In many countries this definition means that the threshold age at which a child is protected
against exploitative use in pornography is determined by the age of consent. The Council
believes that the standard should apply to all children under the age of 16, regardless of the
age of consent.
The Council recommends that, in determining the age of a child for the purposes of child
pornography, the standard in the Convention is accepted as the general rule subject to there
being no exception for children who are, or appear to be, under the age of 16 years.
Pornography
The Council considers that, while there are a large number of definitions of child
pornography, the definition in Article 2 (c) of the recent Optional Protocol to the Convention
on the Rights of the Child on the Sale of Children, Child Prostitution and Child Pornography
to be the most appropriate.
Article 2 (c) defines child pornography as,
... any representation by whatever means, of a child engaged in real, or
simulated explicit sexual activities or any representation of the sexual
parts of a child, the dominant characteristic of which is depicted for a
sexual purpose.
The Council considers that it is important to recognise that the subject matter of a
representation includes any abuse or mistreatment of a child for sexual purposes.
International standards
The Council considers that the means adopted to combat child pornography on the internet
must be consistent with international human rights norms. In this context the Council noted
the competing rights of freedoms of expression, privacy and freedom of information and those
which protect and promote the best interests of the child. However, the Council concluded
that the child's best interests should be given paramountcy given the proven physical and
emotional harm inflicted on them by child pornography. In this regard the Council notes that
all Forum member countries have ratified the Convention on the Rights of the Child and find
that the principles in Article 3 of the Convention on the Rights of the Child should govern the
resolution of this matter. Article 3 states that,
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