal Illegal Illegal
Bangladesh Bangladesh Illegal Illegal Illegal Illegal Illegal Illegal All forms of pornography are illegal since 2012.
Country, disputed country or territory Real child pornography Fictional child pornography Possession Sale Production Distribution Notes
Belarus Belarus Illegal Illegal Legal Illegal Illegal Illegal All forms of pornography are technically illegal; however, possession is not banned.
Belize Belize Illegal Illegal Legal Uncertain Uncertain Uncertain
Bhutan Bhutan Uncertain Uncertain Uncertain Uncertain Uncertain Uncertain
Belgium Belgium Illegal Illegal Illegal Illegal Illegal Illegal All forms of child pornography are illegal in accordance with EU law.
Benin Benin Legal Legal Legal Legal Legal Legal
Botswana Botswana Illegal Illegal Illegal Illegal Illegal Illegal Enforcement is very strict.
Brazil Brazil Illegal Legal Legal; Fictional 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 Uncertain Uncertain Illegal Illegal Illegal
Country, disputed country or territory Real child pornography Fictional child pornography Possession Sale Production Distribution Notes
Canada Canada Illegal Illegal Illegal Illegal Illegal Illegal Regardless of whether it is real or fictional, Canada has a zero-tolerance policy towards child pornography; subject 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 theoretically illegal on the mainland, though in practice many do circulate.
Egypt Egypt Illegal Illegal Illegal Illegal Illegal Illegal All forms of pornography are illegal.
Republic of the Congo Republic of Congo Illegal Illegal Illegal Illegal Illegal Illegal
Ivory Coast Ivory Coast Illegal Illegal Illegal Illegal Illegal Illegal All forms of pornography are illegal.
Comoros Comoros Illegal Illegal Illegal Legal Illegal Legal
Croatia Croatia Illegal[23] Illegal Illegal Illegal Illegal Illegal All forms of child pornography are illegal in accordance with EU law.[23]
Czech Republic Czech Republic Illegal Illegal Illegal Illegal Illegal Illegal A bill was passed in 2007 completely prohibiting possession of child pornography in accordance with EU law.[23]
Denmark Denmark Illegal Legal Legal; Fictional only Legal; Fictional only Legal; Fictional only Legal; Fictional only
Country, disputed country or territory Real child pornography Fictional child pornography Possession Sale Production Distribution Notes
Djibouti Djibouti Illegal Illegal Illegal Illegal Illegal Illegal All forms of pornography are 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
Finland Finland Illegal Legal Legal; fictional only Legal; fictional only Legal; fictional only Legal; fictional only If there is no child (defined as a real person) in child pornography, then it is legal.
France France (including all territories) Illegal Legal; Artwork only Illegal Illegal Illegal Legal; Artwork only[24] All forms of child pornography are illegal in accordance with EU law.[23]
Gabon Gabon Illegal Illegal Illegal Illegal Illegal Illegal All forms of pornography are illegal.
The Gambia Gambia Illegal Illegal Illegal Illegal Illegal Illegal
Georgia (country) Georgia Illegal Illegal Illegal Illegal Illegal Illegal
Germany Germany Illegal Legal; No real events related Illegal Illegal Illegal Legal; Fictional with no real events related only A child pornographic script that reproduces or produces an actual event is illegal.[25]
Country, disputed country or territory Real child pornography Fictional child pornography Possession Sale Production Distribution Notes
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 All forms of child pornography are illegal in accordance with EU law.[23]
Guinea Guinea Illegal Illegal Illegal Illegal Illegal Illegal
Guinea-Bissau Guinea-Bissau Legal Legal Legal Legal Legal Legal
Guyana Guyana Legal Legal Legal Illegal Legal Illegal
Hong Kong Hong Kong Illegal Illegal Illegal Illegal Illegal Illegal
Hungary Hungary Illegal Illegal Illegal Illegal Illegal Illegal All forms of child pornography are illegal in accordance with EU law.[23]
