Journal articles on the topic 'Pornography – Law and legislation'
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1
Febriansyah, Ferry Irawan. "Criminal Sanction for Users of Pornographic Content on Internet Sites: A Pornographic Law Perspecive." Jurnal Magister Hukum Udayana (Udayana Master Law Journal) 7, no. 1 (May 28, 2018): 1. http://dx.doi.org/10.24843/jmhu.2018.v07.i01.p01.
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Inside the internet, information becomes something very important and really life. Mobility is so fast and can be downloaded, produced, and then uploaded again. The internet network is one of the most popular information sources today. Many internet users access pornographic websites because these pornographic websites supported by the development of rapid internet. The purpose of this study is to review Pornographic Law related to cyberporn. This criminal act is called Cyberporn. Given the enormous impact that is caused by the act of pornography, especially on the internet site, the government legalized the bill against pornography into pornography law with clear criminal provisions. This research method using normative law research method, with a normative juridical approach related to pornography. In relation to this type of research is a normative legal research, then the source of legal material used is the legislation. In accordance with this type of research, the analysis used is a normative juridical analysis that relies on the ability of legal argumentation, legal interpretation, and legal reasoning related to criminal provisions in pornography law. From the results of research have found that criminal provisions in the law number 44 of 2008 on pornography is quite clear that everyone who access on porn sites on the internet threatened with criminal sanctions. Juridically, criminal provisions in pornography law provide legal certainty is quite clear.
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Konovalov, Nikolay N. "LIABILITY FOR THE MANUFACTURE AND CIRCULATION OF FILES OR OBJECTS WITH PORNOGRAPHIC IMAGES OF MINORS IN INTERNATIONAL, FOREIGN AND RUSSIAN CRIMINAL LAW." International criminal law and international justice 2 (February 11, 2021): 15–18. http://dx.doi.org/10.18572/2071-1190-2021-2-15-18.
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The article analyzes the norms of international and international criminal law that prohibit the production and trafficking of materials or objects with pornographic images of minors. Various acts defining what should be considered pornography of minors are considered in sequence. Domestic and foreign legislation is also studied. In the process of studying the concept of “pornography”, the opinions of well-known Russian and foreign scientists are considered.
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Laksana, Andri Winjaya, and Suratman Suratman. "ANALISIS YURIDIS PENYIDIKAN TINDAK PIDANA PORNOGRAFI BERDASARKAN UNDANG-UNDANG NOMOR 44 TAHUN 2008 DI ERA DIGITALISASI." Jurnal Pembaharuan Hukum 1, no. 2 (August 1, 2014): 169. http://dx.doi.org/10.26532/jph.v1i2.1473.
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Pornography is a crime that is privacy so that enforcement against the eradication of pornography there are many difficulties. One of the factors inhibiting the eradication of pornography among others due to lack of cooperation from the public and the various parties in reporting this crime. Criminal law enforcement have a tendency to be influenced by the structure of society, that is a constraint that allows the criminal law enforcement can be run and can provide barriers that lead to the enforcement of criminal law can’t be started or can't be maximize. As happens to the pros cons on current legislation Law No. 44 Year 2008 concerning the Crime pornography. This research method using normative juridical approach. Normative juridical research also called legal research library research is done by checking library materials or secondary data. The results of the study refers to Article 34 in conjunction with Article 8 of Law No. 44 Year 2008 on Pornography, (1) that the elements of the crime of pornography consists of Subjective elements that error, which means intentionally or consent was committed and objective elements that act ( be) which means that objects or models that contain pornographic content. (2) In the process of criminal investigations conducted pornography remains based on Criminal Procedure unless otherwise provided in the Act No. 44 of 2008
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Bunga, Dewi. "Penanggulangan Pornografi dalam Mewujudkan Manusia Pancasila." Jurnal Konstitusi 8, no. 4 (May 20, 2016): 453. http://dx.doi.org/10.31078/jk842.
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The provisions concerning the prohibition of pornography are set in the national legal instruments and instruments of international law. Specifically regulated in Law no. 11 Year 2008 About Pornography whose existence was confirmed by the Constitutional Court Decision No. 10-17-23/PUU-VII/2009 who rejected the judicial review of Law no. 44 Year 2008 on Pornography seeing this legislation is still needed to protect public morality. Prohibition of pornography is also in line with the principle of the 2nd Pancasila who want a civilized human being. However, the existence of the rule is not effective in preventing pornography, especially with the internet presence that can expand and facilitate access to pornography. Therefore it is necessary efforts to control pornography in the human form of Pancasila.
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Murdan, Murdan. "Membaca Undang-Undang Nomor 44 Tahun 2008 Tentang Pornografi dari Perspektif Sosiologi Hukum." Indonesian Journal of Shariah and Justice 1, no. 1 (November 18, 2021): 123–44. http://dx.doi.org/10.46339/ijsj.v1i1.5.
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As a society known for its rich tribes, cultures, enis, groups, languages, islands, and so on, it is natural that Indonesia is said to be one of the countries on the world's most multicultural planet. The passing of Law No. 44 of 2008 on Pornography as a hard success among Islamism penetrated the national legislation of Indonesia. As a result, the group of people who disagreed and disagreed with the passage of Law No. 44 of 2008 made various resistance efforts to overturn the Law. The resistance they make from protests through demonstration movements, politics, economics, to efforts to take legal routes. As a result, to this day the Law is only as a documentation of Indonesia's national legislation, and almost no longer gets the attention of the public and law enforcement in Indonesia. In connection with that, this paper will read the existence of Law No. 44 of 2008 on Pornography in the perspective of legal sociology, both in the discussion of legal science in general and in discussions of Islamic-Sharia law.
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Thomas, April Gile, and Elizabeth Cauffman. "Youth Sexting as Child Pornography? Developmental Science Supports Less Harsh Sanctions for Juvenile Sexters." New Criminal Law Review 17, no. 4 (2014): 631–51. http://dx.doi.org/10.1525/nclr.2014.17.4.631.
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It is critical that the legal and psychological issues surrounding youth sexting, a term derived from the joining of “sex” and “texting,” be considered. Based on current interpretations of the law, minors who engage in sexting can be charged with a felony offense and in some cases be required to register as a sex offender. Yet, when adults share sexually explicit photos of themselves, such behavior is protected under the First Amendment (provided the subject and the recipient of the image are consenting adults). The purpose of the present review is to examine the differential treatment of sexting by minors in the legal system and the controversy surrounding child pornography legislation. A brief history of child pornography legislation is provided, followed by a review of the existing literature on the prevalence and patterns of juvenile sexting. Available case law is summarized, with an emphasis on the consequences of sexting specifically for juveniles. The authors then address the developmental factors relevant to understanding youth sexting behavior. These considerations lead to a discussion of whether it is appropriate to consider adolescents culpable for such behavior and, if so, to what degree and under what circumstances. It is argued that sexting behavior be considered separate from child pornography, and as such, the authors propose that specific legislation be designed to address the unique situations in which sexting behavior occurs. Furthermore, based on developmental science, the authors conclude that juveniles should be considered less culpable for sexting behavior than adults, and recommend that the punishment for minors be more developmentally appropriate.
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Negara, Rhafshanjanie Prawira, and Frans Simangunsong. "JUAL BELI SEX TOYS DALAM PRESPEKTIF HUKUM PIDANA DI MEDIA ONLINE." Bureaucracy Journal : Indonesia Journal of Law and Social-Political Governance 2, no. 2 (August 30, 2022): 703–13. http://dx.doi.org/10.53363/bureau.v2i2.99.
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Transactions of pornography on the internet have many stages, starting from offers, agreements, delivery of goods, and payments, it makes many laws and regulations that can be applied. This creates legal uncertainty. The formulation of the problem in this research is how is the form of criminal responsibility for the perpetrators of buying and selling sex toys in online media. This research is a normative legal research. To examine the existing legal problems, this research uses a conceptual approach and legislation. The results of this study indicate that the sale and purchase of pornography (sex toys) through online media can be applied to the ITE Law and Pornography. In terms of accountability, it can be determined from the results of evidence in the trial process what form of pornography is
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McLaughlin, Julia. "Exploring the First Amendment Rights of Teens in Relationship to Sexting and Censorship." University of Michigan Journal of Law Reform, no. 45.2 (2012): 315. http://dx.doi.org/10.36646/mjlr.45.2.exploring.
