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[DRAFT] Banning Child Pornography

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Jedinsto
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[DRAFT] Banning Child Pornography

Postby Jedinsto » Fri Dec 09, 2022 8:18 am

Simone Republic and I are currently drafting a repeal for GA#300, and I was asked to post this replacement draft first, so I will do so.

The World Assembly,

Applauding previous efforts to protect the rights of children through resolutions including but not limited to GA#4, GA#222, and GA#297,

Recalling the recent repeal of GA#300, which placed a ban, however slightly flawed, on child pornography,

Believing in the moral necessity to protect children from potential exploitation,

1. Hereby defines for the purposes of this resolution:

  1. "Child" as a person under the age of majority (or age of consent, whichever is higher) in a member state, and, in any judicial process involving definitions of a "child" involving more than one member state, the definition shall use the highest age of majority among member states relevant to such judicial processes;
  2. "Child pornography" as any visual depictions that is a pornographic depiction of a person who is or is being depicted as a child, regardless of if it is made by electronic or any other means, and regardless of whether it depicts a real person;
  3. "Pornographic depiction" is in turn defined as any depiction of sexual activities and any exposure of body parts customarily deemed by a member nation to be pornographic; any depiction of one or more children engaging in sexual activity, posing in a suggestive or sexual manner, or any kind of nude depiction of one or more children.

2. Hereby prohibits, as a felony offense, the import, export, creation, possession, use and distribution of child pornography within and between any member state(s);
  1. Should the offense be limited to simple possession and committed by a person who is a child themselves, the offense need not necessarily be elevated to a felony;

3. Hereby further requires that in prosecutions for the aforesaid offence in judicial proceedings, it is a defense for the defendant to establish at least one of the following:

  1. The depiction is required for a genuine educational, scientific or medical purpose and distributed only strictly to person(s) that require such depictions and no others;
  2. The possession of such items of child pornography was not requested, and the defendant had both (a) reported and turned over such items to the law enforcement authority of a member state as soon as practicable and (b) endeavored to destroy such items as soon as practicable after the said reporting;
  3. The possession of such items of child pornography was kept to be used strictly for the purposes of being used as evidence in judicial proceedings, was indeed not used for any other purpose, and only those relevant to the specific judicial proceeding have access to the child pornography, and only when absolutely necessary for the judicial proceeding;
  4. The depiction was believed on reasonable grounds to not be that of a child when originally depicted and that the person was not depicted as a child.
  5. The depiction is not of a real child, was not made for or used for any sexual purposes, does not depict the child in any sexually suggestive way, and has genuine artistic merit.
  6. The depiction is of a real child, was not made for or used for any sexual purposes, does not depict the child in any sexually suggestive way, and was kept for the private needs of a family.


Co-author: Simone Republic
Last edited by Jedinsto on Fri Dec 09, 2022 11:21 am, edited 1 time in total.

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United Bongo States of America
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Postby United Bongo States of America » Fri Dec 09, 2022 8:20 am

For. Although I want a total ban in all forms.
Last edited by United Bongo States of America on Fri Dec 09, 2022 8:24 am, edited 1 time in total.

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Federation of Vanguard
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Postby Federation of Vanguard » Fri Dec 09, 2022 8:23 am

The Orosian Assembly of the People Wishes to express its Full Support of this Proposal.
Last edited by Federation of Vanguard on Fri Dec 09, 2022 8:23 am, edited 1 time in total.
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Kainin
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Postby Kainin » Fri Dec 09, 2022 8:23 am

For

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Cooee
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Ex-Nation

Postby Cooee » Fri Dec 09, 2022 8:25 am

For

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Kenmoria
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Postby Kenmoria » Fri Dec 09, 2022 8:27 am

“I notice that there are no exceptions for artistic depictions, such as in classical artwork or sculpture. Neither are there exceptions for innocent familial photographs, since photographs of very young infants might feature those infants naked, with no suggestion of a sexual nature. This would be classified as pornographic, as it is a ‘nude depiction of one or more children’.”
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West Barack and East Obama
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Postby West Barack and East Obama » Fri Dec 09, 2022 8:42 am

OOC: Felony? Not every nation uses 'felonies'.
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Las Duendes
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Postby Las Duendes » Fri Dec 09, 2022 9:30 am

Great now every parent who takes picture of naked child running around house will be guilty of international felony. Keep up good work!

