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<strong>Child</strong> PornograPhy First report oF the Dutch NatioNal rapporteur
The foundations for the core message have been set out in the previous chapters.
Hereafter, the findings with regard to policy and implementation will first of all be outlined, as described
in Chapters 2 and 3. Problem areas and points for improvement will be listed and the possibilities to
form connections between actors and processes will be explained.
Finally, the core message will be set out in specific terms.
4.2 Where do matters stand at present?
4.2.1 <strong>Child</strong> pornography as a complex phenomenon
The phenomenon of child pornography encompasses perpetrators, victims and technology (consisting
of abusive material involving children on the one hand and technology, primarily ICT, which makes it
possible to produce, distribute and possess such material, on the other hand). Each of these elements
varies considerably, and the nature of perpetrators, victims or material is not clear-cut. The commercial
circuit differs from the amateur circuit as far as perpetrators, victims and material are concerned, and the
behaviours may vary as well. The issues that confront adolescent or post-adolescent victims are different
to those involving pre-adolescent victims, and the perpetrators, as well, do not form a homogenous
group. Some individuals only view child abuse material, whilst other users of such material also physically
abuse children themselves. This variation has implications for the way in which child pornography
is tackled. If policy and implementation are to be successful, they must reflect the diversity that exists
in that area.
At present, child pornography actually takes the form of digital child abuse images. Technological developments
are rapidly superseding one another and will almost always influence the phenomenon of
child pornography. What is more, online aspects increasingly feature in other forms of sexual violence
against children. Perpetrators and potential perpetrators, as well as victims, use ICT intensively. Underage
victims can also be found in cyberspace. The offline and online worlds often converge into one as
far as they are concerned, and this means that both worlds must be taken into account in legislation,
policy and implementation. Technological, empirical and legal expertise and the associated means must
be sufficient to keep pace with the recent developments in the digital domain. ICT sometimes presents a
challenge, yet it can also provide a means of preventing and combating child pornography.
The issue of child pornography is not bound by time or space. Individuals have been producing and
viewing child abuse material since visual technology (photography) came into existence, and with the
techniques that exist today, it is likely that child abuse material – even very old material – will still be
available for a very long time to come. Space is hardly a factor at all: in the past, individuals who sexually
abuse children have always been able to find their victims and other perpetrators. However, ICT has
added a new dimension to the phenomenon, namely cyberspace, which enables perpetrators, victims
and material to come directly into contact with one another anywhere and at any time. It is important
that continuity is achieved in tackling child pornography, and in this regard it is highly likely that a similar
issue exists in other countries in relation to the strategy used to tackle the problem. As far as efforts to
prevent and tackle child pornography in the Netherlands are concerned, it will sometimes be desirable to
seek international cooperation, but this also means that we can examine whether experiences in other
countries can be of benefit to the strategy used to tackle the issue in the Netherlands.