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This Article explores child pornography law in relation to teen sexting conduct. Recently, some teens who engaged in teen sexting have been convicted under child pornography laws and have been required to register as sexual predators. The criminalization of teens for developmentally typical behavior, mimicking the conduct of adults, can result in grave harm to most teens. Furthermore, the application of child pornography laws to teen sexting conduct demonstrates the constitutional overbreadth of the current definition of child pornography. Photographs have an emblematic role in society-capturing and celebrating youth. Moreover, the creation of teen sexting images accompanies a teen's developmental quest for a sexual identity and individuation. Thus, teen sexting images constitute teen sexual speech and are entitled to some degree of constitutional protection, so long as the images are not obscene. The variable obscenity standard of Ginsberg v. New York has since been modified by the Bellotti v. Baird strict scrutiny standard. Thus, any legislation related to teen sexual speech must be narrowly tailored to protect the minor from harm, or further another compelling state interest. This Article tests the author's proposed teen sexting legislation under the Bellotti test.
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Stol, W. Ph (Wouter). "Policing Child Pornography on the Internet — In the Netherlands." Police Journal: Theory, Practice and Principles 75, no. 1 (March 2002): 45–55. http://dx.doi.org/10.1177/0032258x0207500105.
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Since crime on the internet does not adhere to national boundaries, police forces must acquaint themselves with the law enforcement situation in other countries. This article provides the reader with information about the Netherlands. Dutch attitudes towards child pornography will be discussed, as well as Dutch legislation, the organisational structure of the police, the division of labour between police units, and problems Dutch police encounter while combating child pornography on the internet. The Dutch police are confronted with two major problems. First, police officers know too little about the digital sides of contemporary police work, including the more technological facets as well as sociological and criminological characteristics of virtual communities. Secondly, the police must establish new formal as well as informal collaborations on both a national and international level, since internet crime does not fit into existing law-enforcement structures.
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Stone, Nigel. "The ‘Sexting’ Quagmire: Criminal Justice Responses to Adolescents’ Electronic Transmission of Indecent Images in the UK and the USA." Youth Justice 11, no. 3 (November 30, 2011): 266–81. http://dx.doi.org/10.1177/1473225411420533.
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Adolescent embrace of electronic communication with peers often involves sharing indecent images of each other, sometimes with abusive consequences. How should the criminal justice system respond? Use of conventional child pornography legislation can be inappropriately heavy-handed and draconian. This article considers recent developments in the United States and considers how this mode of juvenile indiscretion fits with law, policy and practice in England and Wales.
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Easton, Susan. "Criminalising the Possession of Extreme Pornography: Sword or Shield?" Journal of Criminal Law 75, no. 5 (October 2011): 391–413. http://dx.doi.org/10.1350/jcla.2011.75.5.728.
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This article examines the reasons for the introduction of the extreme pornography provisions in s. 63 of the Criminal Justice and Immigration Act 2008, whether the provisions can be justified, whether they meet their goals and the problems they raise. It is argued that the provisions should be seen as an expression of benign perfectionism, grounded in respect for individuals, rather than repressive paternalism. The impact of the law is assessed with reference to recent cases and the author considers whether the fears expressed at the time the legislation was passed have been borne out in practice.
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BERCHT (UFRGS), Gabriela, and Carlos Eduardo BARZOTTO (UFRGS). "“INFÂNCIA SEM PORNOGRAFIA” E O MOVIMENTO ANTIGÊNERO: APROXIMAÇÕES CONCEITUAIS." Margens 16, no. 26 (June 30, 2022): 73. http://dx.doi.org/10.18542/rmi.v16i26.11061.
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Abstract: Given the proliferation of Law Projects titled “Childhood Without Pornography” in Brazil, this article has as its aims to comprehend how this dispersal happens and what are its discursive impacts on Brazilian education. It is questioned, here, if the emergency of such legislative acts can be seen as an expression of the antigender movement. For such, a double movement was achieved: firstly, the debate about pornography and education was mapped in order to, secondly, make a survey on the propositions of this kind already made in Brazil. Fifty occurrences of that type were found in Brazil and, from them, we argue that the law project titled “Childhood Without Pornography” can be understood as a new expression of the antigender movement in Brazilian education.Keywords: Childhood Without Pornography. Antigender movement. Education.
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Pavlenko, Irina, and Valentina Egorova. "Online Child Pornography: Problem Overview and Global Trends in Counteraction." Russian Journal of Criminology 15, no. 1 (March 9, 2021): 133–43. http://dx.doi.org/10.17150/2500-4255.2021.15(1).133-143.
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The authors discuss the online dissemination of child pornography. The authors analyze this phenomenon in the contemporary world and state that such crimes are large-scale and occur on all territories. At the same time, the authors claim that modern criminology does not have any special research methods of monitoring cyber-crimes in general, or online child pornography specifically. They note that research cannot keep up with the rapid pace of information and telecommunication technologies' progress and that criminological research in this sphere is lagging behind. Applying the comparative method, the authors studied the criminalization of the online dissemination of child pornography in national legislations of different countries. It is stated that national legislations contain various tasks of counteracting the spread of online child pornography, ranging from the criminalization of this phenomenon to the improvement of the technical means of countering it. It is suggested that such a divergence of tasks is connected with the social, economic and technological development of different countries. The use of systemic analysis made it possible to specify key trends in counteracting the analyzed phenomenon. One of them is the replacement of the term «child pornography» in normative documents by the term «sexual violence against children». Violence is a constructive feature of child pornography. The authors explain he grounds for such a replacement. They describe the methods of counteracting the spread of online child pornography used in different countries, and suggest conditionally dividing them into normative, organizational and technical ones. It is noted that NGOs and international organizations play a significant role in countering the dissemination of online child pornography. The authors outline the most relevant prospects of international cooperation in countering the sexual exploitation of children, the key of which is more active interaction between states, including interaction under the auspices of international organizations.
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Maggs, Peter B. "Islamic Banking in Kazakhstan Law." Review of Central and East European Law 36, no. 1 (2011): 1–32. http://dx.doi.org/10.1163/092598811x12960354394641.
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AbstractKazakhstan has adopted legislation designed to facilitate Islamic banking, and at least one Islamic bank has started operations in Kazakhstan. Islamic banking is based upon traditional Islamic law, which forbids the taking of interest, the making of profit without risk, and profiting from "sinful" businesses such as pornography. The legislation in Kazakhstan forbids such activities for Islamic banks and also requires each Islamic bank to have an independent "Council on the principles of Islamic finance" to rule on bank policies and specific transactions. Islamic banking practices use complex combinations of transactions, each permitted by Islamic law, to mimic common conventional banking transactions, such as loans bearing fixed interest rates and repayable on a fixed date. Stable income and manageable principal obligations from credit-worthy borrowers can ensure that a bank will receive high ratings from leading international credit rating agencies and, thus, can satisfy the requirements of Kazakhstan's bank regulators. The formal difference between Islamic banking transactions and the conventional transactions that they mimic could lead to differing treatment for taxation. To provide a level playing field, Kazakhstan has amended its Tax Code to provide for equal treatment of economically equivalent Islamic and conventional banking transactions. Adjustments have also been made to bankruptcy legislation, reflecting the unavailability of deposit insurance for Islamic banks and the special nature of investment deposits in Islamic banks. There are controversies among Islamic law scholars as to whether or not various practices used to mimic conventional banking transactions are unlawful because they violate the spirit of Islamic law. This creates what is called "Sharia risk", the risk that a transaction will be found unlawful after it has been concluded, with consequences highly unfavorable for a party.
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Repetskyi, Serhii. "Сriminal offenses related to pornographic products in the criminal law of foreign countries." Scientific and informational bulletin of Ivano-Frankivsk University of Law named after King Danylo Halytskyi, no. 13(25) (June 8, 2022): 205–12. http://dx.doi.org/10.33098/2078-6670.2022.13.25.205-212.
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Purpose. The aim of the work is to study criminal offenses related to pornographic products in the criminal law of foreign countries, as well as to delineate the limits of the use of its positive assets. The Methodology. The methodology includes a comprehensive analysis and generalization of available scientific and theoretical, legislative material and the formulation of relevant conclusions. The following methods of scientific knowledge were used during the research: comparative-legal, logical-grammatical, system-structural, modeling. Results. The study acknowledged that the criminal law of foreign countries does not have a single approach to the definition of criminal offenses related to objects and works of a pornographic nature. In most European countries, prosecution is provided not only in the Criminal Code, but also in special laws to combat these phenomena. At the same time, increased attention is paid to criminal offenses, which provide for liability for acts related to pornographic products involving minors. Also notable is the criminalization of acts of child pornography, as well as entertainment of a sexual nature with the participation of a minor. Scientific novelty. The study identified a number of progressive provisions in the criminal law of foreign countries on acts related to pornographic products, which can be further considered for legislative initiatives on criminal liability for criminal offenses against morality. Practical significance. The results of the study can be used in law-making activities to further improve national criminal law on criminal offenses against morality, as well as in the educational process during teaching and studying disciplines "Special part of criminal law of Ukraine" and "Criminology".