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Second Peenadian
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Postby Second Peenadian » Fri Dec 09, 2022 9:31 am

Full Support, Agree
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Hannasea
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Postby Hannasea » Fri Dec 09, 2022 9:32 am

"Opposed."

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Zanderlock
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All For This Draft.

Postby Zanderlock » Fri Dec 09, 2022 9:34 am

All for. Even If I was not, I would be too afraid to say opposed to something with the title of "BANNING CHILD PORNOGRAPHY"
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Heidgaudr
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Postby Heidgaudr » Fri Dec 09, 2022 10:02 am

Kenmoria wrote:“I notice that there are no exceptions for artistic depictions, such as in classical artwork or sculpture. Neither are there exceptions for innocent familial photographs, since photographs of very young infants might feature those infants naked, with no suggestion of a sexual nature. This would be classified as pornographic, as it is a ‘nude depiction of one or more children’.”

"Not to mention anatomical illustrations used by doctors and other medical professionals. Our delegation sees this proposal as being strictly worse than the resolution it's seeking to replace."
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Juansonia
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Postby Juansonia » Fri Dec 09, 2022 10:20 am

Zanderlock wrote:All for. Even If I was not, I would be too afraid to say opposed to something with the title of "BANNING CHILD PORNOGRAPHY"
OOC: If it helps, just say "Opposed to a repeal of the WA's current ban on Child Pornography."
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Postby The Orwell Society » Fri Dec 09, 2022 10:23 am

Support
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Jedinsto
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Postby Jedinsto » Fri Dec 09, 2022 11:12 am

United Bongo States of America wrote:For. Although I want a total ban in all forms.

"That's exactly what this is, so I suppose you're in luck."

Kenmoria wrote:“I notice that there are no exceptions for artistic depictions, such as in classical artwork or sculpture. Neither are there exceptions for innocent familial photographs, since photographs of very young infants might feature those infants naked, with no suggestion of a sexual nature. This would be classified as pornographic, as it is a ‘nude depiction of one or more children’.”


"In a prior version of this draft, such an exception was included, however it was removed due to a neglectful mistake. We appreciate your comment and will put the exception back in place."

West Barack and East Obama wrote:OOC: Felony? Not every nation uses 'felonies'.


OOC: How do you suggest I change this?

Las Duendes wrote:Great now every parent who takes picture of naked child running around house will be guilty of international felony. Keep up good work!


"A change will be made to the definition to accommodate for such things."

Hannasea wrote:"Opposed."

Daniella Russel, MA PhD,
Representing the office of:
Ambassador Brittany Hepburn
Semi-Permanent Representative to the World Assembly


"Why, may I ask?"
Heidgaudr wrote:
Kenmoria wrote:“I notice that there are no exceptions for artistic depictions, such as in classical artwork or sculpture. Neither are there exceptions for innocent familial photographs, since photographs of very young infants might feature those infants naked, with no suggestion of a sexual nature. This would be classified as pornographic, as it is a ‘nude depiction of one or more children’.”

"Not to mention anatomical illustrations used by doctors and other medical professionals. Our delegation sees this proposal as being strictly worse than the resolution it's seeking to replace."

"See clause 3i."

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GermanEmpire of kaisereich
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Postby GermanEmpire of kaisereich » Fri Dec 09, 2022 11:19 am

The German Empire of Kaisereich fully supports this proposal, as it represses any act of violation of the physical integrity of a child, as an extremely conservative nation we support any proposal to protect the integrity of children.
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Goobergunchia
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Postby Goobergunchia » Fri Dec 09, 2022 11:21 am

We would be willing to consider a ban on exploitative fakes used to harm real people. We do not believe a repeal of "Child Pornography Ban" is needed to accomplish this.

We also do not believe it is a productive use of judicial resources to determine the ages of fictional characters.

[Lord] Michael Evif
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Bananaistan
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Postby Bananaistan » Fri Dec 09, 2022 11:57 am

"This is a deeply flawed proposal and is worse than the existing resolution in every material way and utterly misses the point that laws against child sexual material are for the protection of real children and not imaginary pixels, and definitely not consenting adults or teenagers sharing explicit, or in the case of the deeply flawed section 1iii here, images that are not even explicit but merely nude.

