At Vote: Child Pornography Ban [Complete] [Complete]

Treize_Dreizehn

Treize_Dreizehn

TNPer
Child Pornography Ban

Category: Moral Decency | Strength: Significant | Proposed by: Wrapper | Resolution link | World Assembly forum thread​
Description: BELIEVING that the children of the world need safeguarding from physical abuse and emotional cruelty;

RECALLING current national and international laws in place to protect children's rights and well-being;

HOWEVER CONSCIOUS of loopholes in existing international laws that permit the exploitation of children in the production and dissemination of child pornography;

The General Assembly HEREBY:

DEFINES "visual recording" as filming, photographing, videotaping, or producing any visual or audiovisual representation, including:
-- purposeful recording via discrete means such as a hidden camera;
-- realistic depiction, such as computer-generated animation, that is difficult to distinguish from the recording of a real person.

DEFINES "child" as someone who has not yet attained the age of consent in the nation in which he/she is present at the time of recording, regardless of citizenship or residency.

DEFINES "child pornography" as the visual recording of one or more children engaging in real or simulated sexual activities, including the visual recording of nude children primarily for sexual purposes.

BANS the production, possession, solicitation, sale and distribution of child pornography in all member nations.

BANS the exportation of pornography from member nations, when the youngest person depicted is below the age of consent in either the distributing or the receiving nation.

BANS the importation of pornography into member nations, when the youngest person depicted is below the age of consent in either the distributing or the receiving nation.

MANDATES that nations treat violations of this resolution as criminal offenses, and proceed accordingly.

CLARIFIES that this resolution does not cover the following:
(1) The visual recording of persons who have attained the age of consent but have not reached the age of majority;
(2) The act of visually recording nude images, provided it is not intended to be used for sexual purposes;
(3) The act of visually recording oneself for private, personal use;
(4) The act of transmitting a visual recording of oneself to another person or persons privately but not publicly, nor the receipt or possession of such recordings;
(5) The use or transfer of recorded evidence to be used in criminal or civil cases;
(6) Accidental recording of child pornography, such as via security camera footage, provided that such recording is not distributed, sold or copied, except to be provided to law enforcement as potential evidence in a criminal or civil case under subclause (5) above;
(7) The unsolicited receipt, such as via electronic means or parcel delivery, and subsequent temporary possession of child pornography, provided that such materials are turned over to law enforcement authorities upon discovery;
(8) Non-realistic, artistic representations, such as drawing, animation, painting or sculpture;
(9) Other anatomical representations used for non-sexual purposes, including educational areas such as biology and pediatric medicine.

FURTHER CLARIFIES that member nations may place additional restrictions not covered under this resolution, provided that such restrictions do not violate international law.
 
Despite my NatSov philosophy, I've always held back an exception for protecting Children and this resolution does a good job of plugging a hole in WA law that has existed for quite a while. I'm personally recommending a vote for.
 
CLARIFIES that this resolution does not cover the following:
(1) The visual recording of persons who have attained the age of consent but have not reached the age of majority;
(2) The act of visually recording nude images, provided it is not intended to be used for sexual purposes;
(3) The act of visually recording oneself for private, personal use;
(4) The act of transmitting a visual recording of oneself to another person or persons privately but not publicly, nor the receipt or possession of such recordings;
(5) The use or transfer of recorded evidence to be used in criminal or civil cases;
(6) Accidental recording of child pornography, such as via security camera footage, provided that such recording is not distributed, sold or copied, except to be provided to law enforcement as potential evidence in a criminal or civil case under subclause (5) above;
(7) The unsolicited receipt, such as via electronic means or parcel delivery, and subsequent temporary possession of child pornography, provided that such materials are turned over to law enforcement authorities upon discovery;
(8) Non-realistic, artistic representations, such as drawing, animation, painting or sculpture;
(9) Other anatomical representations used for non-sexual purposes, including educational areas such as biology and pediatric medicine.
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I am not sure how I feel about these clarifications. I.E. 'doesnt cover someone who has reached the age of consent but not majority."

So depending on what Consent laws are in your nation - we can use IRL America age of Majority is 18 but consent varries by state but usually around 16-17. So this is saying it would be okay to sexually film those 16-17 year olds who are able to consent? My moral decency feels just because a 16 year old could consent doesnt mean there needs to be film of a 16 year old. I prefer if anyone filmed sexually is of majority age for that nation.

