what is child porn ?

Scaramanga 4

In mainstream Scandinavian tv programs/movies(eg Sanning eller konsekvens) it is very common to have naked scenes with children and teenagers. Would such movies be illegal under Irish law ?

seamus

Only if those scenes involving children were of a sexual nature, afaik.

Amirani

Pornography in general, is visual or written material intended to stimulate sexual excitement. Presumably this isn't the intention of the Scandinavian TV producers, thus it wouldn't be considered pornography.

I'm not sure on the Irish legal definition, but presumably it would be somewhat similar. Context is obviously crucial.

Tom Young

The legal definition: http://www.irishstatutebook.ie/1998/en/act/pub/0022/sec0002.html#sec2

hullaballoo

It is defined by the Child Trafficking and Pornography Act 1988 here: http://www.irishstatutebook.ie/1998/en/act/pub/0022/sec0002.html#sec2

johnnyskeleton

Whenever a scene is supposed to have a child running around naked, they should replace the child with a chimpanzee for that scene

SweetCaliber

I'm generally confused, does that mean, under Irish Law, that pictures of naked children, perhaps on a nude beach or with a family acting innocent is not classed as child porn and is completely legal?

Tom Young

Read the definition linked above by Hulla and myself.

Cody Pomeray

I wonder how the definition might be interpreted to include condemnatory depictions of the personal torment of child sexual abuse in art. I don't know of any such art, but it's possible.

It seems surprising that there is no artistic exemption or scientific exemption.

What if the pederastic art from Ancient Greece were to be depicted on television?

What if Roger Casement's diaries were to be exhibited?

Even if a purposive approach were to be taken (which it shouldn't be), the intention of the Oireachtas is unclear.

As an aside, when I was wondering this I googled "art" and 'depicts child abuse" results for Ireland. Just waiting for the swat team now.

Gatling

I seem to recall a movie that airs on sky movies regularly where a young 10/11 years old Brooke shields works in a brothel if I read correct she appears naked /near naked in several scenes involving or a precursor to having sex with a man ,
Art or very close to illegal ??

Zascar

http://motherboard.vice.com/blog/what-happens-when-hundreds-of-people-retweet-child-porn - this is worth a read

hullaballoo

Gatling wrote: »

I seem to recall a movie that airs on sky movies regularly where a young 10/11 years old Brooke shields works in a brothel if I read correct she appears naked /near naked in several scenes involving or a precursor to having sex with a man ,
Art or very close to illegal ??

Yes, there is an exemption under the definition linked to above, twice. We have artistic censorship here and most forms of publications that pass through the state censor are exempt from the definition of child pornography.

People need to be careful with that, though. It is not a very broad exemption.

BognarRegis

hullaballoo wrote: »

Yes, there is an exemption under the definition linked to above, twice. We have artistic censorship here and most forms of publications that pass through the state censor are exempt from the definition of child pornography.

People need to be careful with that, though. It is not a very broad exemption.

In the UK there was a case where someone copied scenes and stills from an approved/certified film, but the extracted images were held to be illegal. If that person had only possessed the entire film, he would not have been prosecuted.

The legal definition is quite broad so as to afford the authorities the best possible chance of securing a prosecution and the boundary of what would be considered illegal is expanding as precedents are set.

Given that some cases are decided by a jury, it's possible that the same images might bring about a conviction in one case and an acquittal in another.