Child Pornography: Model Legislation and Global Review (1st Edition)

[WASHINGTON, DC 6 April 2006] - A new study of child pornography laws in 184 Interpol member countries around the world has produced alarming results: more than half of these countries (95) have no laws addressing child pornography and in many other countries, the existing laws are inadequate.

The International Centre for Missing and Exploited Children (ICMEC) in collaboration with Interpol, the world's preeminent law enforcement organisation, released the study last week in Washington, DC. The study found that in 138 countries, the possession of child pornography is not a crime. In 122 countries, there is no law which specifically addresses the distribution of child pornography via computer and the Internet.

"People need to understand that each and every time an image of a child being sexually assaulted is traded, printed, or downloaded, the child depicted in the photo is re-victimised," said Ernie Allen, ICMEC president and CEO. "The physical and psychological harm to these children is incalculable. Those who possess and distribute these images are as complicit as those who manufacture them."

Surprisingly, just 5 of the countries reviewed have laws considered comprehensive enough to make a significant impact on the crime. They are: Australia, Belgium, France, South Africa, and the United States.

The laws of each country were examined based on five criteria: Are there existing laws criminalising child pornography? Does existing law include a legal definition of child pornography? Is the possession of child pornography a crime? Is the distribution of child pornography via computer and the Internet a crime? Are Internet Service Providers (ISPs) required to report suspected child pornography to law enforcement?

Only 22 countries reviewed were in substantial compliance with the recommended criteria set by ICMEC. They include, by region: Hong Kong, New Zealand and Tonga (Asia and the Pacific); Austria, Denmark, Finland, Germany, Greece, Hungary, Iceland, Italy, Netherlands, Norway, Romania, Slovak Republic, Switzerland and the United Kingdom (Europe and Eurasia); Canada (North America); Honduras, Panama and Peru (Latin America and the Caribbean); and Israel (Middle East  and North Africa).

Allen noted, "We shared advance copies of this research with every country in order to ensure that our analysis was accurate. Our next step is to share model legislation with countries that have not yet enacted laws. We know that many world leaders do not yet recognize that child pornography has become a multi-billion dollar industry and that the world's children are paying the price."

The exact scope of the problem of child pornography is difficult to determine. Yet, it is clear that the problem has exploded with the advent of the Internet. A 2002 report by ECPAT International and the Bangkok Post estimated that 100,000 child pornography websites existed in 2001. In 2003, the National Criminal Intelligence Service in the UK estimated that child pornography web sites had doubled worldwide. The US-based National Center for Missing and Exploited Children received an increase of reports to its CyberTipline from more than 24,400 in 2001 to more than 340,000 by the beginning of 2006.

In an effort to address the insidious threat of sex crimes against children, ICMEC and Interpol are also working together to create an Internet-based International Resource Centre (IRC) on child pornography which will be launched in the Fall of 2006. The site will provide both public information and private investigative resources for law enforcement. Since 2003, the two organisations have been conducting training to build knowledge and expertise for law enforcement worldwide. Through generous funding from Microsoft, 1,322 law enforcement officials from 89 countries have been trained in seminars held around the world.

This global study is part of the International Centre for Missing and Exploited Children's worldwide campaign to combat child pornography. The campaign was devised in Dublin, Ireland in October 2002 during the Global Forum on Child Pornography. From that conference emerged five main action items dubbed the "The Dublin Plan".

The International Centre for Missing and Exploited Children is nonprofit NGO. It is the leading agency working on a global basis to combat child abduction and exploitation. It is the sister organisation of the National Center for Missing and Exploited Children.

More information

pdf: http://www.crin.org/docs/icmc_laws.pdf

Countries

    Please note that these reports are hosted by CRIN as a resource for Child Rights campaigners, researchers and other interested parties. Unless otherwise stated, they are not the work of CRIN and their inclusion in our database does not necessarily signify endorsement or agreement with their content by CRIN.