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Anime and the Protection of Children Act

Discussion of legislation relating to computer forensics.
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Do you think anime IIC can be counted as an image 1-5 on the COPINE scale?

4
25%

7
43%

5
31%

 
Total Votes: 16

  

mobileforensicswales
Senior Member
 

Anime and the Protection of Children Act

Post Posted: Nov 11, 08 12:01

I've always been confused about this one, don't quote me on this but under the Protection of Children Act 1978 section (1)(a) it is illegal to make a photograph or 'pseudo-photograph'

Does this include Anime as the characters are cartoon characters at the end of the day not detailed human like sketches or actual photo graphs

Just wondering where everyone stands on this?

Even if you don't want to reply to this I have also posted a survey at the top of this forum for the sake of science. I'm not going to judge anyone either way I would just like to see a show of hands as it were.

Please respond if you have any thoughts on this topic  
 
  

mobileforensicswales
Senior Member
 

Re: Anime and the Protection of Children Act

Post Posted: Nov 26, 08 12:19

Thanks to those who did vote in my pole? Due to the lack of comments I take it there is no clear cut answer on this then

If you want to make your minds up for your self, here is the full act.

All opinions welcome because I bet lots of people would find their jobs a lot easier if an answer to this could be found

www.opsi.gov.uk/Acts/a...037_en.pdf  
 
  

LarryDaniel
Senior Member
 

Re: Anime and the Protection of Children Act

Post Posted: Nov 26, 08 13:41

Check out this story on that very subject.

Anime Collector Trial
_________________
Larry E. Daniel
DFCP, EnCE, BCE, ACE, AME, CTNS , CTA, CWA
Guardian Digital Forensics
"An Envista Forensics Company" 
 
  

psu89
Senior Member
 

Re: Anime and the Protection of Children Act

Post Posted: Nov 26, 08 13:48

It seems very specific to "Photographs" and "Film" and thus drawings or renditions are not subject to this (I am no lawyer and know less than the common person about law).

US Law is a bit more specific:
"“child pornography” means any visual depiction, including any photograph, film, video, picture, or computer or computer-generated image or picture, whether made or produced by electronic, mechanical, or other means, of sexually explicit conduct, where— "

Brian



- stezer2000
Thanks to those who did vote in my pole? Due to the lack of comments I take it there is no clear cut answer on this then

If you want to make your minds up for your self, here is the full act.

All opinions welcome because I bet lots of people would find their jobs a lot easier if an answer to this could be found

www.opsi.gov.uk/Acts/a...037_en.pdf
 
 
  

erowe
Senior Member
 

Re: Anime and the Protection of Children Act

Post Posted: Nov 26, 08 13:49

I don't know about how things stand under British law, but under Canadian law things are pretty clear: anime does constitute child pornography if it depicts a person under the age of 18 engaged in explicit sexual activity.

I've never heard of it being an issue for our prosecutors however as there is usually so much other evidence (photos, videos, etc.) that it doesn't matter if there is some questionnable anime. The vast majority of our cases plead guilty because of the overwhelming amount of evidence we typically find (and perhaps also because they may only get a light sentence, unlike in the US where they would face serious time).

I imagine that we have probably had customs seizure cases dealing exclusively with anime however. I just don't know of any off hand.

Here's what our criminal code says:

Definition of “child pornography”

163.1 (1) In this section, “child pornography” means
(a) a photographic, film, video or other visual representation, whether or not it was made by electronic or mechanical means,
(i) that shows a person who is or is depicted as being under the age of eighteen years and is engaged in or is depicted as engaged in explicit sexual activity, or
(ii) the dominant characteristic of which is the depiction, for a sexual purpose, of a sexual organ or the anal region of a person under the age of eighteen years;
(b) any written material, visual representation or audio recording that advocates or counsels sexual activity with a person under the age of eighteen years that would be an offence under this Act;
(c) any written material whose dominant characteristic is the description, for a sexual purpose, of sexual activity with a person under the age of eighteen years that would be an offence under this Act; or
(d) any audio recording that has as its dominant characteristic the description, presentation or representation, for a sexual purpose, of sexual activity with a person under the age of eighteen years that would be an offence under this Act.

I would think that quick call to a lawyer or the local tech-crime or child exploitation unit should get you an authoritative answer.  
 
  

debaser_
Senior Member
 

Re: Anime and the Protection of Children Act

Post Posted: Nov 26, 08 13:50

You probably aren't going to get many personal opinions on this one. If anyone questions these types of laws it surely means that they are into that kind of stuff. Right?  
 
  

mobileforensicswales
Senior Member
 

Re: Anime and the Protection of Children Act

Post Posted: Nov 26, 08 13:57

- debaser_
You probably aren't going to get many personal opinions on this one. If anyone questions these types of laws it surely means that they are into that kind of stuff. Right?


I'm not asking whether it should be legal, I'm trying to find out factually whether it is or isn't legal. This is due to the fact that people do use it as a defence, I'm finding out whether they have a leg to stand on, if you see what I mean in that sense  
 

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