Also, its ok to film for personal and private use - so teens can sext one another? Fair enough I suppose I am not a fan of teens being charged as sex offenders for sending pics to one another personally. But say a teen esp not at the age of consent sends a pic to an adult? "For personal and private use" - that clarification doesnt specify.

Or the art and drawings - so its okay to draw children if its for art.

Or the clarification that says its okay to recieve child pornography or accidently access a site as long as you alert law enforcement right away?

I want to support this resolution on the subject matter...but with these clarifications in my mind it leaves a lot of loop holes where children may still be exploited..and I can't reconsile myself with that
 
I am not sure how I feel about these clarifications. I.E. 'doesnt cover someone who has reached the age of consent but not majority.
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Why is the age of majority relevant here? :huh: That would be logically dissonant to say "you can have all the sex you want with anyone you want, but you can't decide whether or not to tape it." The age of consent is called that for a reason. Holding the decision to film one's sexual acts to a different standard than the age of consent is illogical and arbitrary.

So depending on what Consent laws are in your nation - we can use IRL America age of Majority is 18 but consent varries by state but usually around 16-17. So this is saying it would be okay to sexually film those 16-17 year olds who are able to consent? My moral decency feels just because a 16 year old could consent doesnt mean there needs to be film of a 16 year old. I prefer if anyone filmed sexually is of majority age for that nation.
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Why...? That's completely arbitrary.

Also, its ok to film for personal and private use - so teens can sext one another? Fair enough I suppose I am not a fan of teens being charged as sex offenders for sending pics to one another personally. But say a teen esp not at the age of consent sends a pic to an adult? "For personal and private use" - that clarification doesnt specify.
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That's more of a pragmatic issue. Combating sexting is, for all intents and purposes, impossible considering WA legislation on privacy.

Or the art and drawings - so its okay to draw children if its for art.
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This has always been okay. This is legal in almost all RL countries, actually.

Or the clarification that says its okay to recieve child pornography or accidently access a site as long as you alert law enforcement right away?
Click to expand...

Why is this unreasonable? If someone sends you child pornography, why wouldn't you report that to the relevant authorities? And accidentally accessing a child porn site is not covered under the text of this resolution - you don't need to report that to the authorities. The clauses say "the unsolicited receipt" and the "accidental recording." Accidental viewing isn't mentioned anywhere.

Like Douria, my unofficial recommendation is also an aye.
 
Im just saying I think the language should be stricter. And yes im pretty sure RL laws are teens who are of consentual age can have sexual activity with one another...but if they film it and they are under 18 they are charged with a crime. Its all over the news weekly of teens charged for sexting one another. I am unconcerned with teens sexting each other (though that is something for Parents to teach teens to respect their bodies more) I am concerned with a teen filming themselves for 'Private use' and then sending it to an adult. Or a teen and an adult filiming themselves. And putting it in the internet or something.

Arbitrary? Perhaps. But IRL laws are like that. You may be 16-17 to consent but in order to be filmed or to be in mass produced pornography you have to be at least 18 or 21 in some jurisdictions. So arbitrary maybe? But I am uncomfortable with anyone under majority age being filmed for sex (yes even if they legally can consent)

I just feel this bill should better protect teens.

But thats arbitary I guess.
 
Im not saying I don't support it. I would just like stronger protections and less percieved "wiggle room" in these clarifications. I have seen other critisms in other regions for how this is written wanting stronger protections. So im not the only one wanting stronger language and less percieved loopholes
 
Voting on this resolution has ended.

Thanks to those nations who cast their votes. Your participation is a great help to the region.

This topic has been locked and sent to the Archives for safekeeping. If you would like this topic to be re-opened for further discussion, please contact the WA Delegate, a Global Moderator, or an Administrator for assistance. Thank you.
 
Voting on this resolution has ended.

Thanks to those nations who cast their votes. Your participation is a great help to the region.

This topic has been locked and sent to the Archives for safekeeping. If you would like this topic to be re-opened for further discussion, please contact the WA Delegate, a Global Moderator, or an Administrator for assistance. Thank you.
 
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