2011Masaryk University Journal of Law and TechnologyOpen access

Virtual Child Pornography

Michaela Pobořilová

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Abstract

Child pornography is a serious negative social phenomenon and countries are trying to fight against it effectively. Virtual child pornography constitutes a subset of child pornography. It is a new phenomenon with many unresolved questions and problems. This article firstly defines basic concepts which child pornography generally involves. Furthermore, it contains the definition of virtual child pornography from the perspective of Czech law and international law (especialy from the perspective of the European Union). This article including a solution to various issues as the subject of virtual child pornography, status of virtual persons from the legal point of view, determination of their age and criminal punishment in law. Finally three case studies, reflecting current position of selected countries on the matter, are stated. These studies show how virtual child pornography is dealt with in practice. Virtual world is becoming a daily part of life and increasingly penetrating into the real world, and for this reason there is also an expanding number of society´s moral values requiring protection.

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What this paper is about

Child pornography is a serious negative social phenomenon and countries are trying to fight against it effectively. Virtual child pornography constitutes a subset of child pornography. It is a new phenomenon with many unresolved questions and problems. This article firstly defines basic concepts which child pornography generally involves. Furthermore, it contains the definition of virtual child pornography from the perspective of Czech law and international law (especialy from the perspective of the European Union). This article including a solution to various issues as the subject of virtual child pornography, status of virtual persons from the legal point of view, determination of their age and criminal punishment in law. Finally three case studies, reflecting current position of selected countries on the matter, are stated. These studies show how virtual child pornography is dealt with in practice. Virtual world is becoming a daily part of life and increasingly penetrating into the real world, and for this reason there is also an expanding number of society´s moral values requiring protection.

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Available abstract

Child pornography is a serious negative social phenomenon and countries are trying to fight against it effectively. Virtual child pornography constitutes a subset of child pornography. It is a new phenomenon with many unresolved questions and problems. This article firstly defines basic concepts which child pornography generally involves. Furthermore, it contains the definition of virtual child pornography from the perspective of Czech law and international law (especialy from the perspective of the European Union). This article including a solution to various issues as the subject of virtual child pornography, status of virtual persons from the legal point of view, determination of their age and criminal punishment in law. Finally three case studies, reflecting current position of selected countries on the matter, are stated. These studies show how virtual child pornography is dealt with in practice. Virtual world is becoming a daily part of life and increasingly penetrating into the real world, and for this reason there is also an expanding number of society´s moral values requiring protection.

Key concepts: Child pornography, Pornography, Perspective (graphical), Phenomenon, Punishment (psychology), Child protection, Virtual reality, Law

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