Gillespie, Alisdair Allan (2018) Child Pornography. Information & Communications Technology Law, 27 (1). pp. 30-54. ISSN 1360-0834
Dangerous_Speech_CP_AAG_Final.pdf - Accepted Version
Available under License Creative Commons Attribution-NonCommercial.
Download (396kB)
Abstract
Child pornography is not necessarily thought of as an example of dangerous speech, but rather it is considered a type of child sexual abuse. However, whilst the law was initially based on the protection of children, it has gradually moved away from this concept and it now arguably covers material that is not harmful. This article will consider what constitutes child pornography under English law and assess where there is potential under and over-criminalisation. It suggests that there should be reform of the law to return it to focusing on the protection of children.