Iceland Iceland Illegal Illegal Illegal Illegal Illegal Illegal All forms of pornography are illegal.
India India Illegal Illegal Illegal Illegal Illegal Illegal
Indonesia Indonesia Illegal Uncertain Legal Illegal Illegal Illegal All forms of pornography are technically illegal, but Indonesia has no laws regarding child pornography online. Indonesia is called a heaven for child pornography.
Country, disputed country or territory Real child pornography Fictional child pornography Possession Sale Production Distribution Notes
Iran Iran Illegal Illegal Illegal Illegal Illegal Illegal All forms of pornography are illegal.
Israel Israel (excluding Palestinian territories) Illegal Illegal Illegal Illegal Illegal Illegal
Italy Italy Illegal Illegal Illegal Illegal Illegal Illegal All forms of child pornography are illegal in accordance with EU law.[23]
Jamaica Jamaica Illegal Illegal Illegal Illegal Illegal Illegal All forms of pornography are illegal.
Japan Japan Illegal[26] Legal Legal; fictional only Legal; fictional only (unless obscene) Legal; fictional only Legal; fictional only (unless obscene) A law came into effect in 1999 that forbids the sale, production and distribution of child pornography as well as the possession of child pornography for the aforementioned purposes. Simple possession (with no intent to sell, produce, or distribute) was outlawed in 2014; Hentai was excluded to prevent abuse of the law due to its ambiguity.
Kazakhstan Kazakhstan Illegal Illegal Legal Illegal Illegal Illegal
Kenya Kenya Illegal Illegal Illegal Illegal Illegal Illegal All forms of pornography are illegal.
Kosovo Kosovo Illegal Illegal Illegal Illegal Illegal Illegal
Kuwait Kuwait Illegal Illegal Illegal Illegal Illegal Illegal Any kind of pornography is illegal.
Lesotho Lesotho Illegal Illegal Illegal Illegal Illegal Illegal
Country, disputed country or territory Real child pornography Fictional child pornography Possession Sale Production Distribution Notes
Liberia Liberia Illegal Illegal Illegal Illegal Illegal Illegal
Libya Libya Illegal Illegal Illegal Illegal Illegal Illegal All forms of pornography are illegal.
Macau Macau Illegal Illegal Uncertain Illegal Illegal Illegal
Madagascar Madagascar Illegal Illegal Illegal Illegal Illegal Illegal
Malaysia Malaysia Illegal Illegal Illegal Illegal Illegal Illegal Possession, sale, production, and distribution of child pornography criminalised in section 4 to 10 of the Sexual Offences Against Children Act 2017, including materials involving "a person appearing to be a child engaged in sexually explicit conduct" and "realistic or graphic images of a person appearing to be a child engaged in sexually explicit conduct".
Maldives Maldives Illegal Illegal Uncertain Illegal Illegal Illegal All forms of pornography are illegal.
Mali Mali Illegal Illegal Illegal Illegal Illegal Illegal All forms of pornography are 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.
Country, disputed country or territory Real child pornography Fictional child pornography Possession Sale Production Distribution Notes
Monaco Monaco Illegal Illegal Illegal Illegal Illegal Illegal All forms of child pornography are illegal.
Morocco Morocco Illegal Illegal Illegal Illegal Illegal Illegal All forms of pornography are illegal.
Mozambique Mozambique Illegal, but unenforced Illegal, but unenforced Illegal, but unenforced Illegal, but unenforced Illegal, but unenforced Illegal, but often unforced
Republic of Artsakh 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 All forms of child pornography are illegal in accordance with EU law.[23]
New Zealand New Zealand (including all territories) Illegal Illegal Illegal Illegal Illegal Illegal Child pornography is classed under extreme.
Niger Niger Illegal Illegal Illegal Illegal Illegal Illegal
North Korea North Korea Illegal Illegal Illegal Illegal Illegal Illegal

