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Child pornography laws in the Netherlands declare child pornography illegal, making it one of the 103 out of 193 UN member states where it is illegal.
In the Netherlands, the definition of child pornography is: pictures (photos and videos) of sexual acts of someone that seems to be younger than 18 years.
In 1970, the publication of sex magazine Chick resulted in the Dutch "Chick-arrest" by the Supreme Court of the Netherlands, which in turn led to the new Dutch moral law of 1971 that no longer criminally sanctioned pornography.[2] As a result, child pornography also became effectively legal and Joop Wilhelmus started publishing child pornography magazine Lolita.[3][4][5][6]
In 1984, a major police raid against child pornography occurred in the Netherlands. During the late 1970s, there had been media reports about the illicit trade, but there were few if any criminal investigations on the topic.[7]
On October 1, 2002, the Netherlands introduced legislation (Bulletin of Acts and Decrees 470) which deemed "virtual child pornography" as illegal.[8] An attempt to test the law came in 2007, when the public prosecutor opened investigations into Second Life (the US based virtual world).[9] A number of Second Life users engage in sexual ageplay where their online avatars dress, act and look like underage children while engaging in virtual sexual acts. Although there is no Dutch law that legislates against under age depictions of sexual acts for computer generated images, the public prosecutor is investigating this on the basis that these virtual actions may incite child abuse in the real world.[10] So far this has not led to any successful prosecutions.
Press reports in 2008 described a large rise in the number of child pornography websites hosted in the Netherlands, increasing from 100 reports of sites in 2006 to 700 in 2007.[11]
^ a b http://www.wetboek-online.nl/wet/Wetboek%20van%20Strafrecht/240b.html
^ Dutch Senate (2 July 1985). "Dutch Senate referencing the Chick-arrest" (in Dutch). Staten-Generaal Digitaal. Retrieved 21 December 2014. CS1 maint: discouraged parameter (link)
^ Howitt, Dennis; Sheldon, Kerry (2007). Sex Offenders and the Internet. John Wiley & Sons. p. 75. ISBN 978-0-470-02800-1.
^ Beetstra, Tjalling (2009). Van kwaad tot erger. De sociale constructie van satanisch ritueel misbruik in de Verenigde Staten en Nederland [From Bad to Worse. The Social Construction of Satanic Ritual Abuse in the United States and the Netherlands] (Thesis) (in Dutch). Datawyse/Universitaire Pers Maastricht.
^ Van der Ploeg, Jan; De Groot, Roel, eds. (2010). "6.4 Is pedoseksualiteit schadelijk?" [6.4 Is Pedosexuality Harmful?]. Kindermishandeling: een complex probleem [Child Abuse: A Complex Problem] (in Dutch). Antwerpen: Garant. p. 110. ISBN 9789044125771.
^ Tate, Tim (1990). Child Pornography: An Investigation. Methuen Publishing. p. 60. ISBN 978-0-413-61540-4.
