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The phenomenon of child pornography
to the Explanatory Report. Contact and communications made by an adult to a child exclusively
on the Internet, irrespective of the intention and the content of the communication are not subject
to criminalisation.
The international regulations concerning child pornography that are currently in place are not entirely
unambiguous. For example, where the EU Framework Decision and the Convention on Cybercrime refer
to visual images and depiction, the UN definition is broader in scope. In view of the fact that this
instrument refers to ‘any representation by whatever means’, this could also encompass text and written
material, 139 as well as audio material. In addition, the Convention on Cybercrime, the current EU
Framework Decision and the Optional Protocol to the UN Convention on the Rights of the <strong>Child</strong> all
define a child as an individual below the age of 18 years. However, countries may apply a lower age limit
by virtue of the Convention on Cybercrime, although that limit must not be less than 16 years of age. 140
The Lanzarote Convention offers similar scope for exception with regard to the obligation to criminalise
production and possession of child abuse material in which children are involved who are below the
age of consent according to national law and who have produced or possess images with their consent
and for their own use. 141 The various sources of international regulations also not only concern actual
images but also realistic and simulated images of non-existent children – virtual child abuse material,
but exceptions to these regulations are possible. After the enactment of the Lanzarote Convention in
2007, the European Commission eventually presented a proposal for a new directive with regard to
tackling child pornography in March 2010. 142 The proposal of the European Commission is broader than
the current EU Framework Decision 143 due to the fact that, just as the Lanzarote Convention, it not only
concerns the tackling of sexual exploitation of children and child pornography, but also sexual abuse of
children. The contents of the forthcoming directive have not yet been determined but may give rise to
new legislation in the Netherlands in due course. Once it has been drawn up, the new directive will, for
the time being, form the most recent development in international regulations concerning the tackling
of child pornography, with the aim of harmonising the regulations. 144 In addition to striving to achieve
uniformity, this development also demonstrates that the phenomenon of child pornography is being
placed in a broader context, along with sexual abuse and sexual exploitation of children.
Terminology in relation to child pornography
The fact that child pornography is in itself a form of sexual abuse of children is recognised internationally
145 and in that regard such material tends to be described in terms of ‘abusive images’
139 Akdeniz, 2008, p.11.
140 Article 9, paragraph 3 of the Convention on Cybercrime.
141 Article 20, paragraph 3 of the Lanzarote Convention; see §1.4.3 with regard to ‘sexting’.
142 Proposal for a Directive of the European Parliament and of the Council on combating the sexual abuse,
sexual exploitation of children and child pornography, repealing Framework Decision 2004/68/JHA,
COM (2010) 94 final.
143 Council Framework Decision 2004/68/JHA of 22 December 2003 on combating the sexual exploitation
of children and child pornography, OJ L 013, 20 January 2004.
144 The European Parliament stated in a press release on 12 July 2011 that the agreement was to be put to
a vote in September 2011 and will subsequently need to be adopted by the Council of Ministers.
145 See for example Parliamentary Assembly of the Council of Europe, Sexual Exploitation of <strong>Child</strong>ren: zero
tolerance, Resolution 1307 (2002).
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