All forms of pornography are illegal.

Northern Cyprus Northern Cyprus Illegal Illegal Illegal Illegal Illegal Illegal
Country, disputed country or territory Real child pornography Fictional child pornography Possession Sale Production Distribution Notes
Norway Norway (including all territories) Illegal Illegal Illegal Illegal Illegal Illegal
Oman Oman Illegal Illegal Illegal Illegal Illegal Illegal All forms of pornography are illegal.
Pakistan Pakistan Illegal Illegal Illegal Illegal Illegal Illegal All forms of pornography are 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 illegal by the government.
Philippines Philippines Illegal Illegal Illegal Illegal Illegal Illegal All forms of pornography are illegal.
Poland Poland Illegal Illegal Illegal Illegal Illegal Illegal All forms of child pornography are illegal in accordance with EU law.[23]
Portugal Portugal Illegal Illegal Illegal Illegal Illegal Illegal All forms of child pornography are illegal in accordance with EU law.[23]
Romania Romania Illegal Illegal Illegal Illegal Illegal Illegal All forms of child pornography are illegal in accordance with EU law.
Country, disputed country or territory Real child pornography Fictional child pornography Possession Sale Production Distribution Notes
Russia Russia (including Crimea) Illegal Illegal Illegal 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 illegal.
Senegal Senegal Illegal Illegal Illegal Illegal Illegal Illegal All forms of pornography are illegal.
Sierra Leone Sierra Leone Legal Legal Legal Legal Legal Legal
Singapore Singapore Illegal[27] Illegal[28] Illegal[29] Illegal[27] Illegal[27] Illegal[27] ICMEC Singapore has built a voluntary Asia-Pacific Financial Coalition Against Child Pornography (APAC-FCACP) to fight online child sexual exploitation.[30]
Slovakia Slovakia Illegal Illegal Illegal Illegal Illegal Illegal All forms of child pornography are illegal in accordance with EU law.[23]
Somalia Somalia Illegal Illegal Illegal Illegal Illegal Illegal All forms of pornography are illegal.
South Africa South Africa Illegal Illegal Illegal Illegal Illegal Illegal
Country, disputed country or territory Real child pornography Fictional child pornography Possession Sale Production Distribution Notes
South Korea South Korea Illegal Illegal Legal; unless it's for the purpose of profit.[31] Illegal Illegal Illegal All forms of pornography are technically illegal; however, possession without intent to profit is not banned.
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 All forms of child pornography are illegal in accordance with EU law.[23]
Sri Lanka Sri Lanka Illegal Illegal Illegal Illegal Illegal Illegal All forms of pornography are illegal since 2009.
Sweden Sweden Illegal Legal Legal; Fictional only Legal; Fictional only Legal; Fictional only Legal; Fictional only
Sudan Sudan Illegal Illegal Illegal Illegal Illegal Illegal All forms of pornography are illegal.
Syria Syria Illegal Illegal Uncertain Illegal Illegal Illegal All forms of pornography are illegal.
Taiwan Taiwan Illegal Illegal Illegal Illegal Illegal Illegal
Thailand Thailand Illegal Illegal Illegal Illegal Illegal Illegal All forms of pornography are illegal.
Country, disputed country or territory Real child pornography Fictional child pornography Possession Sale Production Distribution Notes
Togo Togo Illegal Illegal Illegal Illegal Illegal Illegal
Transnistria Transnistria Illegal Illegal Illegal Illegal Illegal Illegal
Turkey Turkey Illegal Illegal Illegal[32] Illegal Illegal Illegal
Uganda Uganda Legal Legal Legal Legal Legal Legal
Ukraine Ukraine Illegal Illegal Illegal Illegal Illegal Illegal Any kind of pornography is illegal.
United Kingdom United Kingdom (including all territories) Illegal Illegal Illegal Illegal Illegal Illegal
Main articles: Protection of Children Act 1978 and Coroners and Justice Act 2009
Laws on child pornography (real or fictional) are very strict; it is subject to censorship and all forms of child pornography are illegal in the UK in accordance with EU law. The punishments are some of the harshest in the world. Although the UK made child pornography illegal long before the European Union did so, a Directive was also passed by the EU in 2006 that requires all forms of child pornography to be illegal in all EU member states.[23]
United States United States (including all territories) Illegal Legal (unless obscene)[33] Legal; fictional only Legal; fictional only Legal; fictional only Legal; fictional only
Main article: PROTECT act of 2003
Laws on child pornography are very strict with some of the harshest penalties in the world. Fictional child nudity and erotica is protected as freedom of expression if considered art, unless it is considered obscene.
Country, disputed country or territory Real child pornography Fictional child pornography Possession Sale Production Distribution Notes
Venezuela Venezuela Illegal Uncertain Uncertain Uncertain Uncertain Uncertain The Special Law on Computer Crimes prohibits the use of "an image of a child or adolescent for exhibitionist or pornographic purposes by any means that involve the use of information technologies".
Vietnam Vietnam Illegal Illegal Illegal Illegal Illegal Illegal All forms of pornography are illegal.
Western Sahara Western Sahara Uncertain Uncertain Uncertain Uncertain Uncertain Uncertain
Yemen Yemen Illegal Illegal Illegal Illegal Illegal Illegal All forms of pornography are illegal.
Zambia Zambia Illegal Illegal Illegal Illegal Illegal Illegal All forms of pornography are illegal.
Zimbabwe Zimbabwe Legal[citation needed] Legal[citation needed] Illegal Illegal Illegal Illegal
Country, disputed country or territory Real child pornography Fictional child pornography Possession Sale Production Distribution Notes

