Model Legislation and Global Review

In particular, we were looking to see if national legislation:

(1) exists with specific regard to child pornography, and not just pornography in general;
(2) provides a definition of child pornography;
(3) expressly criminalizes computer-facilitated offenses;
(4) criminalizes possession of child pornography, regardless of the intent to distribute; and
(5) requires Internet Service Providers (ISPs) to report suspected child pornography to law enforcement or to some other mandated agency.

As of today, we have completed researching the legislation from all 196 countries, and our end results are shocking:

• only 45 have legislation sufficient to combat child pornography offenses (8 countries meet all of the criteria set forth above and 37 Countries meet all but the last criteria, pertaining to ISP reporting); and
• 89 Countries have no legislation at all that specifically addresses child pornography.

Of the remaining Countries that do have legislation specifically addressing child pornography:

• 52 Countries do not define child pornography in national legislation;
• 18 Countries do not explicitly provide for computer-facilitated offenses; and
• 33 Countries do not criminalize possession of child pornography, regardless of the intent to distribute.

In addition to the legislative review, we are making available, via the IRC and in hard-copy format, model legislation and regional best samples, when possible. Taking into considering varying cultural, socio-economic, and political norms, our model legislation resembles more of a menu of concepts as opposed to actual statutory language. Topics addressed include:

(1) Defining "child" for the purposes of child pornography as anyone under the age of 18, regardless of the age of sexual consent;
(2) Defining "child pornography", and ensuring that the definition includes computer- and Internet-specific terminology;
(3) Creating offenses specific to child pornography in the national penal code, including criminalizing the possession of child pornography, regardless of one's intent to distribute, and including provisions specific to downloading or viewing images on the Internet;
(4) Ensuring criminal penalties for parents or legal guardians who acquiesce to their child's participation in child pornography;
(5) Penalizing those who make known to others where to find child pornography;
(6) Including grooming provisions;
(7) Punishing attempt crimes;
(8) Establishing mandatory-reporting requirements for healthcare and social-service professionals, teachers, law-enforcement officers, photo developers, information-technology (IT) professionals, ISPs, credit-card companies, and banks;
(9) Addressing the criminal liability of children involved in pornography; and
(10) Enhancing penalties for repeat offenders, organized-crime participants, and other aggravated factors considered upon sentencing.

Please click on the link below to view the International Centre for Missing & Exploited Children's (ICMEC) latest report on global child pornography legislation.

Child Pornography: Model Legislation & Global Review (Arabic)

Child Pornography: Model Legislation & Global Review (6th edition) (English)

Child Pornography: Model Legislation & Global Review (French)

Child Pornography: Model Legislation & Global Review (Korean)

Child Pornography: Model Legislation & Global Review (Portuguese)

Child Pornography: Model Legislation & Global Review (Russian)

Child Pornography: Model Legislation & Global Review (Spanish)

Child Pornography: Model Legislation & Global Review (Thai)

Child Pornography: Model Legislation & Global Review (Turkish)