1st Edition

The Regulation of Internet Pornography
Issues and Challenges





ISBN 9780367583491
Published June 29, 2020 by Routledge
234 Pages

USD $47.95

Prices & shipping based on shipping country


Preview

Book Description

The regulation of pornography has always been a contentious issue, which has sparked wide-ranging debates surrounding the acceptability and place of pornography in society. The use of the internet to distribute and access pornography has magnified this debate and has presented a number of challenges for the law in terms of effective and proportionate regulation. Following unsuccessful attempts by states to transpose traditional laws to cyberspace, a new and radical regulatory framework eventually evolved for regulating internet pornography. In this process, the focus of the law has changed from merely controlling the publication and distribution of obscene material to a model that aims to deter private consumption of illegal content. In addition, various self- and co-regulatory initiatives have been introduced with the involvement of non-state actors, imposing a certain degree of de facto liability on intermediaries, all of which raise interesting issues.



This book examines the relevant regulatory responses to internet pornography, with particular reference to the UK, but also drawing comparisons with other countries where relevant. It argues that the internet has fundamentally, and in many ways irreversibly, changed the regulation of pornography. Classifying internet pornography into three broad categories – child pornography, extreme pornography, and adult pornography – the book provides an in-depth analysis of the legal issues involved in regulating internet pornography, and argues that the notions of obscenity and indecency on their own will not provide an adequate basis for regulating online pornography. The book identifies the legitimising factors that will lend credibility and normative force to the law in order to successfully regulate pornography in cyberspace. It is the only comprehensive text that rigorously addresses the regulation of internet pornography as a whole, and offers valuable insights that will appeal to academics, students, policy makers, and those working in the areas of broader internet governance and online child protection.

Table of Contents



 



 



Introduction



Chapter 1 Internet pornography: issues and challenges





PART 1



Chapter 2 Online child pornography: Preliminary considerations



Child pornography and the internet



Jurisdictional issues



Who is a child? The age (old) problem





Chapter 3 Transformation of child pornography laws



International Initiatives



National Law



Evolution of Child Pornography Laws



Production and Distribution



Possession



Rationale of Possession Offences



Webcam Performance and Live Streaming



Self-generated Pornography and ‘Sexting’



Concluding Thoughts



Chapter 4 Virtual child pornography



Legal Responses



U.K.: Criminalising Possession



U.S.:  Ashcroft v Free Speech Coalition



Future of Regulation





Chapter 5 Enforcement of child pornography laws



Regulation and Non-State Actors



Criticisms of ‘Self-Regulation’



Fair Regulation





PART 2



Chapter 6 Extreme pornography



Introduction



The Law



Criminalising Possession



Demand and Supply



Harm



Morality, Disgust, and Offence



Individual Freedoms



Power Imbalance: State v/s the Individual



Taking the Burden Away from the Consumer





PART 3



Chapter 7 Adult pornography



Introduction



Regulating Obscenity: United Kingdom



United States: Pioneer and the Problem



Regulating for Child Protection



New Regulatory Models



Staying Focused on Access Control



‘Revenge Pornography’ and other Issues



Concluding Remarks





Conclusion



Chapter 8 Regulating internet pornography





index



 



...
View More

Author(s)

Biography

Abhilash Nair is Senior Lecturer in Internet Law at Aston University, Birmingham. He has published widely in the area of internet pornography, and has advised various international and national bodies on regulating illegal content, content-related cybercrime and online child safety laws. He is a member of the UK Council for Child Internet Safety (UKCCIS) Evidence Working group, and Editor-in-Chief of the European Journal of Law and Technology.