"The repeal which allow this proposal to become a possible law states that the old law is outdated in terms of modern ICT. Where is this alleged issue dealt with here? It's not as far as I can see. If anything, this ignores modern cloud computing to the detriment of civil freedoms everywhere and would ultimately raise the legitimate age of actors in pornography, the age at which partners can share explicit images of each other, etc to the highest age of majority of any nation in the WA. Consider where electronic images are stored and how they are transmitted.

"The definition of child based on the highest age in any relevant member state is deeply flawed. It would literally make international criminals of artists, photographers, amateur photographers and anyone with a smart phone. Take for example a legitimate non-sexual nude photograph or painting of an 18 year old in a country where the age of majority is 18. Should that painting or photograph be sold/given/sent to a person resident in a country where the age of majority is 21, the artist/photographer, the recipient and anyone involved in the transport of the painting/photography from A to B have now all become international criminals.

"Furthermore, regardless of the above issue, legitimately underaged individuals sharing images of themselves, for example a boyfriend and girlfriend, should not be turned into international criminals.

"The definition of "child pornography" entirely misses the point of laws against child sexual abuse materials which is to protect real children not imaginary pixels.

"The definition of "pornographic depiction" is nothing but prudery. It also misses the point of protecting children from sexual abuse. And it goes way too far.

"The wording of the exceptions is awful. It means that member states must haul all sorts of innocent people into courts before they can take advantage of any of these. What an awful waste of precious resources which could be better used catching and convicting actual criminals.

"In sum we are utterly opposed to this prudery. This proposal takes a sledgehammer to crack a nut and casts a net wide and far to make criminals of innocent people. The WA has no business doing so."
Last edited by Bananaistan on Fri Dec 09, 2022 11:58 am, edited 1 time in total.
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Kenmoria
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Postby Kenmoria » Fri Dec 09, 2022 12:03 pm

“I find myself convinced by the arguments by the delegation for Bananistan and by Ambassador Evif. As of the present moment, I cannot support this proposal. There may very well be problems with GA #300. However, these problems do not appear to be remedied by the current draft.”

Jedinsto wrote:
West Barack and East Obama wrote:OOC: Felony? Not every nation uses 'felonies'.


OOC: How do you suggest I change this?

(OOC: At least in the UK, there is not an equivalent concept, to my knowledge. I think the wording of “serious crime” would be better.)
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Kenmoria is a corporate semi-dystopia where the mechanism of government has been privatised. It nominally has a Parliament, but it exercises no real power. Although the nation has helped to passed six GA resolutions, and been commended by the WA, nobody in Kenmoria knows of the WA’s existence, apart from a select few.

For more information, read the factbook here, though it is slightly inaccurate.

Sir James Lewitt is my character in the General Assembly. He was fired from employment as ambassador by the Kenmorian Government, but still turns up anyway.

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Repreteop
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Postby Repreteop » Fri Dec 09, 2022 12:05 pm

Im going to just say that im for this... although im disturbed that this actually has a potential for a debate.

(And that this is needed on a PG-13 game, even on forums)
Last edited by Repreteop on Fri Dec 09, 2022 12:06 pm, edited 2 times in total.
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GermanEmpire of kaisereich
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Postby GermanEmpire of kaisereich » Fri Dec 09, 2022 12:10 pm

Bananaistan wrote:"This is a deeply flawed proposal and is worse than the existing resolution in every material way and utterly misses the point that laws against child sexual material are for the protection of real children and not imaginary pixels, and definitely not consenting adults or teenagers sharing explicit, or in the case of the deeply flawed section 1iii here, images that are not even explicit but merely nude.

"The repeal which allow this proposal to become a possible law states that the old law is outdated in terms of modern ICT. Where is this alleged issue dealt with here? It's not as far as I can see. If anything, this ignores modern cloud computing to the detriment of civil freedoms everywhere and would ultimately raise the legitimate age of actors in pornography, the age at which partners can share explicit images of each other, etc to the highest age of majority of any nation in the WA. Consider where electronic images are stored and how they are transmitted.

"The definition of child based on the highest age in any relevant member state is deeply flawed. It would literally make international criminals of artists, photographers, amateur photographers and anyone with a smart phone. Take for example a legitimate non-sexual nude photograph or painting of an 18 year old in a country where the age of majority is 18. Should that painting or photograph be sold/given/sent to a person resident in a country where the age of majority is 21, the artist/photographer, the recipient and anyone involved in the transport of the painting/photography from A to B have now all become international criminals.

