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Is child porn fiction illegal in Ireland?

  • 09-07-2006 11:47pm
    #1
    Closed Accounts Posts: 194 ✭✭


    Is erotic literature containing descriptions of sex with children illegal in this country?
    As far as I remember, the following are illegal:
    child porn paintings and drawings
    porn with models who are adults but look like children
    computer generated child porn images

    I'm curious as none of these involve child abuse in their production (unlike photo and movie child porn).


Comments

  • Closed Accounts Posts: 2,268 ✭✭✭mountainyman


    You are assuming that the only valid reason for banning CP is that is the record of a rape. CP inflames pedos to their disgusting acts.

    MM


  • Closed Accounts Posts: 194 ✭✭अधिनायक


    CP inflames pedos to their disgusting acts.
    Does adult porn inspire rape? Do murder novels inspire murder? Should depictions of all serious crimes be banned? This is not the forum to discuss this.

    Do you know the answer to my legal question?


  • Registered Users, Registered Users 2 Posts: 10,592 ✭✭✭✭Dont be at yourself


    As an aside, some of the stuff you see in Japanese sex shops is truly sickening, and can be classed as child porn, and yet Japan has one of the lowest rate of sex-crimes in the world.


  • Registered Users, Registered Users 2 Posts: 12,187 ✭✭✭✭Sangre


    Lowest rate of reported sex crimes.


  • Registered Users, Registered Users 2 Posts: 19,396 ✭✭✭✭Karoma


    Yes.

    CHILD TRAFFICKING AND PORNOGRAPHY ACT, 1998 - http://www.irishstatutebook.ie/ZZA22Y1998.html
    '2. Interpretation.' should answer your questions.

    Now, if you're looking for a discussion on whether there is any correlation between these products, or indeed C.P. itself, and child abuse/rape - then I would think that humanities or psychology may provide a better forum for discussion.


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  • Registered Users, Registered Users 2 Posts: 23,216 ✭✭✭✭monkeyfudge


    Nabokov's Lolita is available in bookshops here and that depicts sex with a child so I'm guessing it's not illegal and is possibly dealt with on a case by case basis.


  • Banned (with Prison Access) Posts: 23,556 ✭✭✭✭Sir Digby Chicken Caesar


    Sangre wrote:
    Lowest rate of reported sex crimes.


    yeah.. isn't child prostitution a big problem in some japanese cities?

    a problem for the children I guess.. unless they enjoy it.. I'm assuming whoever is having sex with them doesn't really care, or the people who aren't having sex with them because they're allowing it to go on..

    so maybe it's not a problem after all


  • Closed Accounts Posts: 194 ✭✭अधिनायक


    Yes but,
    "visual representation" includes—

    (a) any photographic, film or video representation, any accompanying sound or any document,
    (b) any copy of any such representation or document, and
    (c) any tape, computer disk or other thing on which the visual representation and any accompanying sound are recorded.
    This definition of visual representation seem to refer to pictures and video. Or do you think the 'any document' bit refers to text? Do you think a visual representation could include a text document without pictures?

    Every Irish law I read seems ambiguous (I know nothing about law).


  • Closed Accounts Posts: 194 ✭✭अधिनायक


    Nabokov's Lolita is available in bookshops here and that depicts sex with a child so I'm guessing it's not illegal and is possibly dealt with on a case by case basis.
    Well there is a clause in the law that excludes any book passed by the censor
    law wrote:
    but does not include—

    (I) any book or periodical publication which has been examined by the Censorship of Publications Board and in respect of which a prohibition order under the Censorship of Publications Acts, 1929 to 1967, is not for the time being in force,
    (II) any film in respect of which a general certificate or a limited certificate under the Censorship of Films Acts, 1923 to 1992, is in force, or
    (III) any video work in respect of which a supply certificate under the Video Recordings Acts, 1989 and 1992, is in force;


  • Registered Users, Registered Users 2 Posts: 5,217 ✭✭✭Matthewthebig


    you get aroused by children...


