The legitimacy of regulation on virtual child pornography

• Main Authors: CHENG, CHIA-GI, 鄭加極
• Other Authors: LEE, Mau-Sheng
• Format: Others
• Language: zh-TW
• Published: 2011
• Online Access: http://ndltd.ncl.edu.tw/handle/42091442755419208679

碩士 === 國立臺北大學 === 法律學系一般生組 === 99 === The reason why child pornography is prohibited, is to prevent children from any kinds of direct and indirect harm caused in and after its production. However, “virtual child pornography” whitch sexually depicts minors who do not really exist, doesn’t cause any actual harm to any children. People who demand to criminalize virtual child pornography claim that the existence of these sexually explicit materials will not only cause indirect harm to children, but also cause moral harm to its consumer, thus it should be considered as child pornography and be baned. They cited several theses: consumption of virtual child pornography causes child sexual abuse, grooming process, market theory, difficulty of prosecution, and sexualisation of children. Yet these arguments are all lack of strong empirical evidences, and the unexamined assumption of moral harm caused by virtual child pornography is rooted in the nineteenth century fear of pornography and obcsenity. Forcing the prohibition of virtual child pornography by ideologies and hidden agendas will not only result in theoretical problems and a departure from existing legislation, but most important of all, divert valuable resources that oght to use in other area which might assist in protecting children more efficiently away. This article cited America and Japan for instance. These two countries are both very cautious whit the regulation of virtual child pornography, but still can’t avoid these theoretical problems and legislation conflict. This appears some wondering, that whether such moral panic toward virtual child pornography is to protect children from being harmed or merely to protect the sexual morality in capitalism society and the sacred status of child. By arguing the establishing of the sacred status of child in modern capitalism society, we can see that the total separation of “child” and “sex” is a circumstantial moral norm, not necessarily in nature. Thus to satisfy this moral satisfaction by emotional lawmaking rather than reasoning will not do any good but cause problems, and eventually harm our children by wasting resources in area that has nothing to do with protecting them. Nowadays, virtual child pornography in Taiwan remain unprohibited, but under the tend of globalization, it is very likely that we will have to face this argument in recent future. By discussing this argument, hopefully, we can make a reasonable, careful, and all-around considered decision, to protect our children and society.