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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:  which was launched to ensure coordinated follow-up of the anti-child pornography Action Plan. 17 Additionally, the European Union has, over the years, been engaged in a struggle against pedopornography on the Internet. An initiative aimed at eliminating, with the help of Internet Service Providers, child pornography from the Internet (at least that part of it based in the European Union) has been proposed by Austria. 18 Regulation of Child Pornography in France. Having surveyed international regulation of child pornography, I now return to regulation of child pornography under French jurisprudence . France has a culturist Internet regulatory model. Under this model, communication technology, the Internet and online content are not viewed as neutral. They are conceptualized as value-laden, social institutions or cultural instruments whose products transfer the economic and cultural values and serve the interests of the specific nations and societies from which they originate. 19 France is a signatory to the United Nations Convention on the Rights of the Child and participates fully in European Union and other programs aimed at fighting child pornography. 17 See Innocence In Danger! <http://www.unesco.org/webworld/innocence/index.html>. (Visited October 2000) 18 See Alain Hazan, L’Europe et la lutte contre la PĂ©dopornographie sur Internet. (Europe and the fight against child pornography on the Internet). LE MONDE INTERACTIF, January 26, 2000 at IV. 19 See JOSEPH STRAUBHAAR AND ROBERT LAROSE, MEDIA NOW (2000) AT 431 (This intellectual posture has been called cultural determinism ). See also A. LEMOS, THE LABYRINTH OF MINITEL. IN R. SHIELDS (ED.) CULTURES OF THE INTERNET (1996) AT 1. (Scholars of the societal effects of technology are divided between technological determinist like Marshall McLuhan who hold that technology gave rise to modern civilization of science and technology, and cultural determinists who hold that technologies emerge to serve cultural imperatives. The culturalist perspective is a synthesis of both positions because it holds that technology is a value laden instrument that serves cultural and economic interests).

Authors: Eko, Lyombe.
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which was launched to ensure coordinated follow-up of the anti-child
pornography Action Plan.
17
Additionally, the European Union has, over the years, been engaged in a
struggle against pedopornography on the Internet. An initiative aimed at
eliminating, with the help of Internet Service Providers, child pornography from
the Internet (at least that part of it based in the European Union) has been
proposed by Austria.
18
Regulation of Child Pornography in France.
Having surveyed international regulation of child pornography, I now return to
regulation of child pornography under French jurisprudence
.
France has a
culturist Internet regulatory model. Under this model, communication technology,
the Internet and online content are not viewed as neutral. They are
conceptualized as value-laden, social institutions or cultural instruments whose
products transfer the economic and cultural values and serve the interests of the
specific nations and societies from which they originate.
19
France is a signatory
to the United Nations Convention on the Rights of the Child and participates fully
in European Union and other programs aimed at fighting child pornography.
17
See Innocence In Danger! <http://www.unesco.org/webworld/innocence/index.html>. (Visited October
2000)
18
See Alain Hazan, L’Europe et la lutte contre la Pédopornographie sur Internet. (Europe and the fight
against child pornography on the Internet). LE MONDE INTERACTIF, January 26, 2000 at IV.
19
See JOSEPH STRAUBHAAR AND ROBERT LAROSE, MEDIA NOW (2000) AT 431 (This
intellectual posture has been called cultural determinism
).
See also A. LEMOS, THE LABYRINTH OF
MINITEL. IN R. SHIELDS (ED.) CULTURES OF THE INTERNET (1996) AT 1. (Scholars of the
societal effects of technology are divided between technological determinist like Marshall McLuhan who
hold that technology gave rise to modern civilization of science and technology, and cultural determinists
who hold that technologies emerge to serve cultural imperatives. The culturalist perspective is a synthesis
of both positions because it holds that technology is a value laden instrument that serves cultural and
economic interests).


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