THE CONCEPT OF 'HARM' IN COMPUTER-GENERATED IMAGES OF CHILD PORNOGRAPHY

摘要

The most compelling rationale behind child pornography law is based on the concept of harm. The concept of harm advanced by the attempt to regulate computer-generated images of child pornography extends to include purely attitudinal effects as well as behavioral effects. Analysis of supporting evidence and its use suggests not only that the empirical evidence is inconclusive and uncertain, but also that beliefs, feelings, and opinions about the discomfort regarding pornographic materials, rather than the knowledge of objective evidence of harm, are the central nexus to people's stance on the regulation of pornography. Anti-social effects of computer-generated images of child pornography may be mitigated by the recognized distinction between images and real conduct. The problem of distinguishing between reality and imagery is compounded in the context of computer-generated child pornography. It seems to be important to decide whether harm can be created by images themselves or only through conduct. Or maybe, obtaining so-called scientific knowledge, or any kind of knowledge regarding harm is less critical than coming up with an agreement as to what kind of harm will be recognized in the child pornography regime.