Challenges of the Knowledge Society (May 2024)
SOME ASPECTS OF COMPARATIVE LAW REGARDING CHILD PSEUDOPORNOGRAPHY AND VIRTUAL CHILD PORNOGRAPHY
Abstract
The present study aims to bring to the fore domestic law provisions and their interpretation in national judicial practice in four (4) countries with a long democratic tradition, namely the United States of America, France, the Netherlands and Belgium, with regard to pseudo-child pornography and virtual child pornography, in order to find answers to questions such as: Are pseudo-child pornography and virtual child pornography criminalised in the laws of these countries? What were the reasons considered for their criminalisation or noncriminalisation? What is the link between A.I. and these subspecies of child pornography and how can this technology be integrated into the fight against the phenomenon? How is pseudo-child pornography reconciled with the principle of legality of criminalisation? And more. The proposed objective is to update the local doctrinal studies in the field of pseudo-child pornography and virtual child pornography from the perspective of comparative law, in order to provide arguments for and against the criminalisation of these types of child pornography, including how to reconcile the competing social values at stake. New socio-technological realities also require addressing and understanding how I.A. technologies have influenced the proliferation of child sexual abuse material online, the extent of this phenomenon, and identifying effective solutions to prevent and combat the scourge.