Africa

Benin

The law in Benin does not specifically prohibit child pornography. [34]

Botswana

Possession of child pornography is illegal in Botswana and punishable with between 5 and 15 years' imprisonment.[35]

Burkina Faso

Possession of child pornography is illegal in Burkina Faso.[36]

Burundi

Possession of child pornography is illegal in Burundi and punishable by fines and between 3 and 5 years in prison.[37]

Cameroon

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.[38]

Comoros

Possession and production of child pornography is illegal in Comoros.[39]

Republic of the Congo

Child pornography in the Republic of the Congo is punishable by up to 1 year in prison and a fine of up to 500,000 CFA.[40]

Central African Republic

The law in the Central African Republic does not prohibit child pornography.[41]

Ivory Coast

Using children for pornographic films, pictures, or events is illegal in Ivory Coast and is punishable by between 1 month and 2 years of imprisonment and a fine of FCFA 30,000 to 300,000.[42]

Djibouti

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 1 year in prison and a fine of up to DJF 200,000.[43]

Equatorial Guinea

The law in Equatorial Guinea does not prohibit child pornography.[44]

Eritrea

Child pornography is illegal in Eritrea.[45]

Gabon

The possession of all pornography, including child pornography, is illegal in Gabon and punishable by imprisonment from 6 months to one year and/or fines up to 222,000 CFA francs.[46]

The Gambia

Child pornography is illegal in the Gambia and punishable by up to 5 years in prison.[47]

Ghana

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 3 years in prison and/or a fine ranging from 120 to 600 cedis.[48]

Guinea

Child pornography in Guinea is illegal.[49]

Guinea-Bissau

The law in Guinea-Bissau does not prohibit child pornography.[50]

Lesotho

Child pornography is illegal in Lesotho and is punishable by imprisonment of up to 2 years and 6 months 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.[51]

Liberia

Child pornography is illegal in Liberia and is punishable by up to 5 years' imprisonment.[52]

Madagascar

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.[53]

Mali

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.[54]

Mauritania

Possession of child pornography is illegal in Mauritania with penalties of 2 months to 1 year in prison and a 160,000 to 300,000 ouguiya fine.[55]

Mauritius

Child pornography is illegal in Mauritius.[56]

Mozambique

Child pornography is illegal in Mozambique but appears to be rarely prosecuted. In 2011, there were no reports of prosecutions for child pornography.[57]

Namibia

Production and possession of child pornography is illegal in Namibia.[58]

Niger

Child pornography is illegal in Niger and punishable by 3 to 5 years in prison.[59]

Nigeria

The Child Rights Act makes child pornography illegal in Nigeria, but not all states have implemented it.[60]

Rwanda

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.[61]

São Tomé and Príncipe

The law in São Tomé and Príncipe does not prohibit child pornography.[62]

Senegal

All pornography, including child pornography, is illegal in Senegal.[63]

Sierra Leone

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.[64]

Somalia

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".[65]

South Africa

Child pornography is illegal in South Africa and is punishable by fines and up to 10 years in prison.[66]

South Sudan

The law in South Sudan does not prohibit child pornography.[67]

Sudan

All pornography, including child pornography, is illegal in Sudan.[68]

Togo

Child pornography is illegal in Togo and is punishable by 5 to 10 years in prison.[69]

Uganda

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

Zambia

Child pornography is illegal in Zambia with penalties of up to life imprisonment.[71]

Zimbabwe

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 6 months, or both.[72]

Americas

Argentina

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.

