1. Information on existing legislation on child pornography on the Internet
a. Legislation on the definition of child pornography
Denmark
There is no definition of child pornography in the Danish Penal Code guidelines but the Danish Penal legislation Council give a definition of the term .obscene. stating that in defining the term .obscene., the interpretation should depend on whether the picture shows a child involved in a sexual relationship or a child who has been the victim of a seriously offensive act during filming, e.g. by using the child as a model for filming genitals or filming involves.touches characterized as sexual..
Finland
In Finnish legislation: "sukupuolisiveellisyyttä loukkaava lasta esittävä kuva" means
"indecent picture of a child".
Iceland
Despite the fact that Iceland is Party to the Optional Protocol on sale of children, child
prostitution and child pornography, there is no definition of child pornography in the
Icelandic Penal Code.
Italy
Despite the fact that Italy is Party to the Optional Protocol on sale of children, child
prostitution and child pornography, there is no definition of child pornography in the
Italian Penal Code.
Norway
In the Norwegian penal code child pornography is categorised under the law against
pornography (section 204 of the penal code). Pornography is understood as "sexual
depictions of an offensive nature or that in other ways have a degrading effect on people,
or are brutalising, including sexual depictions during which use is made of children,
corpses, animals, violence and compulsion." Child pornography is understood as sexual
depictions in moving and still pictures of persons under the age of 18 or those who are
depicted as under the age of 18.
The definition of a child as a person under the age of 18 (or depicted as such) was
changed as a consequence of the implementation of the Convention on the Rights of the
Child into Norwegian legislation in 2003.
Upcoming legislation
The Norwegian Parliament decided by a unanimous vote in June 2003 to create a new
section in the penal code related to abuse images of children. The new section will not be
related to the existing law against pornography, but be linked more closely to other forms
of sexual abuse and sexual exploitation of minors. The Norwegian Department of Justice
is expected to present a draft for the new section in the Autumn 2004.
Sweden
The definition of child pornography within Swedish law makes no distinction between
photos, films or drawings. Neither does it define the ages of children involved, although
it is, in another law, forbidden for citizens under the age of 18 to take part in any
commercial production of pornography.
b. Legislation on producing, offering, distributing, transmitting, procuring and possessing child pornography
Denmark
Articles 230 and 235 of the Danish Penal Code were changed by law in April 2003 in
order for Denmark to be able to ratify the Optional Protocol to UN Convention on the
Rights of the Child and to fulfil the Framework decision of the European Union on
combating the sexual abuse of children and child pornography.
The production, commercialisation, diffusion and possession of child pornography are
regulated by Law no 228 of 02.04.2003.
Chapter 24, § 230 of the Penal Code reads:
He, who records obscene photographs, films or the like of a person under the age of 18 with the intention of selling or in other ways disseminating the material, will be liable to a fine or be imprisoned up to 2 years or under aggravating circumstances up to 6 years.
Aggravating circumstances are especially instances where the child.s life has been put at risk, severe violence has been used, serious harm has been done to the child or dissemination has been carried out in a systematic or organised fashion.
Chapter 24, § 235 of the Penal Code reads:
Art. 1: He, who disseminates obscene photographs, films or other obscene images and
suchlike of persons under the age of 18, will be liable to a fine or be imprisoned up to
two years or, under aggravating circumstances, be imprisoned up to six years.
Aggravating circumstances are especially instances where the child.s life has been put at
risk, severe violence has been used, serious harm has been done to the child or
dissemination has been carried out in a systematic or organised fashion.
Art. 1: He, who is in possession of, or, by paying money, obtains access to obscene
photographs or films, other obscene images and suchlike of persons under the age of 18,
will be liable to a fine or will be imprisoned up to a year.
Art. 3: Article 2 does not include possession of obscene images of a person who has
reached the age of 15 if that person has permitted the other person to possess the
material.
Finland
Producing, offering, distributing and possessing indecent pictures of a child is illegal.
Iceland
General Penal Code, No. 19/1940, with subsequent amendments.
