1. Prof. Alisdair A. Gillespie De Montfort University, UK

2.  Examines the use of the criminal law to combat the sexual exploitation of children online.  I will give three presentations: ◦ Specific legislation as regards child sexual abuse material (“child pornography”). ◦ Local and International responses to the grooming / solicitation of children. ◦ Child as the perpetrator of a child sexual abuse material offence.

3. Child Pornography

4.  John Carr introduced a number of international instruments.  A number make specific reference to “child pornography”.  The key instruments are: ◦ Optional Protocol to the Convention on the Rights of the Child on the sale of children, child prostitution and child pornography (OPSC). ◦ CoE Convention on Cybercrime. ◦ CoE Convention on the Protection of Children Against Sexual Abuse. ◦ EU Directive 2011/93/EU (EU states only).

5.  Definitions of child pornography in international law: ElementOPSCCoE_SECoE-CyEU Dir Age of child18 18*18 ‘Dress down’   / Virtual child   / ** Simple nudity  Explicit posing Non-penetrative Penetrative acts * - can be lowered to 16 ** - presumption that it applies.

6.  Offences prescribed under International Law OffenceOPSCCoE_SECoE-CyEU Dir Simple possession  * * * Accessing  *  Procuring  * Distributing Making Available Producing * * * - subject to discretionary opt-out.

7.  National Legislation: Type of Material OffencePhotoDrawingTextAudio Australia  Canada England & Wales  Ireland USA *  * - if it depicts a real child

8.  National Legislation: Virtual Child Pornography OffenceCGIPseudoDress Down Australia Canada England & Wales ** Ireland USA  **  * - criminalised under other legislation. ** - save where it depicts a real child

9.  National Legislation: Nature of Material OffenceFemale Breast NudityExplicit Nudity Sexual Activity Australia 1 1 Canada 22 1 England & Wales 3 3 Ireland 1 1 USA 44  1 – Subject to it being for a sexual purpose. 2 – s.163.1(1), Criminal Code refers to the ‘sexual organ’ of a child. The breast is not an organ. 3 – The requirement under English law is that it is ‘indecent’ 4 – 18 USC § 2256(2) refers to the genitals of the child. The dictionary defines genitals as the reproductive organs which implies that the breast will not satisfy this definition.

10.  National and international laws seek the criminalisation of child sexual abuse material.  Default age of ‘a child’ has become 18.  International and national instruments increasingly widening their definition of material.  International law is increasingly criminalising the mere simple possession and accessing of such material.