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The Regulation of Internet Pornography: Issues and Challenges: Routledge Research in Information Technology and E-Commerce Law

Autor Abhilash Nair
en Limba Engleză Paperback – 30 iun 2020
The regulation of pornography has always been a contentious issue, which has sparked wide-ranging debates surrounding the acceptability and place of pornography in society. The use of the internet to distribute and access pornography has magnified this debate and has presented a number of challenges for the law in terms of effective and proportionate regulation. Following unsuccessful attempts by states to transpose traditional laws to cyberspace, a new and radical regulatory framework eventually evolved for regulating internet pornography. In this process, the focus of the law has changed from merely controlling the publication and distribution of obscene material to a model that aims to deter private consumption of illegal content. In addition, various self- and co-regulatory initiatives have been introduced with the involvement of non-state actors, imposing a certain degree of de facto liability on intermediaries, all of which raise interesting issues.


This book examines the relevant regulatory responses to internet pornography, with particular reference to the UK, but also drawing comparisons with other countries where relevant. It argues that the internet has fundamentally, and in many ways irreversibly, changed the regulation of pornography. Classifying internet pornography into three broad categories – child pornography, extreme pornography, and adult pornography – the book provides an in-depth analysis of the legal issues involved in regulating internet pornography, and argues that the notions of obscenity and indecency on their own will not provide an adequate basis for regulating online pornography. The book identifies the legitimising factors that will lend credibility and normative force to the law in order to successfully regulate pornography in cyberspace. It is the only comprehensive text that rigorously addresses the regulation of internet pornography as a whole, and offers valuable insights that will appeal to academics, students, policy makers, and those working in the areas of broader internet governance and online child protection.
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Specificații

ISBN-13: 9780367583491
ISBN-10: 0367583496
Pagini: 234
Dimensiuni: 156 x 234 x 17 mm
Greutate: 0.45 kg
Ediția:1
Editura: Taylor & Francis
Colecția Routledge
Seria Routledge Research in Information Technology and E-Commerce Law

Locul publicării:Oxford, United Kingdom

Public țintă

Postgraduate

Cuprins









Introduction


Chapter 1 Internet pornography: issues and challenges




PART 1


Chapter 2 Online child pornography: Preliminary considerations


Child pornography and the internet


Jurisdictional issues


Who is a child? The age (old) problem




Chapter 3 Transformation of child pornography laws


International Initiatives


National Law


Evolution of Child Pornography Laws


Production and Distribution


Possession


Rationale of Possession Offences


Webcam Performance and Live Streaming


Self-generated Pornography and ‘Sexting’


Concluding Thoughts


Chapter 4 Virtual child pornography


Legal Responses


U.K.: Criminalising Possession


U.S.:  Ashcroft v Free Speech Coalition


Future of Regulation




Chapter 5 Enforcement of child pornography laws


Regulation and Non-State Actors


Criticisms of ‘Self-Regulation’


Fair Regulation




PART 2


Chapter 6 Extreme pornography


Introduction


The Law


Criminalising Possession


Demand and Supply


Harm


Morality, Disgust, and Offence


Individual Freedoms


Power Imbalance: State v/s the Individual


Taking the Burden Away from the Consumer




PART 3


Chapter 7 Adult pornography


Introduction


Regulating Obscenity: United Kingdom


United States: Pioneer and the Problem


Regulating for Child Protection


New Regulatory Models


Staying Focused on Access Control


‘Revenge Pornography’ and other Issues


Concluding Remarks




Conclusion


Chapter 8 Regulating internet pornography




index


 



Notă biografică

Abhilash Nair is Senior Lecturer in Internet Law at Aston University, Birmingham. He has published widely in the area of internet pornography, and has advised various international and national bodies on regulating illegal content, content-related cybercrime and online child safety laws. He is a member of the UK Council for Child Internet Safety (UKCCIS) Evidence Working group, and Editor-in-Chief of the European Journal of Law and Technology.

Descriere

This book examines the key issues and challenges in regulating internet pornography. It explores the legal issues stemming from new regulatory models adopted in the UK which imposes significant liability on the end-user consumer of pornography rather than purely on publisher and distributor of pornography.