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Adinatha, Putu Bagus Dio, Anak Agung Sagung Laksmi, and I. Made Minggu Widyantara. "Sanksi Pidana Terhadap Pembuat Stiker Prnografi di Media Komunikasi Whatshap." Jurnal Preferensi Hukum 2, no. 3 (October 31, 2021): 658–63. http://dx.doi.org/10.22225/jph.2.3.4037.658-663.
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The spread of pornographic content is not only spread through access to pages on the internet website but is spread through various platforms, one of which is communication media. Currently, the majority of people from various age groups and economies are very familiar with online communication media. This study aimed to examine the legal arrangements against pornographic sticker makers in WhatsApp communication media and examine criminal sanctions against pornographic sticker makers in WhatsApp communication media. This type of research used normative law with a Legislative and Conceptual approach. Sources of legal materials consisted of primary, secondary, and tertiary sources of legal materials. It could be obtained through an inventory or tracing technique of relevant legal materials and then classified or grouped and documented, recorded, quoted, summarized. The results of the study showed that the legal arrangements for making pornographic stickers on WhatsApp communication media are regulated in the ITE Law (Electronic Information and Transactions) Law No. 11 of 2008, the Criminal Code (KUHP), and the Pornography Law - Law No. 44 of 2008 which can ensnare the perpetrators of pornographic sticker makers on WhatsApp communication media. Criminal sanctions against pornographic sticker makers on WhatsApp communication media, any person who intentionally and without rights spreads information that aims to cause hatred or hostility to certain individuals and/or community groups based on ethnicity, religion, race, and intergroup (SARA), will be subject to criminal sanctions with a maximum imprisonment of six years or a maximum fine of Rp. 1 Billion.
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Christianto, Hwian. "AJARAN SIFAT MELAWAN HUKUM MATERIIL SEBAGAI UPAYA HARMONISASI KETENTUAN HUKUM PIDANA PORNOGRAFI MELALUI INTERNET." IJCLS (Indonesian Journal of Criminal Law Studies) 2, no. 1 (August 19, 2017): 27–39. http://dx.doi.org/10.15294/ijcls.v2i1.10813.
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Ide ajaran sifat melawan hukum materiil menimbulkan problema kepastian hukum padahal di satu sisi pemberlakuan hukum yang hidup dikehendaki oleh masyarakat. Penelitian dilakukan sebagai upaya menemukan hakikat ajaran sifat melawan hukum materiil dan fungsi ajaran sifat melawan hukum materiil dalam hukum pidana nasional terkait perkembangan hukum internasional. Metode penelitian yuridis normatif dilakukan dengan mengolah bahan hukum primer berupa produk perundang-undangan terkait pornografi dan pemberlakuan ajaran sifat melawan hukum materiil. Didukung dengan bahan hukum sekunder meliputi putusan hakim yang memberlakukan sifat melawan hukum materiil. Hasil penelitian menunjukkan bahwa pemberlakuan sifat melawan hukum materiil mendapatkan dasar yuridis untuk diterapkan yaitu KUHP dan Undang-Undang Kekuasaan Kehakiman. Pemberlakuan sifat melawan hukum materiil ini bersumber pada norma kesusilaan yang merupakan sumber dari nilai kesusilaan bukan hanya bangsa Indonesia melainkan dunia. Pemberlakuan sifat melawan hukum materiil berdasarka norma kesusilaan membuka ruang bagi upaya harmonisasi pengaturan larangan pornografi melalui internet. Hal tersebut didasarkan pada pemahaman perbuatan pornografi melalui internet merupakan perbuatan yang merendahkan harkat dan martabat manusia.The idea of unlawful materiil law raises problem of legal certainty whereas on the one hand the application of living law is desired by society. The research was conducted to discover the unlawful materiil law and the function of unlawful materiil law in national criminal law related to the development of interntional law. Normative juridical research method is done by processing primary legal materials in the form of legislation products related to pornography and the enforcement of doctrine of against materiil law. Supported by secondary legal materials includes judges' rulings unlawful materiil law. The results showed that the enforcement of unlawful materiil law get the juridical basis to be applied that is the Criminal Code and the Law of Judicial Power. The enforcement of unlawful materiil law is based on the moral norm which is the source of the decency value not only the Indonesian nation but the world. The enforcement of the unlawful materiil law based on the moral norms open space for the harmonization of the regulation of the prohibition of pornography through internet. It is based on the understanding of pornography through the internet is an act that degrades human dignity.
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Komang Arya Ananta Setyawan, I. Nyoman Gede Sugiartha, and I. Made Minggu Widyantara. "Penyalahgunaan Perbincangan Interaktif dalam Aplikasi Sugar Live sebagai Media Komunikasi yang Bermuatan Tindak Pidana Pornografi (Studi Kasus Putusan Pn Semarapura No.48/Pid.B/2021/Pn Srp)." Jurnal Interpretasi Hukum 3, no. 1 (March 2, 2022): 143–47. http://dx.doi.org/10.22225/juinhum.3.1.4733.143-147.
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The Sugar Live app was found to contain many substances that ignore justice, combining cyberporn and porn via the web. The Indonesian government sets an umbrella that is explicitly related to pornography via the web. Thus, how is the regulation of the Information and Electronic Transactions Law (ITE) against the abuse of the Sugar Live application, especially how the sanctions are applied to the defendant in the misuse of the Sugar Live application media based on the Semarapura District Court Decision No.48/Pid.B/2021/ Pn Srp. This research aims to determine the legal umbrella that is explicitly related to pornography via the web and to determine the authority given to the plaintiff in the misuse of the Sugar Live application media. This study uses an empirical type of research using a juridical approach with the method of legislation in elaborating the problem with sources of legal materials such as legal umbrellas, textbooks and dictionaries then carried out with a hierarchical inventory technique. In view of the results of the examination that the misuse of the Sugar Live application has abused the legal umbrella that is explicitly related to pornography via the web and the litigants are sentenced to 1 (one) year in prison.
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Sopilko, Iryna, and Viktoriya Cherevatіuk. "CYBER SECURITY AND PERSONAL RIGHTS UNDER THE LEGISLATION OF UKRAINE." Journal of International Legal Communication 6 (September 27, 2022): 18–25. http://dx.doi.org/10.32612/uw.27201643.2022.6.pp.18-25.
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The aim of the article is to study the issue of achieving a balance between information protection in the cybersecurity system and freedom of expression in accordance with the position of the UN and the case law of the European Court of Human Rights. Research methods include the analysis of legislation on cybersecurity, generalization of legal information and cybersecurity practices. As a result, it was found out that in Ukraine the basic legal act on cyber security is the Law “On the basic principles of cyber security of Ukraine”. The preamble of this Law defines the legal and organizational basis for protection of vital interests of citizens, society and state, national interests of Ukraine in cyberspace, main goals, directions and principles of state policy in cybersecurity, authorities of state bodies, enterprises, institutions, organizations, individuals and citizens in this field, the basic principles of coordination of their activities to ensure cybersecurity. Ukraine has ratified the Council of Europe Convention on Cybercrime of 23 November 2001. The Convention states that the fight against cybercrime is dictated, in particular, by the need to protect legitimate interests in the use and development of information technology. In particular, the Convention identifies the following types of cybercrime: offenses against the confidentiality, integrity and availability of computer data and systems; computer-related offenses; offenses related to child pornography; offenses related to copyright and related rights infringement. Finally, legal regulation of cybersecurity in Ukraine is based on the requirements of striking a balance between information protection and freedom of expression, the position of the UN and the case law of the European Court of Human Rights.
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Yar, Majid. "Protecting children from internet pornography? A critical assessment of statutory age verification and its enforcement in the UK." Policing: An International Journal 43, no. 1 (November 15, 2019): 183–97. http://dx.doi.org/10.1108/pijpsm-07-2019-0108.