^ Schuijer, Jan; Rossen, Benjamin (1992). "The Trade in Child Pornography". IPT Journal. Institute for Psychological Therapies. 4. Retrieved 18 December 2009. CS1 maint: discouraged parameter (link)
^ Justitie (1 October 2002). Retrieved January 20, 2006. Archived April 19, 2006, at the Wayback Machine
^ Libbenga, Jan (21 February 2007). "Dutch demand ban of virtual child porn in Second Life". The Register. Retrieved 18 December 2009. CS1 maint: discouraged parameter (link)
^ "Virtual child porn may be a crime in Netherlands". Reuters. 21 February 2007. Retrieved 18 December 2009. CS1 maint: discouraged parameter (link)
^ "Explosive rise in child porn websites". DutchNews.nl. 11 April 2008. Retrieved 18 December 2009. CS1 maint: discouraged parameter (link)
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Child pornography (also called child sexual abuse material[1][2] or child porn) is pornography that exploits children for sexual stimulation.[9] It may be produced with the direct involvement or sexual assault of a child (also known as child sexual abuse images[10][11][12]) or it may be simulated child pornography. Abuse of the child occurs during the sexual acts or lascivious exhibitions of genitals or pubic areas which are recorded in the production of child pornography.[15] Child pornography may use a variety of mediums,[16] including writings,[10][17][18] magazines, photos,[16] sculpture,[16] drawing,[16] Lolicon or Shotacon[16] painting,[16] animation, sound recording,[19] film, video,[16] and video games.[20] Child pornography may be created for profit or other reasons.[21]
Laws regarding child pornography generally include sexual images involving prepubescents, pubescent, or post-pubescent minors and computer-generated images that appear to involve them.[22] Most possessors of child pornography who are arrested are found to possess images of prepubescent children; possessors of pornographic images of post-pubescent minors are less likely to be prosecuted, even though those images also fall within the statutes.[22]
The prepubescent pornography is viewed and collected by pedophiles for a variety of purposes, ranging from private sexual uses, trading with other pedophiles, preparing children for sexual abuse as part of the process known as "child grooming", or enticement leading to entrapment for sexual exploitation such as production of new child pornography or child prostitution.[23][24][25] Children themselves also sometimes produce child pornography on their own initiative or by the coercion of an adult.[26]
Child pornography is illegal and censored in most jurisdictions in the world.[27][28] Ninety-four of 187 Interpol member states had laws specifically addressing child pornography as of 2008, though this does not include nations that ban all pornography.[29] Of those 94 countries, 58 criminalized possession of child pornography regardless of intent to distribute.[29] Both distribution and possession are now criminal offenses in almost all Western countries. A wide movement is working to globalize the criminalization of child pornography, including major international organizations such as the United Nations and the European Commission.[10][30] Producers of child pornography try to avoid prosecution by distributing their material across national borders, though this issue is increasingly being addressed with regular arrests of suspects from a number of countries occurring over the last few years.[22][31]
In the 2000s, use of the term child abuse images increased by both scholars and law enforcement personnel because the term "pornography" can carry the inaccurate implication of consent and create distance from the abusive nature of the material.[10][11][12][32][33] A similar term, child sexual abuse material, is used by some official bodies,[2][34][35] and similar terms such as "child abuse material", "documented child sexual abuse", and "depicted child sexual abuse" are also used, as are the acronyms CAM and CAI.[32] The term "child pornography" retains its legal definitions in various jurisdictions, along with related terms such as "indecent photographs of a child" and others.[10][11][12][36] In 2008, the World Congress III against the Sexual Exploitation of Children and Adolescents stated in their formally adopted pact that:[37]
Increasingly the term 'child abuse images' is being used to refer to the sexual exploitation of children and adolescents in pornography. This is to reflect the seriousness of the phenomenon and to emphasize that pornographic images of children are in fact records of a crime being committed.
Interpol and policing institutions of various governments, including among others the United States Department of Justice, enforce child pornography laws internationally.[22] Since 1999, the Interpol Standing Working Group on Offenses Against Minors has used the following definition:[14]
Child pornography is the consequence of the exploitation or sexual abuse perpetrated against a child. It can be defined as any means of depicting or promoting sexual abuse of a child, including print and/or audio, centered on sex acts or the genital organs of children.
