아동포르노 제재에 관한 미국법과 영국법의 국제적 기준에서의 과제

The particular individual rights of privacy and free speech have formed the backbone of challenges to child pornography law in the United States and to a lesser extent, the laws on online enticement in the United States. Considering those rights here in the context of English law, they are also going to focus on the right to a fair trial and more broadly, the impact on those suspected of child pornography and grooming offences and the issue of fair labelling. The argument that the defendant’s anonymity should be provided for his own protection rather than the victim’s is more controversial. It could face challenges on the basis of the public interest in evidence in criminal cases being communicated to the public, and on the grounds that naming defendants deters others from committing offences. The United States highlights child sexual exploitation and pornography as ‘serious violations of human rights and of the fundamental right of a child to a harmonious upbringing and development’, and warns that child pornography is a growing phenomenon that is becoming more prolific through the internet. As the decision is designed to ensure a commonality of approach in the legal response to child sexual exploitation and pornography, it includes a definition of child pornography.