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Purpose The purpose of this paper is to critically assess the newly created regulatory and policing regime for age-restricting access to pornography in the UK. Design/methodology/approach It examines the pivotal legislation, policy and strategy documents, consultation submissions and interventions from a range of stakeholders such as children’s charities, content providers and privacy advocates. Findings Even before its implementation, the regulatory regime betrays serious flaws and shortcomings in its framing and configuration. These difficulties include its inability to significantly curtail minors’ access to online pornography and risks of privacy violations and associated harms to legitimate users’ interests. Research limitations/implications Remedial measures are available so as to address some of the problems identified. However, it is argued that ultimately the attempt to prohibit minors from accessing such content is set to fail, and that alternative approaches – such as better equipping children through education to cope with explicit materials online – need to be given greater prominence. Originality/value This paper provides the first criminological policy analysis of this latest attempt to regulate and police online behaviour, and offers an important critical response to such efforts.
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Bersenev, Evgeny Valer'evich, and Ruslan Sibagatullovich Khamidullin. "Identification and prevention of online video (webcam) crimes." Национальная безопасность / nota bene, no. 4 (April 2022): 25–39. http://dx.doi.org/10.7256/2454-0668.2022.4.37232.
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The article deals with the issues of both criminal and legal assessment of illegal activities related to the phenomenon of "webcam" and individual problems of identifying and documenting crimes in this sphere. The problems of qualification of criminal activity arising in the course of countering offenses related to this phenomenon are revealed. The peculiarities of conducting operational investigative measures aimed at uncovering the illegal activities of webcam studios (production and trafficking of pornographic materials, child pornography), and a special cluster of relations between subjects within the framework of modern Russian legislation are noted. The author pays special attention to the methodological training of law enforcement officers of the Russian Federation, as well as regular and effective interaction with the information systems of the national central bureaus of the International Criminal Police (Interpol). The novelty of the research lies in the fact that crimes arising in the sphere of limited regulation of the global Internet are a new trend in the transformation of the criminal world. The inability of the legislator and the law enforcement officer to predict the appearance and development of individual phenomena allowed the attackers to successfully build a "gray" webcam business industry. The phenomenon of "webcam" is a logical continuation of the development of public relations related to prostitution, the spread of pornography and sexual exploitation. The legalization of the webcam industry will create an ambiguous situation in which offenders will be able to disguise criminal activity as legitimate, which determines the relevance of the theoretical validity and practical implementation of effective regulatory tools for the activity in question. The improvement of the working methods of units engaged in operational investigative activities is a determining factor for solving the task. Based on the actual methods of committing crimes, the scientific work considers the features of documenting and qualifying the facts of illegal activity related to the phenomenon of Webcam.
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Melnychuk, V. "COMMERCIAL SEXUAL EXPLOITATION OF CHILDREN: INTERNATIONAL LAW." Bulletin of Taras Shevchenko National University of Kyiv. Social work, no. 3 (2018): 10–13. http://dx.doi.org/10.17721/2616-7786.2018/3-1/2.
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The article deals with the concept of commercial sexual exploitation of children. The forms of commercial sexual exploitation of children, among that there is child's prostitution, child's pornography, trading in children, child's sex-tourism, early marriage, are described. International documents, that regulate a legislation in relation to crimes, children related to commercial sexual exploitation, are considered. Work of ungovernmental organizations, that conduct active activity in relation to defence and help to the children that suffered from sexual violence, is described. It is noted that the fight against commercial sexual exploitation of children with sexual violence against children should be conducted, in addition to international, national and local levels. The principles of the legal principles and standards that should guide children's strategies and practices, including advocacy for the prevention of violence and measures to protect all children from all forms of violence are described. The economic, social and cultural rights that contain the provision according to which children should be protected from economic and social exploitation are indicated. It has been determined that commercial sexual exploitation of children is a violation of the rights of the child, which is considered as a subject of sex and the subject of trade; and includes sexual abuse of the child or exploitation of the child by an adult, as well as payment in cash or in kind. It has been established that the development of legislation and recognition of the problem of sexual exploitation and sexual abuse of children at the national and international levels will be an impetus in combating the commercial sexual exploitation of children. It has been stressed that commercial sexual exploitation of children in many countries is particularly dangerous criminal activity, violating the rights of the child.
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Kirama Nasim Manbi Ushama and Juriah binti Abdul Jalil. "MALAYSIA’S LEGAL RESPONSE TO TACKLING THE CRIME OF ONLINE CHILD PORNOGRAPHY." IIUM Law Journal 28, no. 1 (June 30, 2020): 165–95. http://dx.doi.org/10.31436/iiumlj.v28i1.449.
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Child pornography is not a novel crime. For many years, it has been a prevalent concern but since the availability of the internet, it has become more universal and pervasive, as cyberspace provides offenders with greater accessibility to victimize children. In response to this, numerous countries around the world, including Malaysia have implemented and enhanced regulations and policies to accord better protection to children from the crime. The aim of this paper is to highlight Malaysia’s legal response and its efficacy in repressing the crime of online child pornography. Accordingly, the paper uses a doctrinal approach with content analysis to consider four issues. Firstly, the international and regional legal frameworks addressing online child pornography will be explored. Secondly, the paper provides an overview of the increasing threat of the crime in Malaysia. Subsequently, the legislative intervention taken by the nation to curb the crime is analysed, accompanied by an assessment on whether the existing law is consistent with international conventions. The overall finding reveals that the Malaysian legal mechanism has been substantially reformed to safeguard children in the country from online child pornography, especially after the enactment of the Sexual Offences Against Children Act 2017.
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Dvořáková, Michaela. "Sexting and Revenge Pornography. Legislative and Social Dimensions of a Modern Digital Phenomenon. Phippen, A.; Brennan, M." Masaryk University Journal of Law and Technology 15, no. 1 (June 30, 2021): 141–49. http://dx.doi.org/10.5817/mujlt2021-1-6.
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Suriyanto, Suriyanto. "The Function of the Press Council in Supporting Legal Protection for Journalists to Actualise the Press Freedom." Journal of Politics and Law 13, no. 1 (February 29, 2020): 104. http://dx.doi.org/10.5539/jpl.v13n1p104.
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The Press Law established in 1999 as one of the main agenda for reform is a step forward in the effort to actualize press freedom, which is one of the important pillars in a democratic country. The Press Law introduces several things that are intended to strengthen press freedom as well as the quality of journalistic works. Among them are the participation of the community in supervising the press and the functions of the Press Council to receive complaints from the community and to establish and enforce the journalistic code of ethics with the press organization.
However, until now the efforts to continue criminalization against journalists in Indonesia. Law enforcers still do not have a unified view that is in accordance with the spirit of democracy to realize press freedom in Indonesia. This was mainly driven by the practice of state legislation that sets out other laws, such as the ITE Law and the Pornography Law after the Press Law which contains provisions that open multiple interpretations of the provisions of the Press Law. The role of the Press Council in legal protection for journalists has also not been seen and it is as if it has become a new institution that repressed journalists.
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Christianto, Hwian. "Revenge porn sebagai Kejahatan Kesusilaan Khusus: perspektif Sobural." Veritas et Justitia 3, no. 2 (December 26, 2017): 299–326. http://dx.doi.org/10.25123/vej.2682.
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Revenge porn is a new growing modus operandi of crime in society. Law enforcement still considers porn revenge as a pornographic crime in general as it is an activity of disseminating information that violates decency. Approach used by law enforcement in assessing revenge porn is still limited to formal juridical approach without considering the characteristics of porn revenge that substantive justice is not fulfilled. As part of a full understanding of porn revenge, a Criminological understanding of the Sobural approach is made. Two issues to be studied are (1) what is the significance of using the Sobural approach? And (2) Is revenge porn a decency crime based on the Sobural approach? Empirical juridical research method is used in this study by basing on a primer in the form of legislation supported by criminal law theory related to revenge porn. Exposure from primary data is associated with secondary data in the form of Judge Judgment to see understanding of defeating of revenge porn by a judge. The results of the study show that criminological understanding of porn revenge provides a very significant different approach in criminal law. Revenge porn is judged by the context of the community in which the perpetrators and acts of revenge porn are performed. Sobural (Social, Cultural and Structural) approach affirms contextual assessment of porn revenge based on social values, cultural values and structural factors of society. The approach of these three elements has a close correlation with the moral norms as the measure of defamation of crime of pornography as a decency crime. The integration of the Sobural approach to the understanding of moral norms in assessing porn revenge will provide an opportunity for the enforcement of living laws in society.
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Jang, Woojung, and Juchan Kim. "A Study on The Legislative Trend and the Issue for Accepting of the Criminal Law in Deepfake Pornography." Korean Juvenile Protection Review 33, no. 2 (December 31, 2020): 273–306. http://dx.doi.org/10.35930/kjpr.33.2.9.