"Furthermore, regardless of the above issue, legitimately underaged individuals sharing images of themselves, for example a boyfriend and girlfriend, should not be turned into international criminals.

"The definition of "child pornography" entirely misses the point of laws against child sexual abuse materials which is to protect real children not imaginary pixels.

"The definition of "pornographic depiction" is nothing but prudery. It also misses the point of protecting children from sexual abuse. And it goes way too far.

"The wording of the exceptions is awful. It means that member states must haul all sorts of innocent people into courts before they can take advantage of any of these. What an awful waste of precious resources which could be better used catching and convicting actual criminals.

"In sum we are utterly opposed to this prudery. This proposal takes a sledgehammer to crack a nut and casts a net wide and far to make criminals of innocent people. The WA has no business doing so."

So it would be better to add that the prohibition would vary from country to country, depending on the age required to declare the age of majority going from National State to National State, but the focus of the proposal remains on children who are very young, the proposal really is interesting, and may change from country to country. Depending a lot on the legislation of each member country.
Last edited by GermanEmpire of kaisereich on Fri Dec 09, 2022 12:13 pm, edited 1 time in total.
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German Empire takes more Aggressive stance against Marajarbia and ODP and begins to seize any ship in the German sea or plane from Marajarbia in the Air or on German soil, while the German army that is spread around the world receives orders to be ready for possible and future conflict between the Reich and the ODP (if it occurs)

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Underwater Sovereignties
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Postby Underwater Sovereignties » Fri Dec 09, 2022 12:12 pm

The Federation of Underwater Sovereignties fully supports this proposal. Such material should be entirely forbidden.
Last edited by Underwater Sovereignties on Fri Dec 09, 2022 12:15 pm, edited 1 time in total.

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Attempted Socialism
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Left-wing Utopia

Postby Attempted Socialism » Fri Dec 09, 2022 1:53 pm

I agree with the opinions (As stated IC) of Heidgaudr and Banana. I don't see a need to repeal the current resolution, and this appears to be substantially worse.


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Juansonia
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Postby Juansonia » Fri Dec 09, 2022 3:33 pm

Jedinsto wrote:
United Bongo States of America wrote:For. Although I want a total ban in all forms.

"That's exactly what this is, so I suppose you're in luck."

"I think that they are talking about a complete ban on pornography, with no regard for whether the content in question is child sex abuse material."
- Maria-Fernanda Novo, WA Ambassador for the Armed Republic of Juansonia
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Right now, Pride gets June, and Greed, Envy, and Gluttony have to share Thanksgiving/Black Friday through Christmas, Sloth gets one day in September, and Lust gets one day in February.

It's not equitable at all
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TURTLESHROOM II
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Postby TURTLESHROOM II » Fri Dec 09, 2022 3:45 pm

The cheers in the vents revealed the neck of a tortoise that stuck out of one of the ducts in the ceiling.

"I really cain't believe the Devil's Congregate was capable of any good. Yet, here we are, FINALLY debatin' a REAL punishment'a child porn. God bless y'all!!"

Familiarizing himself with the document, the ceiling turtle had a suggestion to make.

"Article Three, Clauses Five and Six are rather vague. What exactly does it mean when y'all say 'not made or used fer sexual purposes'? This could be construed to allow for a nekkid key-id, because some more perver- sorry, libertine societies don't think nudity's obscene. Let's make sure we amend Article Three, Clause Five to specify that you cain't have no nekkid key-ids."

From his ceiling vantage point, the turtle thought for a moment, turning his head at the wall, and then back.

"I think that definin' what is nekkid and what ain't might be a good idear. Societies that think nipples ain't nekkid could peddle smut to nations that do, and it would allow certain 'porn shelters' to avoid prosecution."

"I would say, for an underaged, human female, it'd be the whole of the buttocks, the whole of the crotch and thighs, and both any breast tissue and the nipples."

"For an underaged, male human, it would be the whole of the buttocks and the whole of the crotch and thighs."

The turtle smiled as much as he could without lips, expressing his satisfaction.

"One last thing. You ain't got no mandatory minimum sentencin'. Not every nation has capital punishment, but they DO have life in prison. For the sake of everyone, you should specifically say that anyone with child porn should either be put to death OR given life in prison, without any possibility of parole."
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