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The phenomenon of child pornography
also continues to be of importance: where child abuse material is produced, it is generally the case that
children are physically abused in the real world. This sub-section will examine the elements that relate
to the hands-on context of child abuse material (‘produces’) and the digital context (‘distributes’, ‘offers’,
‘acquires’, ‘possesses’ and ‘obtains access to’) from a legal perspective. 198
The production, distribution and possession of digital child abuse material take place using open and
integrated computer systems, using communication systems 199 and within a variety of contexts (commercial
and private). Various activities within this context present specific problems for efforts to tackle
child pornography, such as encryption, which can be used to conceal the possession of child abuse images
and films, and new payment methods that enable commercial distribution.
‘Production’
<strong>Child</strong> abuse material is produced in a variety of contexts. 200 Firstly it is made for personal use, whereby
the material is solely intended for the producer. The party who makes it may be someone from the victim’s
immediate environment such as a parent, guardian, (a friend of the) family or a carer. People also
stay abroad temporarily (holiday) or permanently for the purpose of abusing children (what is known
as child sex tourism) and to produce child abuse material from these activities. 201 A second context in
which child abuse material is produced is that of production with intent to distribute the material further.
This includes material that is produced with a view to distributing it within amateur networks, but
also material that is produced and distributed for commercial purposes. If parties behind commercial
websites produce child abuse material themselves, this material primarily originates from countries, in
which the legislation and regulations and/or enforcement thereof are insufficient and in which poverty
or other factors mean that large numbers of potential victims can be found. Such countries include Russia
and other Eastern-European countries, 202 as well as various countries in South-East Asia and South
America. 203 However, the majority of the commercial websites are involved in the distribution of existing
material. 204 The proliferation of integrated computer systems on devices such as mobile telephones
198 The elements ‘openly exhibits, […], imports, conveys, exports’ only concern the analogue context of
child abuse material, see Van Koppen, 2009. Analogue child abuse material (hard copy photographs
and magazines) also still exist, see Court of Zutphen, 20 October 2009, LJN: BK0673.
199 Open computer systems are laptop and desktop computers, but also servers of ISPs, for example. Integrated
computer systems can be found in devices that contain (components of ) computers, such as
digital cameras and mobile telephones. Open and integrated computer systems are also often connected
to communication systems, such as the Internet and wireless telecommunication systems. Ferraro
& Casey, 2005, p. 79-97.
200 Taylor & Quayle, 2003, p.23.
201 <strong>Child</strong> sex tourism generally concerns countries where monitoring is limited, such as Thailand and
Cambodia (KLPD- International Police Information Service [Dienst IPOL], 2008, p.88), but there are also
indications that individuals from other countries have recently taken up residence in the Netherlands
with a view to abusing children (Jahae, 2009, pp.186-198; Medeverdachte zedenzaak wil verdenkingen niet horen
[Co-accused in sex abuse case did not want to hear details of suspected acts], De Pers, 17 June 2011, available
at: www.depers.nl/binnenland/576033/Richard-hielp-Robert-actief.html (viewed 15 August 2011).
202 ECPAT International, 2008.
203 Van Wijk et al., 2009
204 European Financial Coalition, 2010, p.15.
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