Abuse of the child occurs during the sexual acts or lascivious exhibitions of genitals or pubic areas which are recorded in the production of child pornography.[38] Children of all ages, including infants,[39] are abused in the production of child pornography.[6][22] The United States Department of Justice estimates that pornographers have recorded the abuse of more than one million children in the United States alone.[40] There is an increasing trend towards younger victims and greater brutality; according to Flint Waters, an investigator with the federal Internet Crimes Against Children Task Force, "These guys are raping infants and toddlers. You can hear the child crying, pleading for help in the video. It is horrendous."[41] According to the World Congress against Commercial Sexual Exploitation of Children, "While impossible to obtain accurate data, a perusal of the child pornography readily available on the international market indicates that a significant number of children are being sexually exploited through this medium."[42]
The United Kingdom children's charity NCH has stated that demand for child pornography on the Internet has led to an increase in sex abuse cases, due to an increase in the number of children abused in the production process.[43] In a study analyzing men arrested for child pornography possession in the United States over a one-year period from 2000 to 2001, 83% had pornographic images of prepubescent children and 80% had images graphically depicting sexual penetration. 21% had images depicting violence such as bondage, rape, or torture and most of those involved images of children who were gagged, bound, blindfolded, or otherwise enduring sadistic sex. 39% had child-pornography videos with motion and sound. 79% also had images of nude or semi-nude children, but only 1% possessed such images alone. Law enforcement found that 48% had more than 100 graphic still images, and 14% had 1,000 or more graphic images. 40% were "dual offenders", who sexually victimized children and possessed child pornography.[16]
A 2007 study in Ireland, undertaken by the Garda Síochána, revealed the most serious content in a sample of over 100 cases involving indecent images of children. In 44% of cases, the most serious images depicted nudity or erotic posing, in 7% they depicted sexual activity between children, in 7% they depicted non-penetrative sexual activity between adults and children, in 37% they depicted penetrative sexual activity between adults and children, and in 5% they depicted sadism or bestiality.[5]
Experts differ over any causal link between child pornography and child sexual abuse, with some experts saying that it increases the risk of child sexual abuse,[44] and others saying that use of child pornography reduces the risk of offending.[45][46] A 2008 American review of the use of Internet communication to lure children outlines the possible links to actual behaviour regarding the effects of Internet child pornography.[47]
According to one paper from the Mayo Clinic based on case reports of those under treatment, 30% to 80% of individuals who viewed child pornography and 76% of individuals who were arrested for Internet child pornography had molested a child. As the total number of those who view such images can not be ascertained, the ratio of passive viewing to molestation remains unknown. The report also notes that it is difficult to define the progression from computerized child pornography to physical acts against children.[48] Several professors of psychology state that memories of child abuse are maintained as long as visual records exist, are accessed, and are "exploited perversely."[8][13]
A study by Wolak, Finkelhor, and Mitchell states that:[49]
rates of child sexual abuse have declined substantially since the mid-1990s, a time period that corresponds to the spread of CP online. ... The fact that this trend is revealed in multiple sources tends to undermine arguments that it is because of reduced reporting or changes in investigatory or statistical procedures. ... [T]o date, there has not been a spike in the rate of child sexual abuse that corresponds with the apparent expansion of online CP.
In the late 1990s, the COPINE project ("Combating Paedophile Information Networks in Europe") at University College Cork, in cooperation with the Paedophile Unit of the London Metropolitan Police, developed a typology to categorize child abuse images for use in both research and law enforcement.[36] The ten-level typology was based on analysis of images available on websites and internet newsgroups. Other researchers have adopted similar ten-level scales.[50] In 2002 in the UK, the Sentencing Advisory Panel adapted the COPINE scale to five levels and recommended its adoption for sentencing guidelines, omitting levels 1 to 3 and recommending that levels 4 to 6 combine as sentencing level 1 and that the four levels from 7 to 10 each form an individual severity level, for a total of 5 sentencing stages.[36]
Non-erotic and non-sexualised pictures showing children in their underwear, swimming costumes from either commercial sources or family albums. Pictures of children playing in normal settings, in which the context or organisation of pictures by the collector indicates inappropriateness.
Pictures of naked or semi-naked children in appropriate nudist settings, and from legitimate sources.
Surreptitiously taken photographs of children in play areas or other safe environments showing either underwear or varying degrees of nakedness.
Deliberately posed pictures of children fully clothed, partially clothed or naked (where the amount, context and organization suggests sexual interest).
Deliberately posed pictures of fully, partially clothed or naked children in sexualised or provocative poses.
