Journal article
Exploring virtual child sexual abuse material law: When creativity is criminalised
Media and Arts Law Review, Vol.24(4), pp.255-275
2022
Abstract
Child sexual abuse material (‘CSAM’) is a growing global problem and law in Australia has evolved to criminalise content that represents CSAM in any form. Technological development has facilitated a new trend of virtual CSAM (‘VCSAM’), presenting unique challenges to legislators, law enforcement, courts and the community. The fact that some VCSAM does not depict actual children has informed divergent opinions about the harmfulness of such material, given its entirely fictional nature. This complexity has led to a disparate global approach to the criminalisation of VCSAM. While legislation in all Australian jurisdictions criminalises VCSAM, there are troubling inconsistencies in the regulation of this phenomenon. This article aims to analyse how existing VCSAM regulation in Australia fails to respond to the complexities of creative material, produces grey areas where creative material could inadvertently be classified as VCSAM, and fails, at times, to address the harms of VCSAM.
Details
- Title
- Exploring virtual child sexual abuse material law: When creativity is criminalised
- Authors
- Dominique Moritz (Author) - University of the Sunshine Coast, Queensland, School of Law and SocietyAshley Pearson (Author) - University of the Sunshine Coast, Queensland, School of Law and SocietyLarissa S Christensen (Author) - Sexual Violence Research and Prevention Unit
- Publication details
- Media and Arts Law Review, Vol.24(4), pp.255-275
- Publisher
- LexisNexis Butterworths
- Date published
- 2022
- Organisation Unit
- School of Law and Society; University of the Sunshine Coast, Queensland; Sexual Violence Research and Prevention Unit
- Language
- English
- Record Identifier
- 99706098102621
- Output Type
- Journal article
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