There have been at least three major cases brought up against the possession of fictional pornography within the last two decades. Sharpe, interprets the statute to include purely fictional material even when no real children were involved in its production.
The definitive Supreme Court of Canada decision, R. Section 163.1 of the Code, enacted in 1993, defines child pornography to include "a visual representation, whether or not it was made by electronic or mechanical means", 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 "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".
Main article: Child pornography laws in CanadaĬanadian laws addressing child pornography are set out in Part V of the Canadian Criminal Code, dealing with Sexual Offences, Public Morals and Disorderly Conduct: Offences Tending to Corrupt Morals. Again, the classification law is not federal or nationwide and only applies to South Australia. Criteria described stated "small breasts" as one of few examples, leading to the outrage. Controversy arose over the perceived ban on small-breasted women in pornography after a South Australian court established that if a consenting adult in pornography were "reasonably" deemed to look under the age of consent, then they could be considered depictions of child pornography. The NSW Supreme Court upheld a Local Court decision that the animated Simpsons characters "depicted", and thus "could be considered", real people. In December 2008, a man from Sydney was convicted of possessing child pornography after sexually explicit pictures of child characters from The Simpsons were found on his computer. Main article: Child pornography laws in AustraliaĪll sexualized depictions of people under the age of 18 are illegal in Australia, and there is a "zero-tolerance" policy in place. The countries listed below exclude those that ban any form of pornography, and assume a ban on real child pornography by default. Currently, countries that have made it illegal to possess (as well as create and distribute) sexual images of fictional characters who are described as or appear to be under eighteen years old include New Zealand, Australia, Canada, South Africa, South Korea, and the United Kingdom. Laws have been enacted to criminalize "obscene images of children, no matter how they are made", typically under the belief that such materials may incite real-world instances of child sex abuse. Some analysts have argued whether or not cartoon pornography that depicts minors is a victimless crime. "Fictional pornography depicting minors", as covered in this article, includes these latter two categories, whose legalities vary by jurisdiction, and often differ with each other and with the legality of real child pornography. Virtual child pornography depicts purely-fictional characters (for example, lolicon manga). Pseudo-photographic child pornography is produced by digitally manipulating non-sexual images of real children to create pornographic material.
Laws against production, distribution and consumption of child pornography generally separate images into three categories: real, pseudo, and virtual. Legal frameworks around fictional pornography depicting minors vary depending on country and nature of the material involved. For broader coverage of this topic, see Legality of child pornography.
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