Legality of child pornography
Child pornography is illegal in most countries, but there is substantial variation in definitions, categories, penalties, and interpretations of laws. Differences include the definition of "child" under the laws, which can vary with the age of sexual consent; the definition of "child pornography" itself, for example on the basis of medium or degree of reality; and which actions are criminal (e.g. production, distribution, possession, and/or downloading and viewing of material).[1] Laws surrounding fictional child pornography are a major source of variation between jurisdictions; some maintain distinctions in legality between real and fictive pornography depicting minors, while others regulate fictive material under general laws against child pornography.
Several organizations and treaties have set non-binding guidelines (model legislation) for countries to follow. While a country may be a signatory, they may or may not have chosen to implement these guidelines. The information given in this article is subject to change as laws are consistently updated around the world.
International stance
Organizations
International Centre for Missing & Exploited Children (ICMEC)
This organization combats child sexual exploitation, child pornography, and child abduction. For child pornography they have set up "model legislation" which defines child pornography, and sets up recommended sanctions/sentencing. According to research performed in 2018; child pornography is illegal in 118 of the 196 Interpol member states. This figure represents countries that have sufficient legislation in establishing 4 or 5 of 5 criteria met as defined by the ICMEC.[1]
ECPAT International (ECPAT)
ECPAT focuses on halting the online sexual exploitation of children, the trafficking of children for sexual purposes and the sexual exploitation of children in the travel and tourism industry. This organization tracks countries that have implemented standards as defined by agreements such as the Convention on Cybercrime, and Lanzarote Convention through their human rights reports.[2][3]
Treaties
At least two major treaties are in place with one "optional protocol" to combat child pornography worldwide. These are considered international obligations to pass specific laws against child pornography which should be "punishable by appropriate penalties that take into account their grave nature". The first of these treaties has to do with The Council of Europe's Cybercrime Convention, the Council of Europe Convention on the Protection of Children against Sexual Exploitation and Sexual Abuse, and the EU Framework Decision that became active in 2006. These required signatory or member states to criminalize all aspects of child pornography.[4] The second involves the United Nations which established Article 34 of the United Nations Convention on the Rights of the Child (UNCRC). This stated that all signatories shall take appropriate measures to prevent the exploitative use of children in pornographic performances and materials. An optional protocol was also added that requires signatories to outlaw the "producing, distributing, disseminating, importing, exporting, offering, selling or possessing for the above purposes" of child pornography.[5] Some of the negotiations and reviews of the process took place at the World Congress against Commercial Sexual Exploitation of Children held in 1996 and 2001.[6]