On the ways of combating child pornography by the internet

• Author: Gabi Daniela Garaiman
• Position: Faculty of Law and Administrative Sciences, Department of Public Law and Administrative Sciences, University of Craiova, Craiova, Romania
• Pages: 44-49

AGORA International Journal of Juridical Sciences, www.juridicalj ournal.univagora.ro

ISSN 1843-570X, E-ISSN 2067-7677

No. 1 (2013), pp. 44-49

44

ON THE WAYS OF COMBATING CHILD PORNOGRAPHY BY THE

INTERNET

G. D. Griman

Gabi Daniela Griman

Faculty of Law and Administrative Sciences,

Department of Public Law and Administrative Sciences

University of Craiova, Craiova, Romania

*Correspondence: Gabi Daniela Griman, University of Craiova, 13 A. I. Cuza St., Craiova,

Romania

E-mail: grm.dana@yahoo.com

Abstract

Considering the seriousness of the phenomenon on a large scale, the age and

innocence of the minors involved in pornography, there arises a strong motivation for the

implementation of several measures against these acts, mainly because the application of a

simple standard is not a satisfactory solution as long as child pornography is concerned.

Key words: child pornography, Internet, combating means, prevention, sanctions.

Introduction

It is generally admitted that the Internet allows universal access to information and

the transfer of information between networks. It is a widespread means of communication

which allows easy networking among an unlimited number of persons at long and extremely

long distances from one another, offering new learning tools for children and many benefits

for adults. But the huge benefits brought to mankind were and still are overshadowed by

antisocial acts committed by an increasing number of users of the network. One of the most

troublesome abuses is the involvement of children in pornographic images, especially

because the content, the volume and the access are shocking.

The notion of child pornography

In general, the phrase “child pornography” describes the sexual image of a minor.

Starting from it, we can say that child pornography refers to images, movies, text materials

which explicitly describe sexual activities involving a minor. These materials can be erotic

(with naked children in different positions), sexual (with the genitals of the child or himself in

different positions and moments involving sexuality), obscene (presenting sexual moments

involving a child and an adult), or violent (a child who appears in position involving cruelty

and/or rape)

1

and are included in the category of sexual abuses on a minor.

In accordance with Directive 2011/92/EU

2

“child pornography” means (i) any material

that visually depicts a child engaged in real or simulated sexually explicit conduct; (ii) any

depiction of the sexual organs of a child for primarily sexual purposes; (iii) any material that

visually depicts any person appearing to be a child engaged in real or simulated sexually

explicit conduct or any depiction of the sexual organs of any person appearing to be a child,

1

http://www.9am.ro/top/International/220311/copilarie-pierduta-care-sunt-dra mele-cu-care-se-confrunta-copiii-

din-intreaga-lume/4/Pornografia-infantila.html.

2

On combating the sexual abuse and sexual exploitation of children and child pornography, and replacing

Council Framework Decision 2004/68/JHA.