• BrianTheeBiscuiteer@lemmy.world
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    21 hours ago

    On one hand I don’t think this kind of thing can be consequence free (from a practical standpoint). On the other hand… how old were the subjects? You can’t look at a person to determine their age and someone that looks like a child but is actually adult wouldn’t be charged as a child pornographer. The whole reason age limits are set is to give reasonable assurance the subject is not being exploited or otherwise harmed by the act.

    This is a massive grey area and I just hope sentences are proportional to the crime. I could live with this kind of thing being classified as a misdemeanor provided the creator didn’t use underage subjects to train or influence the output.

    • General_Effort@lemmy.worldOP
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      5 hours ago

      It’s not a gray area at all. There’s an EU directive on the matter. If an image appears to depict someone under the age of 18 then it’s child porn. It doesn’t matter if any minor was exploited. That’s simply not what these laws are about.

      Bear in mind, there are many countries where consenting adults are prosecuted for having sex the wrong way. It’s not so long ago that this was also the case in Europe, and a lot of people explicitly want that back. On the other hand, beating children has a lot of fans in the same demographic. Some people want to actually protect children, but a whole lot of people simply want to prosecute sexual minorities, and the difference shows.

      17 year-olds who exchange nude selfies engage in child porn. I know there have been convictions in the US; not sure about Europe. I know that teachers have been prosecuted when minors sought help when their selfies were being passed around in school, because they sent the images in question to the teacher, and that’s possession. In Germany, the majority of suspects in child porn cases are minors. Valuable life lesson for them.

      Anyway, what I’m saying is: We need harsher laws and more surveillance to deal with this epidemic of child porn. Only a creep would defend child porn and I am not a creep.

      • BrianTheeBiscuiteer@lemmy.world
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        29 minutes ago

        It’s not a gray area at all. There’s an EU directive on the matter. If an image appears to depict someone under the age of 18 then it’s child porn.

        So a person that is 18 years old, depicted in the nude, is still a child pornographer if they don’t look their age? This gives judges and prosecutors too much leeway and I could guarantee there are right-wing judges that would charge a 25yo because it could believed they were 17.

        In Germany, the majority of suspects in child porn cases are minors. Valuable life lesson for them.

        Is it though? I don’t know about the penalties in Germany but in the US a 17yo that takes a nude selfie is likely to be put on a sex offender list for life and have their freedom significantly limited. I’m not against penalties, but they should be proportional to the harm. A day in court followed by a fair amount of community service should be enough of an embarrassment to deter them, not jail.

      • FauxLiving@lemmy.world
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        2 hours ago

        There’s not an epidemic of child porn.

        There’s an epidemic of governments wanting greater surveillance powers over the Internet and it is framed as being used to “fight child porn”.

        So you’re going to hear about every single case and conviction until your perception is that there is an epidemic of child porn.

        “You can’t possibly oppose these privacy destroying laws, after all you’re not on the side of child porn are you?”

      • duisgur
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        4 hours ago

        Legality is not the same as morality.

      • Inucune@lemmy.world
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        2 hours ago

        This is also my take: any person can set up an image generator and churn any content they want. Focus should be on actual people being trafficed and abused.

      • mindbleach
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        16 hours ago

        Even people who want this sort of image banned need to stop describing it like the real thing. These headlines drive me up the wall - like seeing people arrested for “simulated murder.”

        • shaggyb@lemmy.world
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          2 hours ago

          Paracetamol “borders on” poison, but isn’t.

          Slippery slope is a logical fallacy, and there are actual consequences here. We need to do better.

        • mindbleach
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          14 hours ago

          Walk me through how any rendering “borders on” proof that a child was raped.

    • mindbleach
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      16 hours ago

      There are no subjects. It’s image gloop. You cannot exploit or harm JPEG artifacts.

      Think of it as a drawing. If you’re sketching from life… yeah, jail. Otherwise what are we even talking about?