Any person who produces, finances, offers, trades, publishes, facilitates, disseminates or distributes, by any means, any representation of a person under eighteen 18 years of age in explicit sexual activities or any representation of their genital parts for predominantly sexual purposes, as well the organization of live shows of explicit sexual representations involving such minors is punishable by imprisonment ranging from 6 months to 4 years.[73]

On 23 April 2018 was promulgated a modification on the Penal Code, penalizing the possession of child pornography, with prison sentences between three and six years.[74]

Belize

The law in Belize does not prohibit the simple possession of child pornography.[75] It is unclear if distribution of child pornography is illegal.

Brazil

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[76]).[77]

Canada

Main article: Child pornography laws in Canada

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.[78] 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.[79][80] Cases have now been prosecuted in Canada involving anime and manga child pornography.[5]

Ecuador

The possession, storing, fabrication or distribution of child pornography or any other kind of sexually explicit pedophile material is illegal under Ecuadorian law.[81]

Guyana

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.[82]

Jamaica

The production, possession, importation, exportation, and distribution of child pornography is illegal in Jamaica and is punishable by a maximum penalty of 23 years in prison and a fine of J$500,000.[83]

Mexico

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

Main article: Child pornography laws in the United States
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 U.S. Supreme Court to be outside the protection of the First Amendment regarding free speech,[84] 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 years' to 40 years' imprisonment. The U.S. laws against child pornography are always enforced and among the harshest in the world.[85] Despite the very harsh laws, the U.S. is one of the largest producers of child pornography in the world, behind Japan and Russia.[citation needed] The PROTECT Act of 2003 codifies much of the U.S. child pornography laws, including simulated child pornography, such as cartoons, and has been used to successfully prosecute individuals for possession of cartoon child pornography.[86] Fictional (simulated) child pornography, however, is legalized if and only if it passes the Miller test.

Asia

Bangladesh

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

China

Pornography of any kind, including child pornography is illegal in the People's Republic of China.[87] As of 2015 China has no specific law that refers to child pornography in particular.[88]

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 3 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 3 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 2 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 3 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 3 years to 10 years in prison in addition to paying a fine.[87] 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.

Hong Kong

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 8 years’ imprisonment, while possession carries a penalty of 5 years' imprisonment.[89]

India

The law in India prohibits child pornography. 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 5 years in prison and ₹ 1 million fine.[90]

Iran

All pornography, including child pornography, is illegal in Iran.[91]

Indonesia

In Indonesia all pornography is forbidden but Indonesia has no laws regarding pornography online. Jakarta's Chinatown district is considered to be one of the largest pornographic bazaars in Southeast Asia. Indonesia has been called "a heaven for child pornography".[92]

Japan

Main article: Child pornography laws in Japan

The law in Japan prohibits child pornography. 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[93] and is punishable by a maximum penalty of 5 years in prison and/or a fine of ¥5,000,000.[94] Possession of child pornography with any intent of distribution or sale is also illegal.[93] New law regulations since 2014 require people in possession of child pornography to dispose of it within 1 year before they risk prosecution in Japan.[95]

Kazakhstan

The law in Kazakhstan does not prohibit the simple possession of child pornography.[75] In 2010, the government introduced a criminal statute on the production and distribution of child pornography. Those convicted face administrative penalties.[96]

Malaysia

Section 4 to 10 of the Sexual Offenses Against Children Act 2017 criminalises the sale, production, distribution, and possession of child pornography, including sexually explicit material involving "a person appearing to be a child."[97]

The age of consent for sexual activity in Malaysia is 16 years and above for both males and females.[98] Muslim non-governmental organisation Pertubuhan Ikram Malaysia (Ikram) president Dr Mohd Parid Sheikh Ahmad pointed out - in the case of Mara scholar Nur Fitri Azmeer Nordin who was caught with 30,000 explicit images of naked children or children taking part in a sexual act that watching pornographic videos and images is also haram in Islam.[99]

North Korea

Further information: Pornography in North Korea

Producing, distributing, importing and watching all types of pornography is illegal in North Korea.[100] The country has ratified the Optional Protocol on the Sale of Children, Child Prostitution and Child Pornography of the Convention on the Rights of the Child,[101] but has enacted no legislation specific to child pornography.[102]

