Muutke küpsiste eelistusi

Regulation of Internet Pornography: Issues and Challenges [Kõva köide]

(University of Strathclyde, UK.)
  • Kõva köide
  • Hind: 159,19 €*
  • * hind on lõplik, st. muud allahindlused enam ei rakendu
  • Tavahind: 212,25 €
  • Säästad 25%
  • Raamatu kohalejõudmiseks kirjastusest kulub orienteeruvalt 3-4 nädalat
  • Kogus:
  • Lisa ostukorvi
  • Tasuta tarne
  • Tellimisaeg 2-4 nädalat
  • Lisa soovinimekirja
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 magnied 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 identies 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.
Acknowledgements xii
1 Introduction: internet pornography -- issues and challenges
1(10)
PART I
11(102)
2 Online child pornography: Preliminary considerations
13(12)
Child pornography and the internet
16(1)
Jurisdictional issues
17(3)
Who is a child? The age (old) problem
20(5)
3 Transformation of child pornography laws
25(57)
International initiatives
27(8)
United Nations Convention on the Rights of the Child 1989
27(1)
The Optional Protocol
28(1)
The Cybercrime Convention
29(2)
The Lanzarote Convention
31(2)
European Union
33(2)
National law
35(1)
Evolution of child pornography laws
35(3)
Production and distribution
38(15)
Production
38(5)
The `making' offence: consumption constituting production
43(2)
Email communication and browsing
45(4)
Distribution
49(4)
Possession
53(8)
Meaning of `possession'
54(4)
Making or possession?
58(2)
Refocusing the law
60(1)
Rationale of possession offences
61(12)
Curtailing demand
62(2)
Contact offending and grooming
64(2)
Harm prevention
66(7)
Webcam performance and live streaming
73(2)
Self-generated pornography and `sexting'
75(5)
Concluding thoughts
80(2)
4 Virtual child pornography
82(16)
Legal responses
83(1)
UK: Criminalising possession
84(5)
US: Ashcroft v Free Speech Coalition
89(7)
Regulation of virtual pornography law post-Ashcroft
94(2)
Future of regulation
96(2)
5 Enforcement of child pornography laws
98(15)
Regulation and non-state actors
99(8)
Intermediary liability
104(3)
Criticisms of `self-regulation'
107(3)
Fair regulation
110(3)
PART II
113(42)
6 Extreme pornography
115(40)
Introduction
115(2)
The law
117(3)
Defences
119(1)
Criminalising possession
120(1)
Demand and supply
121(1)
Harm
122(12)
Direct harm
123(7)
Indirect harm
130(4)
Morality, disgust and offence
134(9)
Profound offence
138(1)
Lack of clarity
139(4)
Individual freedoms
143(3)
Power imbalance: the state versus the individual
146(6)
Accepting the law as is, without protest
147(3)
People disregarding the law
150(2)
Taking the burden away from the consumer
152(3)
PART III
155(58)
7 Adult pornography
157(50)
Introduction
157(3)
Regulating obscenity: UK
160(6)
Obscenity and the internet
162(4)
US: pioneer and the problem
166(13)
Early attempts to regulate internet pornography
168(1)
Communications Decency Act 1996
169(6)
Child Online Protection Act 1998
175(3)
Internet community standards: post-Ashcroft
178(1)
Transposing traditional laws to cyberspace
179(4)
Regulating for child protection
183(5)
New regulatory models
188(10)
Video-on-demand
190(2)
Digital Economy Act 2017: mandatory access control
192(6)
Staying focused on access control
198(2)
`Revenge pornography' and other issues
200(5)
Concluding remarks
205(2)
8 Conclusion: regulating internet pornography
207(6)
Index 213
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.