International Laws on Child Pornography:
Irish Law on Child Pornography
The Irish Constitution, Art. 40(6)(1)(i) decrees that 'the publication or utterance of indecent matter is an offence which shall be punishable in accordance with law.'
The principle act dealing with the welfare of children is the Child Care Act, 1991 which defines a child as a person under the age of eighteen (18) years other than a person who is or who has been married (s.2(1)).
The Child Trafficking and Pornography Act, 1998 is dealing specifically with the matter of child pornography. It gives in the Section 2 ss(1) a definition of child pornography:
'Child pornography means: a) any visual representation
that shows or in a case of a document, relates to person who is or is depicted as being a child and who is engaged in or is depicted as being engaged in explicit sexual activity,
that shows or in the case of a document, relates to a person who is or is depicted as being a child and who is or is depicted as witnessing any such activity by any person or persons, or
whose dominant characteristic is the depiction, for a sexual purpose, of the genital or anal region of a child,
any audio representation of a person who is or is being represented as a child and who is engaged in or is represented as being engaged in explicit sexual activities,
any visual or audio representation that advocates, encourages or counsels any sexual activity with children which is an offence under any enactment, or
any visual representation or description of, or information related to, a child that indicates or implies that the child is available to be used for the purpose of sexual exploitation within the meaning of Section 3, irrespective of how or through what medium the representation, description or information has been produced, transmitted or conveyed and without prejudice to the generality of the foregoing, includes any representation, description or information produced by or from computer-graphics or by any other mechanical means but does not include:
any book or periodical publication which has been examined by the Censorship of Publications Board and in respect of which a prohibition order under the Censorship of Publications Acts, 1929 to 1967, is not for the time being in force,
any film in respect of which a general certificate or a limited certificate under the Censorship of Films Acts, 1923 to 1993, is in force, or
any video work in respect of which a supply certificate under the video recording acts, 1989 and 1992, is in force...'
In the following subparagraphs, the Act gives a list and a definition of all the mediums that could be used for representing child pornography (documents, visual representation...).
The section 3 is related to sexual exploitation. In this section, 1998’s Act describes the actions considered as child trafficking and taking in the purpose of a sexual exploitation:
Section 3 ss(1) 'Any person who organises or knowingly facilitates --
the entry into, transit through or exit from the State of child for the purpose of his or her sexual exploitation or the provision of accomodation for a child for such a purpose while in the State,
--shall be guilty of an offence and shall be liable on conviction on indicment to imprisonment for life.'
Section 3 ss(2) 'Any person who --
takes, detains, or restricts the personal liberty of a child for the
purpose of his or her sexual exploitation, uses a child for such a
purpose, or organises or knowingly facilitates such taking, detaining,
restricting or use,
--shall be guilty of an offence and shall be liable on convicton on indicment to imprisonment for term not exceeding 14 years.'
The definition of sexual exploitation is given in Section 3 ss(3). According to this subsection sexual exploitation means '... inducing or coercicing the child to engage in prostitution or the production of child pornography, using the child for prostitution or the production of child pornography, inducing or coercicing the child to participate in any sexual activity which is an offence under any enactment, or the commission of any such offence against the child.'
Section 4 deals with the liability of the persons having the custody, charge or care of a child and allowing him or her to be used for pornography:
Section 4 ss(1) '...any person who, having the custody, charge or care of a child, allows the child to be used for the production of child pornography shall be guilty of an offence and shall be liable on conviction of indicment to a fine not exceeding £25,000 or to imprisonment to a term not exceeding 14 years or both.'
ss(2) §(a) ' any person who is the parent or guardian of a child or who is liable to maintain a child shall be presumed to have the custody of the childand, as between parents, one parent shall not be deemed to have ceased to have the custody of a child by reason only that he or she has deserted, or does not reside with, the other parent and child,
ss(2) §(b) any person to whose charge a child is committed by any person who has the custody of a child shall be presumed to have the charge of the child, and
ss(2) §(c) any person exercising authority over or having actual control of a child shall be presumed to have care of the child .'
The sections 5 and 6 concern the production, the distribution and the possession of child pornography:
Section 5 ss(1) '... any person who --
knowingly produces, distributes, prints or publishes any child pornography,
knowingly imports, exports, sells, or shows any child pornography,
knowingly publishes or distributes any advertisement likely to be understood as conveying that the advertiser or any other person produces, distributes, prints, publishes, imports, exports, sells or shows any child pornography,
encourages or knowingly causes or facilitates any activity mentionned in a), b) or c), or
knowingly possesses any child pornography for the purpose of distributing, publishing, exporting, selling, or showing it,
--shall be guilty of an offence and shall be liable
i. on summary conviction to a fine not exceeding £1,500 or to imprisonment for a term not exceeding 12 months or both, or
ii. on conviction on indictment to a fine or to imprisonment for a term not exceeding 14 years or both.'
Section 6 prohibits the possession of child pornography: '... any person who knowingly possesses any child pornography shall be guilty of an offence and shall be liable --
i. on summary conviction to a fine not exceeding
£1,500 or to imprisonment for a term not exceeding 12 months or both, or
ii. on conviction of indictment to a fine not exceeding £5,000 or to
imprisonment for a term not exceeding 5 years or both.'