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Dauda, Carol, and Danielle McNabb. "Getting to Proportionality: The Trouble with Sentencing for Possession of Child Pornography in Ontario." Windsor Yearbook of Access to Justice 37, no. 1 (May 16, 2022): 278–311. http://dx.doi.org/10.22329/wyaj.v37i1.7198.
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In this article we examine sentencing in 14 Ontario cases of possession of child pornography between 2007 and 2017 with the purpose of understanding the sentencing process in relation to the fundamental principle of proportionality and other principles employed to arrive at a fair, individualizing process as set out in Canadian sentencing law. In all cases the offenders are charged with possession only and have no prior offences. We situate these cases within the context of sentencing reform in general and child pornography law specifically, including the evolution of mandatory minimums, as they have evolved in both legislation and case law. Our cases cover two periods of mandatory minimums, 45 days and six months. Although we consider numerical sentences, probation and ancillary conditions awarded when examining our cases, we are interested in the process of determining the sentencing components. We analyse this process in two ways: by observing the judicial reasoning in calculating the seriousness of the crime and the blameworthiness of the offender and the balancing of other purposes and principles, particularly rehabilitation and parity; and, by considering three pairings of cases, each with similar quantity and quality of images, to compare the calculation of risk and its effect on determining the blameworthiness of the particular offender. Our findings reveal a polarization in judicial reasoning between a punitive process in which overemphasis of denunciation and deterrence and extreme versions of the reasoned apprehension of harm add weight to the seriousness of the crime on a par with contact abuse, and a more tempered and restrained one in which possession is considered on its own and other purposes and principles are weighed, such as rehabilitation and parity, to arrive at a more individualizing process. Mandatory minimums are no constraint as sentencing is much lengthier, especially under the 45-day mandatory minimum. In pairing like cases in terms of collections of images and videos we find a very subjective process in the calculating of risk in which like offenders are treated differently in terms of assessments of blameworthiness, based on questionable forensic methods and assumptions. Finally, we note the resources involved in investigative time, incarceration and the supervising of probation as well as lengthy ancillary conditions that may last decades after sentencing.
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Zulhidayat, Muhammad. "CYBERPORN ANALYSIS IN THE PERSPECTIVE OF THE IUS CONSTITUTUM IN INDONESIA." Jurnal Hukum Replik 8, no. 1 (August 29, 2020): 70. http://dx.doi.org/10.31000/jhr.v8i1.3018.
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Technology and the internet continue to experience extraordinary developments. The progress of the internet has brought a lot of positive progress towards a country. However, the internet can also negatively affect a nation. Many new crimes arise with the development of technology and the internet, one of which is cyberporn crime. In simple terms, cyberporn is also called the sin of pornography by using the internet as a crime tool. Based on the facts that we have found to date, cyberporn crimes continue to increase. This is a result of technological and internet developments that are not used well. The research in this paper uses a normative juridical approach. The research in this paper uses a prescriptive legal approach. The formulation of the problem is how is the regulation of cyberporn crimes a positive law in Indonesia? This research concludes that a constitutional renewal is needed with this cyberporn crime. Because the existing legislation cannot punish the perpetrators of cyberporn crimes. Then, the suggestions in this research include the House of Representatives (DPR) to formulate a law that explicitly regulates the problem of cyberporn crime.Keywords: crime, cyberporn, ius constititum
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Galyashina, Elena I., and Vladimir D. Nikishin. "The Concepts of Aggressive Information Impact through the Lens of Internet Users’ Worldview Security." Journal of Siberian Federal University. Humanities & Social Sciences 14, no. 11 (November 2021): 1660–73. http://dx.doi.org/10.17516/1997-1370-0848.
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This article is devoted to the forensic analysis of the factors (cyberthreats) determining a negative information impact on recipients’ worldview in the Internet environment (changes in values, emotional perceptions, and expressions of will, etc.). Findings are founded on the concepts of deviant and delinquent speech behavior, the authors also outline definitions of criminogenic, aggressive, destructive, harmful, conflictogenic, and discrediting (defamatory) information and define the semantic field ‘destructiveness of information impact’. The research is based on an interdisciplinary legal and linguistic approach and uses methodology of information law (cyberlaw) and forensic speech science (forensic linguistics) for integral examination of aggressive information products (that are threatening worldview security of Internet communication) in several ways: 1) as speech actions related to law violations (verbal components that reflect actus reus of crimes, administrative offences, and civil torts); 2) as a result of communication activity; 3) as a source of forensically valuable information. The article covers such worldview security threats as defamation; libel; insult; propaganda of drugs, pornography, gambling, violence and cruelty, murder, autodestructiveness (including suicide), extremism (including terrorism); cyberbullicide; cybersuicide; cybergrooming; sexting; sex blackmail; doxing; outing; faking; astroturfing; cybertrolling; flaming; cyberbullying; cybermobbing; harassment; impersonation; exclusion (ostracism); stigmatization; cyberstalking; threats; hating; ‘happy slapping’, etc. The authors formulated the list of offenses, entailing the commitment of criminogenic and conflictogenic speech actions (in accordance with the current Russian civil, administrative and criminal legislation), as well as the list of types of information prohibited or restricted in distribution as harmful to the health and development of children (according to the current Russian legislation) are of urgent applied significance
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Oshanova, O. "LEGISLATIVE REGULATION OF INTERNET SPACE IN KAZAKHSTAN: PROBLEMS AND SOLUTIONS." BULLETIN Series of Philological Sciences 71, no. 1 (April 23, 2020): 676–83. http://dx.doi.org/10.51889/2020-1.1728-7804.114.
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In the article raises the actual issue of legal regulation of the Kazakhstan Internet space. The author examines the issues of combining the methods of legal regulation and self-regulation on the Internet.Prospects of soft law in the international regulation of the Internet, in countries such as the United States, Britain and Russia are assessed from different points of view. Especially the author draws attention to such topics as terrorism, pornography and encroachment on the honor and dignity of citizens.The relevance of this topic is expressed in the fact that, the Internet is still not sufficiently regulated from the legal point of view. The constant increase in the number of subscribers and the growing importance of information exchange through the Network attract the public's attention to the problems of regulation, the development of rules for the fair, legitimate functioning of the Internet by the state. Internet legislation is a set of laws, other normative acts (national and foreign states) which are regulating relations in the virtual space of the Internet. As an Internet relationship is considered only those relations that are connected with the social and legal regulation of the virtual space that is with the regulation of this space on the basis of the norms of law, morals, ethics and other means.The main problems of legal regulation are related to the order and conditions of the use of telecommunications networks and protection of the rights and legitimate interests of various entities during the transfer of information in global computer networks. There is a need to develop an adequate national legislation with all modern requirements, moreover in existing laws on the legal regulation of the Internet space in Kazakhstan prescribed severe penalties, and they haven’t an alternative solutions. This issue causes criticism of both among professional journalists and among the public.At present, the domestic information legislation of Kazakhstan and other countries are very extensive. However, it is still far from perfect and requires working out and adoption of new acts.
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Madasari, Okky. "Shall We Dance? Defining Sexuality and Controlling the Body in Contemporary Indonesia." Religions 12, no. 4 (April 9, 2021): 264. http://dx.doi.org/10.3390/rel12040264.
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This article examines how Indonesia, the world’s third-largest democracy, came to define sexuality for its general population once intimacy was brought into the public sphere. However, its Islamic version had predominantly been based on interpretations pushed by politically hardline Islamist groups. The influence of this lobby (to be referred to as belonging to the stream of ‘conservative Islam’) grew steadily after the downfall of the Suharto regime in 1998 and culminated in the passage of an antipornography law ten years later. Focusing on the definitions of sexuality and pornography forwarded by these groups, this article analyses their limitations as well as the power contestations behind the passage of the antipornography legislation. It argues that such narrow interpretations of sexuality have had a marked impact on the nation, in particular the curtailment of its popular culture and creative industry. This has resulted in the arbitrary persecution and banning of cultural products considered to violate Islamic morality and propriety. The condemnation of dangdut singer Inul Daratista, and her ‘drill dance’, is one of many examples of such suppression.
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Mkrtchian, Sona. "Property Crimes in the Blockchain Sphere: New Criminal Schemes and Their Criminal Law Assessment." Russian Journal of Criminology 14, no. 6 (December 30, 2020): 845–54. http://dx.doi.org/10.17150/2500-4255.2020.14(6).845-854.
