PAEDOPORNOGRAPHY ON THE INTERNET - A CONSTANTLY EVOLVING JURIDICAL REGULATION  Cover Image

PAEDOPORNOGRAPHY ON THE INTERNET - A CONSTANTLY EVOLVING JURIDICAL REGULATION
PAEDOPORNOGRAPHY ON THE INTERNET - A CONSTANTLY EVOLVING JURIDICAL REGULATION

Author(s): Andrada-Georgiana Marin
Subject(s): Law, Constitution, Jurisprudence
Published by: Cugetarea
Keywords: Internet; paedopornography; prevention; EU law; Romanian law; international jurisprudence

Summary/Abstract: In the virtual space there are infractional phenomena, some of which are pursued by the abilitated organs and some which are not yet punishable. But their presence contaminates the internet, and its initial purpose, that of being a territory of total freedom of expression, steps, in such situations, out of the limits of legality . Child pornography is more and more connected to the Internet, which secretly provides new means of production and distribution of illegal materials at worldwide level. We are witnessing a terrific multiplication of these images every year, as well as an increase of the degree of exhibited violence and cruelty. The images are not only sold, but also exchanged, a fact that pushes this industry deeper underground. Thus, a number of somehow dramatic questions arise. Which is the degree of the freedom of manifesting ideas on the Internet? What happens if the values defended by the Constitution come into conflict with one another in this context? Is anonymity admissible beyond the real world? How can we distinguish on the Internet between the private sphere – theoretically inaccessible to the control of the state - and the public sphere, naturally subjected to a certain regulation and supervision? The legislative evolution in the area of limiting the degree of infractional contamination of society by means of present informatic technologies is dependent of all these answers.

  • Issue Year: 18/2009
  • Issue No: 1
  • Page Range: 236-247
  • Page Count: 11
  • Language: English