Pakistan

Child pornography is illegal in Pakistan. The preparation, possession or distribution of any such data related to child pornography is a illegal under the Pakistani law. Whoever that commits an offence of child pornography shall be punished with imprisonment term not less than 14 years and may extend up to 20 years in prison with the fine of 1 million rupees.[103][104]

Philippines

Main article: Child pornography in the Philippines

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

All pornography is illegal in Saudi Arabia, and the law makes no distinction between adult pornography and child pornography.[105]

Singapore

It is illegal to keep, distribute or sell pornographic materials, under the Undesirable Publications Act 1967, as well as section 292 of the Penal Code. It is also illegal to keep, distribute or sell pornographic films under sections 29 and 30 of the Films Act 1981.[106]

ICMEC Singapore may have built a voluntary Asia-Pacific Financial Coalition Against Child Pornography (APAC-FCACP) by bringing together representatives from the financial and technology industries along with members of the law enforcement community to fight online child sexual exploitation.[107] This is modeled after the Financial Coalition Against Child Pornography in the United States.

South Korea

The law in South Korea does not prohibit the simple possession of child pornography, but production and distribution of child pornography is illegal and punishable by up to 1 year in prison or by fines which can total up to 20 million Korean Won; moreover, the criminal can be forced to wear an electronic ankle bracelet for up to 10 years, can be listed on the sex offenders registry for up to 20 years, and may be prohibited from working in child and youth related occupations.

Sri Lanka

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

All pornography, including child pornography is illegal in Syria, but is unclear if this includes simple possession of child pornography. The penalties for child pornography are also unknown and it is unclear if anyone was ever prosecuted for child pornography.[108]

Taiwan

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

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.[109] Child pornography possession has been illegal since December 8, 2015.[110]

Vietnam

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.[111]

Europe

Albania

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.[112]

Andorra

Child pornography is illegal in Andorra and punishable by up to 4 years in prison.[113]

Armenia

Child pornography is illegal in Armenia and punishable by up to 7 years in prison.[114]

Austria

Production and distribution of child pornography is punishable by up to 3 years in prison. Production with intent of distribution as well as import, export, and transportation are punishable by up to 5 years in prison. Possession of pornography with children under the age of 14 ("unmündig"[115]) may result in a sentence up to 2 years, or up to 1 year if it contains pornographic material of children above the age of 14.

An exception to the prohibition of possession or production of pornographic content with children over the age of 14 exists if they consent and the material is only meant for personal use.

Pornographic depictions fictional minors are generally legal, with the exception of photorealistic (literal translation: "near to reality") content, which is treated as regular child pornography.[116]

Belarus

The law in Belarus does not prohibit the simple possession of child pornography,[75] but production and distribution of pornographic materials depicting a minor is illegal and punishable by up to 13 years in prison.[117]

Belgium

Possession, production and distribution of child pornography is illegal in Belgium and is enforced by authorities. Possessing child pornography can result to up to 1 year in prison, and producing or distributing child pornography is punishable by up to 15 years in prison. The law permits the prosecution of residents who commit such crimes while abroad.[118]

Croatia

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 1 year in prison.[119]

Czech Republic

The possession, manufacturing, and distribution of child pornography is illegal in the Czech Republic and punishable by up to 8 years in prison.[120] Possession of child pornography was made illegal in 2007 and is punishable by up to 2 years in prison.[121]

Denmark

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. Maximum sentence for simple possession is 1 year in prison.[122]

Finland

Under Finnish law, it is illegal to possess, produce or distribute child pornography. Possession of child pornography is punishable by fine or imprisonment of 1 year while production or distribution of child pornography is punishable by fine or 2 years imprisonment.

"Aggravated" distribution of child pornography depicting a child whom is (1) particularly young, (2) also subject to violence or particularly humiliating treatment, (3) the offence is committed in a particularly methodical manner or (4) the offence has been committed in the framework of a criminal organisation; and is punishable by up to 6 years imprisonment.[123]

France

Child pornography is illegal in France. The maximum penalty for its use and distribution is 5 years in prison and a €75,000 fine.[124]

Germany

Child pornography in Germany is illegal. German prosecution authorities and legal bodies of Germany's 16 states handle the definition of child pornography very differently. The German Edathy affair (former member of parliament) of 2013/2014 following the neglected cooperation 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 2014.