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The sphere of blockchain and circulation of cryptocurrency should be recognized as one of the most dynamically developing branches of economy, and this claim is further supported by its unique features, such as the de-centralized character of the net, the anonymity of users and their actions, the inability to recall or reverse the transaction, and a high volatility of virtual currencies. These characteristics made the blockchain technology attractive not only for law-abiding individuals, but also for criminals. For a long time most legal scholars in Russia and abroad viewed the sphere of blockchain as the sphere of criminal actions connected with illegal trade in goods, services or materials, whose circulation is limited or forbidden (narcotic substances, arms, pornography, etc.), and with laundering of illegal gains or financing terrorism. Current global trends in combating cybercrime leave no doubt that the ideas of the invulnerability of the blockchain net to unsanctioned access through the modifications of codes, the use of malware, the invulnerability to thefts or other property crimes against users or the third party are rather utopian. The legislative practice of recent years shows that these trends have not yet been recognized in our country. The research presented in this article consisted in the analysis of property crimes in the sphere of blockchain that are most common in the global virtual space, including in its Russian segment. The author describes the options for the qualification of such criminal actions provided by the current legislation and used in Russian court practice. The author also identifies the cases when the texts of some Articles of the Criminal Code of the Russian Federation do not match the level of public danger and the essence of criminal infringements against property committed with the use of information technologies, including the sphere of blockchain. A number of suggestions on improving the texts of Art. 158, 159.6, 165, 272 and 273 of the CC of the RF are presented.
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Puspasari, Ratih Mega. "Reconstruction of Criminal Sanctions On Actors Of Online Prostitution Based On Justice Value." Law Development Journal 1, no. 1 (July 30, 2019): 32. http://dx.doi.org/10.30659/ldj.1.1.32-38.
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Cybercrime is one shape is one of the dark side of technological progress. One form of crime in the area of cybercrime that is online prostitution. In the positive law in Indonesia only prohibits those helping and providing illegal sexual services, meaning that the prohibition only given to pimps, brokers, and prostitutes while users of commercial sex itself is absolutely no chapters that govern them. The purpose of this study to find out the settings in Indonesian positive law against online prostitution service users and to determine judicial review against online prostitution service users based on the positive law in Indonesia. Research conducted in this thesis is a normative legal research. This study used the approach of legislation and the comparative approach. Legal materials used are the primary legal materials, secondary and tertiary. Further legal material collection techniques in this research is literature study, then do a normative analysis of qualitative and describe it in the form of research. The survey results revealed that the arrangement of positive law in Indonesia to service users are not yet effective in the trap and tackling online prostitution, because it did not regulate the service users in an online prostitution a criminal offense. Overview jurisdiction over the online prostitution by No. 11 of 2008 on Information and Electronic Transactions and Act No. 44 Of 2008 on Pornography does not mention the provisions on service users online prostitution in particular, so that the two laws even this can’t ensnare the service user online prostitution.Keywords: Reconstruction; Criminal Sanctions; Online Prostitution; Justice.
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Khasanah, Uswatun. "Perempuan dalam Pusaran Prostitusi: Kajian Yuridis Normatif dalam Fenomena Prostitusi Online di Indonesia." MUWAZAH 11, no. 1 (June 4, 2019): 41. http://dx.doi.org/10.28918/muwazah.v11i1.1890.
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This paper examines prostitution which in practice has always been identified with women. Prostitution is a social problem that is passed down from time to time with various modes that always develop along with the development of lifestyle and technology. The focus of this study is how is the normative juridical review of the issue of women and prostitution? The method used in this article is the library study method. Through a normative juridical approach, the author will examine the issue of prostitution based on the main legal material, namely to see the arguments originating from the Qur'an and hadith, as well as legislation in force in Indonesia. In the final section the author tries to present a solution to stem the practice of prostitution. In this study it was found that prostitution in Indonesia has existed since the kingdom era, continued during the Dutch and Japanese colonies. Prostitution is a crime that is contrary to Islamic law and legislation in Indonesia. Surat an-Nur (24): 30-33 strictly prohibits the practice of prostitution. This ban applies to anyone not only to women who are prostitutes. Juridically normative legislation in Indonesia concerning prostitution is article 296, 506 of the KUHP, UU No. 11 of 2008 concerning Information and Electronic Transactions, UU No. 44 of 2008 concerning Pornography, UU No. 21 of 2007 concerning Eradication of Criminal Acts on Trafficking in Persons and UU No. 23 of 2003 concerning Child Protection. Efforts to stem the main prostitution began with the family. Optimizing the role of parents -both father, mother and teacher as an extension of their parents' hand- can be a solution in an effort to improve children's moral resilience, which in turn can stem a variety of negative behaviors that conflict with norms and religion, including prostitution.
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Walden, Ian. "Harmonising Computer Crime Laws in Europe." European Journal of Crime, Criminal Law and Criminal Justice 12, no. 4 (2004): 321–36. http://dx.doi.org/10.1163/1571817042523095.
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AbstractAs the ‘Information Society’ emerges, the European economy and its citizens have become dependent on computers and communication networks. However, with the ravages of the viruses MyDoom and MS Blaster still being felt around the world, the vulnerability of computer systems and networks to criminal crime, as well as potentially terrorist activity, is still fresh in our minds. There is no agreed definition of what constitutes a ‘computer crime’. A computer may constitute the instrument of the crime, such as in murder and fraud; the object of the crime, such as the theft of processor chips; or the subject of the crime, such as ‘hacking’ or ‘cracking’. The involvement of computers may challenge traditional criminal concepts, such as fraud, as well as facilitating particular types of crime, such as child pornography. This article is concerned with the computer as the subject of the crime and with laws that have been established to specifically address activities that attack the integrity of computer and communications networks, such as the distribution of computer viruses. This article examines various initiatives to harmonise substantive criminal law to address the threat of computer integrity crimes, focusing specifically on a draft Council Framework Decision on ‘attacks against information systems’. Consideration is given to the impact the Decision may have when transposed into UK law, through an amendment of existing legislation, the Computer Misuse Act 1990.
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Rovneyko, V. V., and A. V. Kayshev. "PROBLEMS OF APPLYING OBJECTIVE SIGNS OF THE CORPUS DELICTI PROVIDED FOR IN ARTICLE 242 OF THE CRIMINAL CODE OF THE RUSSIAN FEDERATION." Bulletin of Udmurt University. Series Economics and Law 31, no. 6 (December 3, 2021): 1122–30. http://dx.doi.org/10.35634/2412-9593-2021-31-6-1122-1130.
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The article comments on the criminal legislation of Russia, which provides for liability for the illegal production and trafficking of pornographic materials or objects and the practice of its application. Recently, illegal production and trafficking of pornographic materials and objects (Obscene Publications), as a type of criminal activity, have acquired a qualitatively new look. It can be explained by the trend towards an annual increase in registered IT crimes (committed using information and telecommunications networks (including Internet)). The use of such means significantly complicates law enforcement, primarily in connection with the criminal legal assessment and qualification of such acts. In article there are analyzes the objective features (actus reus) of the corpus delicti that determines the basis of criminal liability for the illegal production and trafficking of pornographic materials or objects. One of the problematic situations, according to the authors, is considered, related to the practice of applying Article 242 of the Criminal Code of the Russian Federation. The authors' conclusions are based on the analysis of the provisions of the current criminal legislation of the Russian Federation and the practice of its application. The rules of international treaties were considered, as well as the practice of applying the rules of civil and administrative law, including those related to the concepts of “publicity” and “indefinite range of persons”, were considered.
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Dupagne, Michel. "Regulation of Sexually Explicit Videotex Services in France." Journalism Quarterly 71, no. 1 (March 1994): 121–34. http://dx.doi.org/10.1177/107769909407100112.
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In the mid 1980s, concern arose over the rise of sexually explicit services on the French videotex system. In examining the legal implications of these messageries roses, this article reviews how French courts applied criminal law to penalize providers of allegedly pornographic message services. Although the Tribunal correctionnel de Paris relied on statutory law to resolve the Néron case, it refused to extend existing print and audiovisual media laws to cover videotex, based on a judicial precedent against the applicability of press legislation to broadcasting. In July 1991, the Court of Appeals of Amiens condemned three messagerie rose managers as accomplices of users who had produced pornographic announcements because they had intentionally permitted these actions to occur by providing users the means to publicize messages encouraging debauchery.
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Pratama, I. Gede Yoga, Anak Agung Sagung Laksmi Dewi, and I. Made Minggu Widyantara. "Kriminalisasi Terhadap Pekerja Seks Komersial Melalui Online dalam Pembaharuan Hukum Pidana." Jurnal Preferensi Hukum 2, no. 3 (October 31, 2021): 594–98. http://dx.doi.org/10.22225/jph.2.3.4022.594-598.
