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<strong>Child</strong> PornograPhy First report oF the Dutch NatioNal rapporteur
hands-on production on the one hand and hands-off viewing and distribution of such material on
the other hand, 114 it is clear that the provisions making production an offence are based upon the fact
that production involves sexual acts that could harm the child, either because involving the child in
such behaviour is, in itself, harmful, or is harmful due to the publication of the material concerned. 115
The fact that child pornography in itself constitutes sexual abuse of children is also recognised internationally.
116 The production of child abuse material can exacerbate the (sexual) violence, 117 since the
images emphasise the powerlessness and humiliation of the victim. In addition, in those cases that
involve abuse, the abuse may increase in duration and severity due to the fact that the child is made
to perform acts in front of the camera. In the literature, the intentional viewing and distribution of
the material are regarded as constituting punishable offences due to the fact that a child is abused (by
the publication of the material). 118 Victims of child pornography experience harmful consequences
due to the permanent circulation of images on the Internet. 119 In addition, the legislator argues that
children must be protected from behaviour or manifestations that contribute towards a sub-culture
that promotes sexual abuse of children. 120 This view closely reflects the functions that child abuse material
can fulfil as far as users are concerned (described in 1.4.1.3): it is used, amongst other purposes,
to corrupt and blackmail children and to normalise a sexual interest in children amongst adults. 121
Further to this, the Implementation Provisions concerning child pornography [Aanwijzing kinderpornografie]
also assume that both the child who is directly involved in the production of child abuse
material and the child in general must be protected. That applies to children in the Netherlands as
well as children elsewhere. 122
<strong>Child</strong> abuse
The phenomenon of child pornography and the strategy to tackle it must be viewed and approached
in a broad context, since whenever child abuse material is found, it usually means that child abuse has
taken place. <strong>Child</strong> abuse is all the actions of parents, or of other individuals with whom a child has a
relationship of dependency, that constitute a severe harmful effect upon the child or a threat to the safety
or welfare of the child. 123 <strong>Child</strong> abuse may take the form of sexual abuse.
114 Taylor & Quayle, 2003, pp.21-26; Bullens, 2007, p.432.
115 Parliamentary Papers II 2000/01, 27 245, no.299b, p.3, 8; Taylor & Quayle, 2003, p.24.
116 See for example Parliamentary Assembly of the Council of Europe, Sexual Exploitation of <strong>Child</strong>ren: zero
tolerance, Resolution 1307 (2002).
117 O’Donnell & Milner, 2007, pp.69-70.
118 Taylor & Quayle, 2003, pp.24.
119 Parliamentary Papers II 2000/01, 27 745, no.3 p.4; Taylor & Quayle, 2003, p.24. See also §1.4.3.
120 See Explanatory Memorandum, Parliamentary Papers II 2000-01, 27 745, no. 3, p.4-5; Memorandum of
Reply, Parliamentary Papers I 2001/02, 27 745, no.299b, p.3, 8.
121 O’Donnell & Milner, 2007, pp.73-75.
122 Implementation Provisions concerning child pornography [Aanwijzing kinderpornografie] (Article 240b of
the Dutch Criminal Code), Dutch Government Gazette, 2 December 2010 no. 19121, p.1.
123 Article 1 sub-section m of the Youth Care Act defines child abuse as: “any form of interaction constituting a
threat or violence of a physical or sexual nature against a minor, that the parents or other individuals with whom the minor
has a relationship of dependency or of whom the minor is not independent, actively or passively impose, which causes
or threatens to cause serious harm to the minor in the form of physical or psychological injury”. Youth Care Agency
Conurbation of Amsterdam [Bureau Jeugdzorg Agglomeratie Amsterdam] et al. 2010.