Greece

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.[125]

Hungary

The law in Hungary prohibits the possession of child pornography of any kind which is punishable by up to 3 years in prison.[126]

Iceland

Possession of child pornography is illegal in Iceland and punishable by up to 2 years in prison.[127]

Ireland

The Child Trafficking and Pornography Act 1998 prohibits the production, distribution, sale, publication and possession of child pornography. Penalties include prison sentences and fines. The most common way individuals in Ireland distribute or acquire child pornography is via the internet. Some ISPs have implemented filters that block sites containing child pornography. In early 2015, UPC set up an internet filtering system with the help of An Garda Síochána (The Irish Police Service) to block child pornography which applies to all of its customers. If an internet user tries to access a blocked site, a message will be displayed stating that the material is illegal and that is why the site has been blocked. However, UPC does not pass on the details of customers who try to access blocked sites to An Garda Síochána. However, not all ISPs have filters in place and filters can easily be bypassed using proxy servers.

Italy

Production, possession, distribution of child pornography in all its forms is illegal in Italy. 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".[128]

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 photographs 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.[129]

Producers and distributors of child pornography are punished with imprisonment from 6 to 12 years, and with a fine ranging from 25.822 to 258.228 Euros. Possession of child pornography is punished with imprisonment up to 3 years, and with a minimum fine of €1500 (Codice penale, Article 600 ter, paragraph 5); 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

Production and possession of child pornography is illegal in Monaco.[75] Since April 2009, the government of Monaco uses a list established by the Internet Watch Foundation to block access to websites containing child pornography.[130]

Netherlands

Main article: Child pornography laws in the Netherlands

Production, possession, and distribution of child pornography and accessing child pornography on the Internet is illegal in the Netherlands and punishable by up to 8 years in prison.[131]

Portugal

Main article: Child pornography laws in Portugal

Child pornography is statutorily criminalised in the Portuguese Criminal Code (Código Penal Português). The age of sexual consent in Portugal is, in principle, 14 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

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.[132]

Russia

Under current laws simple possession is illegal in Russia.[133] The 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 2 to 15 years.

Slovakia

The production, distribution, or possession of child pornography is prohibited in Slovakia; the penalties for breaking the law range from 2 to 20 years' imprisonment.[134]

Spain

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 1 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 1 to 4 years or up to 8 years if the child is under 13.[135]

Sweden

Child pornography is presumed to have been illegal prior to 1971. It was legal from 1971 to 1980, but now is 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.[136][137] This became publicized as activist groups Hand in Hand and Anhöriga till sexuellt utnyttjade barn became involved.[138] "The criminalization of possession of the drawings would otherwise exceed what is necessary with regard to the purpose which has led to the restriction on freedom of expression and freedom of information."[139]

Switzerland

Production of child pornography is illegal in Switzerland. In July 2014, the legal age for actors participating in pornography in Switzerland was raised from 16 to 18.

Turkey

The production, import, duplication, transportation, storage, export, presenting the same to other’s use, or possession of child pornography is illegal in Turkey.

Article 226 of Turkish Penal Code (Law Nr. 5237) states that "Any person who uses children in production of indecent scenes, words or articles shall be punished with imprisonment from 5 to 10 years and a fine up to 5,000 days.[further explanation needed] Any person who engages in importation, duplication, transportation, storage or export of these products, possession, or presents the same to other’s use, shall be punished with imprisonment of 2 to 5 years and a fine up to 5,000 days."[140]

Ukraine

The law in Ukraine does not prohibit simple possession of child pornography,[75] 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.[141]

United Kingdom

Main article: Child pornography laws in the United Kingdom

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

Australia

Main article: Child pornography laws in Australia

Acts such as possession, production and distribution of child pornography are illegal in Australia and can be punished by up to a maximum penalty of 10 years in prison 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.[142]

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.[143] The conviction was overturned on appeal.[144]

New Zealand

Browsing for or attempting to privately gain access to child pornography is illegal in New Zealand and could possibly face up to 5 years in 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 in prison. 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

The law in the Republic of Palau does not prohibit child pornography.[145]

Papua New Guinea

All pornography, including child pornography, is illegal in Papua New Guinea. 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.[146]

See also

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