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Prostitution is behavior that is openly subject to adultery without any marriage bond. Nowadays prostitution is easy to find on various social media. Commercial-related regulations have been regulated in the Criminal Code, Law no. 19 of 2016 concerning Information and Electronic Transactions, Law no. 44 of 2008 concerning Pornography, Law no. 21 of 2007 concerning the Crime of Human Trafficking. This study aimed to examine the criminal law regulation of online sex workers according to positive law and uncover criminal sanctions against online sex workers in the future. This study was designed using normative legal research, with a Legislative approach. The legal materials used were primary legal materials and secondary legal materials. Data were collected using documentation study techniques and literature studies, then analyzed using systematic interpretation techniques. The results of the study indicated that sanctions for pimps are regulated in the Criminal Code, Law no. 21/2007, Law no. 44/2008, and Law no. 19/2016, and only article 284 of the Criminal Code concerning adultery that can ensnare prostitutes and customers if they have a family, and criminal sanctions for commercial sex workers in the future are contained in articles 425 to 428 of the Draft Criminal Code.
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Abdul Shukor, Syahirah, and Noor Dzuhaidah Osman. "SEXTING AMONG CHILDREN: DIFFERENCES IN LAW BETWEEN MALAYSIAN, ENGLISH, AND AMERICAN LAWS." Special Issue 1, Year 2022 12, S1 (June 17, 2022): 39–53. http://dx.doi.org/10.47836/ajac.12.s1.04.
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The recent case of Sugarbook has sparked concerns among the public who are worried about young girls using applications on the Internet. Risky behaviors and worrying trends make online Internet users vulnerable to danger. Risky behaviors exhibited by youth such as distributing sexually explicit images and sharing sexually provocative photographs will not only expose them to danger but also be regarded as contravening the laws. There are also reported cases of revenge pornography among teenagers in local media. Despite the lack of research on this new trend of communication among children and young people in Malaysia, daily local newspapers have released worrying news of how relationships built on the Internet can turn into tragedies for innocent young people, especially teenagers and children. This paper discusses the possible meaning of sexting, the current laws, and the reported cases on sexting, particularly those captured in Malaysian media. This paper used secondary data and information gathered from articles in refereed journals to understand the legal differences between Malaysia and other jurisdictions, namely the USA and the UK. This paper suggests that besides the importance of educating youth to create legal awareness regarding proper use of the Internet, there is an urgent need to revisit the relevant legislations and practices on the governance of sexting in order to protect children and teenagers.
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Thilak, Vasuda Rao. "Protection of Children from Offences of Sexual Assault, Sexual Harassment and Pornography: A Law Enforcement View and Review." IRA-International Journal of Management & Social Sciences (ISSN 2455-2267) 7, no. 2 (June 10, 2017): 333. http://dx.doi.org/10.21013/jmss.v7.n2.p25.
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<div><p><em>‘Neutrality helps the oppressor, never the victim’ is a famous quote of the Nobel laureate Elie Wisel. Although children have been maltreated in the course of our entire history, since they have no knowledge of the wrong and the right, hence ‘interest theory’ of jurisprudence remains true.<a title="" href="file:///C:/Users/Alan/Google%20Drive/IRA%20MAY%202017%20Issues%20(1)/JMSS/Formatted%20papers/Paper%2025.docx#_ftn1"><strong>[1]</strong></a> Child abuse and neglect are serious global issues and can be physical, sexual or psychological. Many research studies have shown that children under the age group of 5-12 are at a higher risk of suffering from child abuse and neglect. The statistical analysis says that 40 million children become victims of child abuse all over the globe and 1,850 die due to extensive abuse and lack of affection and attention. An attempt has been made to differentiate the types of abuses and neglect, the signs and symptoms, the impact of the trauma on the well-being of the child. Drawing inferences from previous research works on the global issues, the paper has been prepared on the national context as the child sexual abuse is an under-reported offence in India. The study conducted by the Government of India in 2015 estimates the burden of sexual abuse which revealed shocking results and showed that every second child in the country was abused; among them, 52.94 per cent were boys and 47.06 per cent were girls. Highest sexual abuse was reported in Assam (52.27%) followed by Delhi (41%), Andhra Pradesh (33.87%) and Bihar (33.27%).<a title="" href="file:///C:/Users/Alan/Google%20Drive/IRA%20MAY%202017%20Issues%20(1)/JMSS/Formatted%20papers/Paper%2025.docx#_ftn2"><strong>[2]</strong></a> There is a causal connection between child abuse and pornography; specifically child pornography depraves and corrupts the young minds which pose more danger to the child abuse. However, arguments frequently presented to defend pornography; such dichotomy stands between law and morality. The research paper tries to review the above issues focusing on recent legislations and views of policy makers in this regard.</em></p></div><div><br clear="all" /><hr align="left" size="1" width="33%" /><div><p><a title="" href="file:///C:/Users/Alan/Google%20Drive/IRA%20MAY%202017%20Issues%20(1)/JMSS/Formatted%20papers/Paper%2025.docx#_ftnref1">[1]</a>Padmaja K., Child Interests- Socio Legal Perspectives, A Amicus books, First Edi., The ICFAI University Press, 2007, pp. 4-27</p></div><div><p><a title="" href="file:///C:/Users/Alan/Google%20Drive/IRA%20MAY%202017%20Issues%20(1)/JMSS/Formatted%20papers/Paper%2025.docx#_ftnref2">[2]</a> Tamuli RP Paul B Mahanta P. A statistical analysis of sexual assault-a retrospective study. <em>J Punjab Acad Forensic Med Toxicol </em>2013;13(1):7-13<strong></strong></p><p> </p></div></div>
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Korassa Sonbai, Alexander Imanuel. "Kebijakan Formulasi Pertanggungjawaban Pidana Pengguna Jasa Prostitusi Melalui Media Online." Acta Comitas 4, no. 2 (July 21, 2019): 271. http://dx.doi.org/10.24843/ac.2019.v04.i02.p10.
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The phenomenon of online prostitution became a hot issue in Indonesia. Online Prostitution Article 27 paragraph (1) Jo. Article 45 paragraph (1) of the ITE Law, Article 296 of the Criminal Code, Article 506 of the Criminal Code, Article 2 paragraph (1) of Law No. 21 of 2007 concerning Eradication of Crime in Trafficking in Persons, and Article 30 Jo. Article 4 paragraph (2) Law No. 44 of 2008 concerning Pornography. However, in the article has not set explicitly against online prostitution service users. The aim of this study was to elaborate on the user settings prostitution service through online media and forms of criminal responsibility prostitution service users through online media. The method used is a normative legal research. This type of approach is used, among others: statue approach, conceptual approach, and comparative approach. The results of the study indicate that the formulation policy criminal liability for online prostitution service users has not yet been regulated in Indonesian legislation, from the results of a comparison with Sweden (Sex Purchase Act) also regulates the criminal liability of users of online prostitution services and should the rules in the future refer to Swedish law (sex purchase act).
Fenomena prostitusi online menjadi suatu isu hangat di Indonesia. Prostitusi online Pasal 27 ayat (1) Jo. Pasal 45 ayat (1) UU ITE, Pasal 296 KUHP, Pasal 506 KUHP, Pasal 2 ayat (1) UU No. 21 tahun 2007 tentang Pemberantasan Tindak Pidana Perdagangan Orang, dan Pasal 30 Jo. Pasal 4 ayat (2) UU No. 44 tahun 2008 tentang Pornografi. Namun, dalam pasal tersebut belum mengatur secara eksplisit terhadap pengguna jasa prostitusi online. Tujuan studi ini ialah untuk mengelaborasi pengaturan pengguna jasa prostitusi melalui media online dan bentuk pertanggungjawaban pidana pengguna jasa prostitusi melalui media online. Metode penelitian yang digunakan adalah penelitian hukum normatif. Jenis pendekatan yang digunakan antara lain: pendekatan perundang-undangan, pendekatan konseptual, dan pendekatan perbandingan. Hasil studi menunjukkan bahwa kebijakan formulasi pertanggungjawaban pidana pengguna jasa prostitusi online saat ini belum di atur dalam peraturan perundang-undangan Indonesia, dari hasil perbandingan dengan Swedia (Sex Purchase Act) mengatur juga pertanggungjawaban pidana pengguna jasa prostitusi online dan sebaiknya aturan di masa mendatang mengacu pada hukum swedia (sex purchase act)
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ARHIPTSEV, IVAN, ALEXANDER ALEKSANDROV, ALEXANDER MAKSIMENKO, and KIRILL OZEROV. "PORNOGRAPHIC DEEPFAKE: FICTION OR VIRTUAL REALITY?" Sociopolitical Sciences 11, no. 1 (February 28, 2021): 69–74. http://dx.doi.org/10.33693/2223-0093-2021-11-1-69-74.
