Today, the Internet offers many facilities, but it also constitutes an open door to various abuses, notably child pornography. What is child pornography and how can we fight against this growing phenomenon? What remedies are available to victims and what about sanctions for the perpetrators of this crime? Melany Nagen, lawyer and lecturer in law at Middlesex University in Mauritius, sheds her light on these questions.
What is child pornography?
Child pornography, also known as child pornography, refers to any visual or written material that depicts children involved in explicit sexual activities. This includes photos, videos, drawings, animations, or any other type of visual representation showing minors involved in sexual activities. It is considered a form of violence against children, leading to serious violations of their fundamental rights and having profound and lasting consequences on their physical and psychological well-being. This is why the production, distribution, possession and viewing of this type of material is prohibited in most countries due to their harmful impacts on victims.
What are the impacts on victims?
- Children may experience serious emotional and psychological upheaval, including feelings of shame, guilt, fear, depression and post-traumatic stress disorder.
- Because child sexual abuse images or videos can circulate indefinitely on the Internet, this continually exposes victims to privacy violations and re-exploitation every time the material is viewed.
- They may be stigmatized and socially isolated, which can compound the traumatic effects of their abuse.
- Sexual exploitation and forced participation in child pornography can seriously disrupt children's emotional, social and physical development.
- Victims may suffer from depression and anxiety.
Thus, the recognition of child pornography as a form of violence against children is essential to develop effective policies and practices to prevent this exploitation. It is also necessary to protect victims and prosecute the perpetrators of this crime. International efforts with the United Nations and other global organizations that try to raise awareness and strengthen legal and institutional measures to combat this serious form of violence.
What legal remedies are available to us?
The fight against child pornography is a priority for Mauritius. There is the Brigade for the Protection of Minors, the Child Development Unit (CDU) and the Ministry of Gender Equality and Family Welfare, NGOs, such as Pedostop, which collaborate to identify and arrest the perpetrators of this crime. These various organizations also aim to protect children and provide assistance to victims.
To combat child pornography, Mauritius has also ratified the 1989 International Convention on the Rights of the Child. According to Article 19 of the same convention, “States shall take all appropriate measures to protect the child against all forms of violence.”
What are the sanctions ?
Any person who commits an offence under subsection 1 of section 21 of the Children's Act 2020 which specifically deals with child pornography, shall be liable on conviction (a) to imprisonment for a term not exceeding 20 years where the child victim is physically or mentally disabled and (b) in any other case, to imprisonment for a term not exceeding ten years.
What does the law say about child pornography?
Section 21 of the Children's Act 2020 deals specifically with child pornography. It criminalises the production, distribution, possession and access of child pornography images.
What about the impacts on society?
They are numerous and varied, affecting both the direct victims, their families and society as a whole.
- Physical injuries and trauma require prolonged medical care, which impacts society.
- Consequently, victims also experience academic difficulties and educational delays due to the emotional disturbances caused by the trauma.
- Abuse can harm victims' ability to form healthy relationships in the future.
At the family level, they may experience social stigmatization and be ostracized by their community due to the abuse suffered by their child. They may isolate themselves, driven by the desire to protect the victim.
Where are the problems located?
First, we are faced with technologies and platforms offering anonymous services that make it extremely difficult for law enforcement to track down individuals involved in child pornography.
Additionally, most platforms where posts disappear after a certain period of time, making it difficult to gather evidence and identify perpetrators. Furthermore, there are social networks that manage huge volumes of content, making manual detection of child pornography impractical. Similarly, automatic detection algorithms are not always sophisticated enough to target all child pornography images and videos, especially when they are hidden or coded. Given that the global nature of social networks allows for the rapid and massive dissemination of child pornography content, it makes complete removal almost impossible.
What the Ministry of Gender Equality and Family Welfare does
Child Welfare Officer (CWO) Jhoree Rattan explains what the Ministry of Gender Equality and Family Welfare is doing to assist victims of child pornography and how to raise awareness about the phenomenon.
When a case of child pornography is referred to the Child Development Unit (CDU), this unit works in collaboration with the Family Protection Brigade. She works for the well-being of the child and the family. However, the criminal aspects of the case are being handled by the Family Protection Brigade and the police.
The CDU also provides psychological support to the child and their family. If necessary, the child may be temporarily placed in a reception center for investigation.
The case is also referred to the reception center of the Mauritius Family Planning Welfare Association. There, the child and the family will continue to receive support.
The CDU regularly organises campaigns against child pornography in schools, colleges, youth centres, community centres, social centres, NGOs and through the media.
The CDU works closely with the National Children's Council (NCC). At the NCC, there is the project “Parents' Sharing Workshop”. During this workshop, they discuss sexual abuse and child pornography.
For the ministry, educating children, parents and the public about child pornography is very important in the fight against this phenomenon.
Why is child pornography growing on social media?
Several factors contribute to this phenomenon. First, social media offers easy accessibility and often a level of anonymity, allowing malicious individuals to share and consume illegal content without revealing their identity. They allow users to connect with people around the world, facilitating the rapid and widespread distribution of child pornography.
Next, you should know that some social media platforms host secret groups or communities where individuals share illegal content. These groups typically use sophisticated codes and methods to avoid detection, including coded hashtags, superimposed images, or disguised file formats to evade automated detection. This is why the use of technologies like encryption and ephemeral sharing platforms (where messages disappear after a certain period of time) make it more difficult for authorities to monitor and track illegal activities.
Additionally, some people use social media to monetize child pornography content, creating lucrative distribution networks that are motivated by profit. Additionally, moderation on social media is a constant challenge, especially with the enormous volume of content generated daily. Platforms often struggle to quickly identify and remove child pornography content.
What recourse is available to victims of child pornography?
They have several remedies. These are:
File a complaint at the police station in the area where the child pornography offense was committed.
The minor child must be accompanied by an adult to file a complaint. The case will then be referred to the Brigade for the Protection of Minors for the purposes of the investigation.
Victims or their parents can report cases of child pornography to the National Cybercrime Unit (NCU).
What support is offered to victims?
The Child Protection Act provides specific protections to child victims of sexual exploitation, including child pornography. Psychological and social support is provided by the Ministry of Gender Equality, Child Development and Family Welfare.
Several non-governmental organizations in Mauritius also work to protect children and support victims of sexual exploitation. They can provide psychological, social and legal support. Victims can also obtain legal assistance to bring perpetrators to justice. Lawyers specializing in child protection can be consulted.
How to combat this scourge?
Introducing stricter laws and tougher penalties for those who produce, distribute or consume child pornography can deter these activities. Additionally, there is a need to educate the public, including children, parents and educators, about the dangers of child pornography and how to report this crime to help combat this exploitation. Note that the government and NGOs regularly organize awareness programs to inform the public about the dangers of child pornography and prevention measures.
Additionally, collaboration between governments, law enforcement, NGOs, and technology companies is important to track and eliminate child pornography networks. Eventually, social networks can invest in advanced artificial intelligence and machine learning technologies to more effectively detect and remove child sexual abuse content.
Child pornography: implications and impacts
