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<strong>Child</strong> PornograPhy First report oF the Dutch NatioNal rapporteur
also found within the group of perpetrators of child pornography, and it is precisely within this group
of perpetrators that recently produced material is exchanged. 96 As a result, digital child abuse material
of the 21 st century is a cybercrime and, in certain cases, also a high-tech crime. <strong>Child</strong> abuse material
also always includes an analogue element in addition to this technological component, since the material
is, after all, first produced, and in doing so children are abused in the analogue, physical world.
A digital world was created with the introduction of ICT. Although the digital and analogue domains
initially existed more or less alongside one another, that division has, however, become less distinct
over the course of time.
Hands-on/hands-off & online/offline
From a legal perspective, offences concerning child pornography include the production, offering,
distribution, open exhibition, intentional viewing or possession of child abuse material. 97 From a psychological
perspective, we are concerned with viewers (owners and distributors) and producers. 98 The
difference between these groups lies in the ‘hands-on’ abuse by the producers and the ‘hands-off’ behaviour
of the viewers, whereby we may regard viewers of child abuse material as contributing towards
the continuation of physical sexual abuse of children due to their demand for abusive material involving
children, as they do indeed contribute towards the continuation of physical sexual abuse of children
in demanding such material. Furthermore, the knowledge that images exist and are viewed also forms
a dimension of victimisation (see §1.4.3). Table 1.1 and Table 1.2 show, in the form of a diagram with
examples, how the terms online, offline, hands-off and hands-on are each related to child pornography
and sexual violence against children. Table 1.1 shows that perpetrators of child pornography are currently
making full use of new technologies in order to view or produce material (see also §1.4.1.3) 99 and that
various criminal offences may be interrelated. Different child pornography ‘source offences’ – phenomena
and offences that may form the basis of the production of the material, such as child sex tourism,
child prostitution, abuse in domestic settings and trafficking in human beings – were also connected
with child pornography in the past. However, ICT has created new phenomena and challenges due to
the fact that, as Koops writes, this is where ‘sex, kids and crime in cyberspace’ converge. 100 Nowadays,
for example, child abuse material can be produced or manipulated (in its entirety) by computers (virtual
child abuse material). Youngsters also make sexual material themselves 101 and such material can also be
96 Moran, 2010.
97 See Article 240b of the Dutch Criminal Code and §1.4.1.2
98 Taylor & Quayle, 2003.
99 The claim that every form of ‘new’ media will ultimately be used for sexual purposes (Shallit’s First Law
of New Media) also seems to hold true in the case of child abuse material. Examples of this include:
Man beschuldigd van kinderporno via ps3 [Man charged with child pornography offences via PS3 (Playstation
3)], ITG, 16 March 2009, available at: www.inthegame.nl/nieuws/man-beschuldigd-van-kinderpornovia-ps3%E2%84%A2/
(viewed 28 June 2011); reply from ‘trotseMamavan2’ on forum.viva.nl indicates
potential child abuse material via www.chatroulette.com, see www.forum.viva.nl/forum/Actueel/
Gisteren_bij_dwdd_chatroulette_Geprobeerd_en_gelachen/list_messages/74176/5 (viewed 28 June
2011).
100 Koops, 2009.
101 See §1.4.3 for an explanation of the phenomenon known as ‘sexting’.