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Nowadays, information technologies are developing every year with faster and faster and have almost become an integral part of our daily life. The development of the information technology, of course, carries such positive aspects as the improving of communication between people, the possibility of receiving a distance education, the use of information technology by the government agencies and business, and etc. At the same time, the information technologies like everything new and good can become an object for their use for criminal purposes. One of such a technology, which will be discussed in this article, is called a deepfake and, as its separate kind, a pornographic deepfake. The authors propose a solution to the problem of pornographic deepfakes at the level of the criminal legislation of the Russian Federation, since at present the Criminal code does not provide for responsibility for their creation and distribution. In particular, the authors formulate the proposals to the domestic legislator to make appropriate changes to Art. 137 and Art. 242 of the Criminal Code of the Russian Federation, where the notion of a pornographic deepfake would be revealed in a note of the latter. In initially, it is considered the legal aspect of the pornographic deepfake as a phenomenon of modern digitalization and informatization of the society and the use of new methods for creating a virtual reality of objects harmful to humans: photo, video, and audio information. The results of the research can be used in further researches on this topic as well as in improving the legislation and law enforcement activities not only in the Russian Federation, but also in other foreign countries.
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Wirya Darma, I. Made. "The Penal Policy Formulation in Cyberporn Crime Countermeasures." Jurnal Magister Hukum Udayana (Udayana Master Law Journal) 10, no. 1 (April 9, 2021): 26. http://dx.doi.org/10.24843/jmhu.2021.v10.i01.p03.
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Criminal law reform must refer to the penal policy. The penal policy can be interpreted as holding a selection to achieve the best results of criminal legislation that meets the requirements of justice and effectiveness. Penal policy in the eradication of cyberporn is always associated with the advancement of technology that can not be separated from the development of the society that utilizes internet technology in various fields both in the fields of education, offices, and companies and so on. Through crime countermeasures policies using penal means, the existence of a law is obviously expected to further enhance the repressive function of criminal law. One of the efforts to tackle cyberporn crimes through the penal means is to apply the provisions of applicable laws such as the Criminal Code, Law Number 40 of 1999 concerning the Press, Law Number 32 of 2002 concerning Broadcasting, Law Number 19 of 2016 concerning Information and Electronic Transactions, Law Number 33 of 2009 concerning Film. However, apparently, the law still has limitations to compensate for the increasingly rapid development of cyberporn, including the provision of unclear pornographic restrictions. Therefore it is necessary to have a revision in Indonesian criminal law, especially against the Criminal Code which is a product of the legacy of the Dutch colonial era.
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Eleanora, Fransiska Novita. "Madani Community and Criminal Action on Children's Online Prostitution in Social Media." Jurnal Magister Hukum Udayana (Udayana Master Law Journal) 8, no. 4 (December 31, 2019): 449. http://dx.doi.org/10.24843/jmhu.2019.v08.i04.p01.
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Rampant and rampant crime against children on social media, resulting in increasingly restless and worried every parent, especially trafficking child prostitution, and carried out using the internet media. This online prostitution also spreads the contents of child pornography, whether done by the perpetrators themselves, a group of people or even corporations. The aim is to find out how to deal with civil society in dealing with child crimes through online prostitution, the ways that civil society do in eradicating crimes or criminal acts that occur in the environment or civil society life so that they are always vigilant, cautious and not easily trapped in criminal acts or crimes that occur in social medial that is by using social media namely through the internet, or facebook, instagram and so forth. While the research method used is normative research that is by examining and processing theories or in existing concepts and regulations and even legislation that is considered relevant and related to this research, in this case cannot be separated by using books or literature which exists. The results of this finding are various mitigation efforts that can be carried out by civil society in responding to criminal acts related to online prostitution of children, namely by carrying out various measures which are also called preventive, repressive, persuasive, curative and rehabilitation, considered to be able to reduce prostitution crime. existing children on social media, accompanied by a mindset which is advanced modern and supervision from the community and law enforcement which exist.
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Wheeler, Duncan. "Las relaciones trilaterales entre la legislación sobre la violencia de género, la pornografía y el cine español / Trilateral Relations: Gender-Based Violence Legislation, Pornography and Spanish Cinema." Secuencias 42, no. 2015 (2016): 101–26. http://dx.doi.org/10.15366/secuencias2016.42.005.
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Goldschmidt, Paul W. "Legislation on pornography in Russia." Europe-Asia Studies 47, no. 6 (September 1995): 909–22. http://dx.doi.org/10.1080/09668139508412297.
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Maihasni, Maihasni, Fachrina Fachrina, and Nini Anggraini. "SOCIAL PRACTICE OF SEXUAL VIOLENCE IN SOCIETY (CASE STUDY IN PADANG CITY)." Jurnal Ilmu Sosial Mamangan 11, no. 2 (December 1, 2022): 117–26. http://dx.doi.org/10.22202/mamangan.v11i2.6017.
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There is not a day without sexual violence to children in mass media. Some people think that Indonesia has emergency case of sexual violence. Padang city is belong to this phenomena, such as 5 students of elementary school were victims of sexual harassment by a sports teacher, sexual harassment in public transportation, sodomy of 3 students, rape of a disabled woman by her brother-in-law, and rape by her stepfather, parking attendant and employer. The worst case is a sexual harassment by legislative candidate in 2018 and 2 bilogical children by their father in 2020. Government and non-Governmental institutions have been doing many efforts to prevent and cope of sexual violence. However, cases still happen. For this reason, the study tried to analyze why sexual violence still occurs even though various efforts have been made. The study used a qualitative approach with a descriptive type. The selection of informants used purposive sampling. Data collection used depth interviews and literature review. The results found that sexual violence occurs in girls under the age of 12 years. The actors are dominated by the closest people such as father, siblings, uncles, teachers, neighbors and a official. The encourage factors of sexual violence in the community are related to the mentality of the perpetrator, powerlessness of the victim, lack of communication and social control of parents, lack of religious knowledge, pornography and poverty. Meanwhile, the disencourage factors of sexual violence itself, such as; sex education, doing positive activities, social control and sanctions and severe punishment for perpetrator.
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Davies, Alex. "A Liberal Anti-Porn Feminism?" Social Theory and Practice 44, no. 1 (2018): 21–48. http://dx.doi.org/10.5840/soctheorpract2017112027.
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In the 1980s and 1990s, attempts were made to create U.S. legislation that would make it possible to sue the makers and distributors of pornography for doing so. One defence of such legislation was and is the free speech argument against pornography. Philosophers Rae Langton, Jennifer Hornsby, and Caroline West have supposed that this argument can function as a liberal defence of the legislation: in particular, a defence based on the value of women’s liberty. I argue that the free speech argument cannot be so used. The legislation is, to some extent, self-defeating insofar as it is understood in terms acceptable to a fairly standard kind of liberal. This becomes apparent when we consider the value pornography can have for women, which we can see if we consider what female makers, distributors, and consumers of pornography have to say about why they make, distribute, and consume it.
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Smith, Robert Brian. "Cybercrime in ASEAN: Anti-Child Pornography Legislation." Journal of Indonesian Legal Studies 5, no. 2 (November 1, 2020): 277–94. http://dx.doi.org/10.15294/jils.v5i2.37931.
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Child pornography is one of the most pernicious crimes amongst the various forms of cybercrime. Offensive materials can be quickly disseminated over the internet with no respect for international borders. ASEAN leaders undertook at their 31st ASEAN Summit to prevent and tackle cybercrime including harmonising their laws. This paper is based on an analysis of the cybercrime legislation of all ten ASEAN countries to determine how the offence of child pornography is covered in their legislation. As the offence has extra-territorial consequences the analysis includes a discussion of the extraterritorial reach of the legislation. It was found that most of the jurisdictions have specific statutes or specific articles in their Criminal Codes concerning the crime of child pornography. They do not necessarily refer to cybercrime or computer-related crime. Mutual cooperation is essential in combating cybercrime as is legislation that clearly defines the offence and is agreed across all jurisdictions. The paper analyses the current status of harmonization of laws in ASEAN and discusses a possible way forward in the harmonization of anti-child pornography legislation across ASEAN.