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Regulation of Computer-generated virtual Child Pornography under American and French Jurisprudence: One Country’s Protected “Speech” is another’s Harmful Smut.
Unformatted Document Text:  have to grapple with this new multi-communication platform. Serious differences on contentious issues like the differential meaning and interpretations of the concept of freedom of speech and of the press are evident everywhere. 4 However, all countries agree on the importance of protecting children from sexual exploitation and pornography. The regulation of child pornography or pedopornography on the Internet is probably the most international of all aspects of Internet regulation. 5 This is due to the existence of a framework of international child protection legislation that existed before the Internet was invented and has been updated to cover the new multi-communication platform. The first of these “anti-exploitation” international conventions was adopted in 1949. 6 Because of its worldwide reach, its ease of use and its encryption capacities, the international community has applied international child protection laws to the Internet. These laws, which form the basis for the contemporary crusade against child pornography at the international level, are the instruments used by law enforcement authorities around the world. The cornerstone of international law against child pornography on the Internet is the United Nations Convention on the Rights of the Child. 7 In this convention, 4 See WILLIAM VAN ALSTYNE, FIRST AMENDMENT (2D. ED., 1995) AT 5. (Constitutional provisions for freedom of speech and of the press is ‘significantly qualified’ or balanced away in virtually all constitutions of the world). 5 See Article I, Convention on the Rights of the Child, A/RES/44/25 (1989) (A child is defined as a human being under the age of 18 unless majority is attained earlier under the law applicable to that child). See also Optional Protocols to The Convention on the Rights of the Child On the Involvement of Children in Armed Conflict And on the Sale of Children, Child Prostitution and Child Pornography, Annex II, Article (2)(c) A/RES/54/263 (2000). Child pornography defined as “any representation, by whatever means, of a child engaged in real or simulated explicit sexual activities or any representation or the sexual parts of a child for primarily sexual purposes.” 6 See United Nations Convention on the Suppression of the Traffic in Persons and of the Exploitation of the Prostitution of Others, A/RES/317 (IV) (1949). 7 See Article 34 United Nations Convention on the Rights of the Child, A/RES/44/25 (1989) (entered into force 1990).

Authors: Eko, Lyombe.
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background image
have to grapple with this new multi-communication platform. Serious differences
on contentious issues like the differential meaning and interpretations of the
concept of freedom of speech and of the press are evident everywhere.
4
However, all countries agree on the importance of protecting children from sexual
exploitation and pornography.
The regulation of child pornography or pedopornography on the Internet is
probably the most international of all aspects of Internet regulation.
5
This is due
to the existence of a framework of international child protection legislation that
existed before the Internet was invented and has been updated to cover the new
multi-communication platform. The first of these “anti-exploitation” international
conventions was adopted in 1949.
6
Because of its worldwide reach, its ease of
use and its encryption capacities, the international community has applied
international child protection laws to the Internet. These laws, which form the
basis for the contemporary crusade against child pornography at the international
level, are the instruments used by law enforcement authorities around the world.
The cornerstone of international law against child pornography on the Internet is
the United Nations Convention on the Rights of the Child.
7
In this convention,
4
See WILLIAM VAN ALSTYNE, FIRST AMENDMENT (2D. ED., 1995) AT 5. (Constitutional
provisions for freedom of speech and of the press is ‘significantly qualified’ or balanced away in virtually
all constitutions of the world).
5
See Article I, Convention on the Rights of the Child, A/RES/44/25 (1989) (A child is defined as a human
being under the age of 18 unless majority is attained earlier under the law applicable to that child). See also
Optional Protocols to The Convention on the Rights of the Child On the Involvement of Children in Armed
Conflict And on the Sale of Children, Child Prostitution and Child Pornography, Annex II, Article (2)(c)
A/RES/54/263 (2000). Child pornography defined as “any representation, by whatever means, of a child
engaged in real or simulated explicit sexual activities or any representation or the sexual parts of a child for
primarily sexual purposes.”
6
See United Nations Convention on the Suppression of the Traffic in Persons and of the Exploitation of the
Prostitution of Others, A/RES/317 (IV) (1949).
7
See Article 34 United Nations Convention on the Rights of the Child, A/RES/44/25 (1989) (entered into
force 1990).


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