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  • Registered Users, Registered Users 2 Posts: 68,317 ✭✭✭✭seamus


    So it's fair to say that a book which has been published but not examined by the Censor may be considered illegal in court.

    Although it says "visual representation", it mentions the word "document" in the same breath, so it would seem that text can be considered a "visual representation" for the purposes of the Act.


  • Closed Accounts Posts: 29,473 ✭✭✭✭Our man in Havana


    It is basically a catch all section.


  • Closed Accounts Posts: 2,357 ✭✭✭Eru


    It would depend largely on the nature of the book and how the act is described, for example many books will speak about child abuse including both biographies and fiction however if it was talking about a characters background but not the purpose of the fiction then I assume its OK. A book promoting or glamourising child abuse would, should be banned for very obvious reasons.

    And to answer an earlier question, yes there actually is evidence that porn and murder both in reality pieces and fictional pieces can arouse/inflame rapists and murderers.

    Throughout history peadophiles, serial killers and rapists have had a large quantity of such material. Does it promote it? Well possible but I would suggest the tendencies already exist in the person.

    As for Japan, they have a large fetish for school uniforms and 'teens' however my understanding is that prostitutes and models use this fetish. Again, liking a fully grown woman in costume does not equal liking a child in uniform.


  • Closed Accounts Posts: 194 ✭✭अधिनायक


    It would depend largely on the nature of the book and how the act is described, for example many books will speak about child abuse including both biographies and fiction
    I hadn't thought of this. The law would class a child abuse story as child pornography unless it was passed by the censor.
    any visual representation—
    (i) that shows or, in the case of a document, relates to a person who is or is depicted as being a child and who is engaged in or is depicted as being engaged in explicit sexual activity..

    Few books go before the censor.


  • Closed Accounts Posts: 2,357 ✭✭✭Eru


    What Im mainly thinking of are true stories written by people that were abused as children, these books often describe the terrible things that were done to them. I can also recall a fiction piece I read where the main character was abused and raped. While not detailed it was mentioned at the start and during flashbacks.


  • Registered Users, Registered Users 2 Posts: 78,580 ✭✭✭✭Victor


    Is a biography non-fiction?

    Are non-fiction books covered by censorship?


  • Closed Accounts Posts: 29,473 ✭✭✭✭Our man in Havana


    All books are covered, incls newspapers and magazines.


  • Registered Users, Registered Users 2 Posts: 7,722 ✭✭✭maidhc


    I thought the censor was defunct (and rightly so). One thing I do know is it is not a rquirment a book is passed by the censor before being published.

    John Kelleher, the film censor banned one film IIRC during his term, and did so on the basis it was so disgusting that no one could possibly want to watch it. It created a bit of controversy, but considering his liberal views on censorship generally and love of film it must have been really really bad.


  • Closed Accounts Posts: 29,473 ✭✭✭✭Our man in Havana


    The book censor is alive and well. Censorship of publications board

    Any member of the public can refer books, magazines and newspapers to the board for their review.


  • Registered Users, Registered Users 2 Posts: 59 ✭✭mm.ie


    The interpretation of any law (in relation to the criminal law and whether a prosecution is brought) rests with the Director of Public Prosecutions. Let me know what book it is, where you live and I'll tip off my local member of the Garda Reserves and they can swear a warrant under Section 7 of the above mentioned act and we'll let the DPP decide.

    One thing is for sure - anything which seeks to glorify/ normalise/ encourage the exploitation of the vulnerable in our society should be proscribed.

    G'wan ya good thing!

    mm


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  • Closed Accounts Posts: 4 wearinganappy


    anything that depicts or porports to depict a minor is considered illegal and so it should be.:(


  • Registered Users, Registered Users 2 Posts: 86,729 ✭✭✭✭Overheal


    If somethings illegal, theres always someone who will want to do it more. I'll bet theres a fair fraction of Pedo's that do it because its naughty and illegal...let aside the fact the idea of having intercourse with a prepubescent is absolutely revolting (in my opinion)


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