Pictures emphasising genital areas, where the child is either naked, partially clothed or fully clothed.
Pictures that depict touching, mutual and self-masturbation, oral sex and intercourse by a child, not involving an adult.
Pictures of children being subject to a sexual assault, involving digital touching, involving an adult.
Grossly obscene pictures of sexual assault, involving penetrative sex, masturbation or oral sex, involving an adult.
a. Pictures showing a child being tied, bound, beaten, whipped or otherwise subject to something that implies pain.
b. Pictures where an animal is involved in some form of sexual behaviour with a child.
Philip Jenkins notes that there is "overwhelming evidence that [child pornography] is all but impossible to obtain through nonelectronic means."[51] The Internet has radically changed how child pornography is reproduced and disseminated, and, according to the United States Department of Justice, resulted in a massive increase in the "availability, accessibility, and volume of child pornography."[52] The production of child pornography has become very profitable and is no longer limited to paedophiles.[53]
Digital cameras and Internet distribution facilitated by the use of credit cards and the ease of transferring images across national borders has made it easier than ever before for users of child pornography to obtain the photographs and videos.[22][31] The NCMEC estimated in 2003 that since 1997 the number of child pornography images available on the Internet had increased by 1500%.[31]
In 2007, the British-based Internet Watch Foundation reported that child pornography on the Internet is becoming more brutal and graphic, and the number of images depicting violent abuse has risen fourfold since 2003.[54] The CEO stated "The worrying issue is the severity and the gravity of the images is increasing. We're talking about prepubescent children being raped." About 80 percent of the children in the abusive images are female, and 91 percent appear to be children under the age of 12. Prosecution is difficult because multiple international servers are used, sometimes to transmit the images in fragments to evade the law.[54] Some child pornographers also circumvent detection by using viruses to illegally gain control of computers on which they remotely store child pornography. In one case, a Massachusetts man was charged with possession of child pornography when hackers used his computer to access pornographic sites and store pornographic pictures without his knowledge.[55] The U.S. Court of Appeals for the Tenth Circuit has ruled that if a user downloads child pornography from a file sharing network and possesses it in his "shared folder" without configuring the software to not share that content, he can be charged with distributing child pornography.[56]
Regarding internet proliferation, the U.S. Department of Justice states that "At any one time there are estimated to be more than one million pornographic images of children on the Internet, with 200 new images posted daily." They also note that a single offender arrested in the U.K. possessed 450,000 child pornography images, and that a single child pornography site received a million hits in a month. Further, that much of the trade in child pornography takes place at hidden levels of the Internet, and that it has been estimated that there are between 50,000 and 100,000 paedophiles involved in organised pornography rings around the world, and that one third of these operate from the United States.
One massive international child pornography ring was centered in the Netherlands. In the largest ever operation of its kind, police in 30 countries arrested 184 suspects and identified 486 others. Dutch authorities arrested 37-year-old Israeli-born Dutch citizen Amir Ish-Hurwitz, founder and owner of the internet forum Boylover.net, the center of the ring. At its peak, the forum had more than 70,000 members around the world.[57][58]
For a brief time between April 2016 to September 2017 a dark web site known as "Childs Play" was active. Investigators later discovered that the site was run by a group of Australian police.[59]
In 2008, the Google search engine adapted a software program in order to faster track child pornography accessible through their site. The software is based in a pattern recognition engine.[60]
From 2017 to 2019, the Internet Watch Foundation said it found 118 videos of child sexual abuse (including child rape) on Pornhub.[61] Pornhub quickly removed this content.[62]
In 2019, the New York Times reported that child pornography was now a crisis. Tech companies such as Facebook, Microsoft and Dropbox reported over 45 million cases of child sexual abuse material which was more than double what was found the year before and 44 million more than in 2014.[63]
In April 2020, BBC Three published a documentary and found that on a single day, a third of Twitter profiles globally advertising 'nudes4sale' (or similar) appeared to belong to underage individuals on
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