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Without really questoning what a "person" is, to get into a debate about abstract and concrete forms, etc. I firstly do not believe the example you have provided is a good counter example or fitting analogy given the intent of child pornography legislation, nor do I believe the material you describe should be illegal. There is first a key difference in the kind of material I am talking about. You are talking about propaganda, I am talking about even private possession of drawings. Further, I think that it depends on if the cartoon in your scenario acutally calls for violence, or if it is merely a scene drawn in disgusting taste. I would find it disgusting, as would many others - but does that mean it ought to be illegal? To distribute on the street perhaps, but what about privately on the Internet? Or publicly on the Internet? The key is intent. The intent of child pornography legislation is to prevent its circulation and production, for its production necessarily requires the abuse of a child, and market effects can demand more to be produced, necessitating more child abuse. As such I think it absurd to consider, for the purposes of child pornography legislation, a fictional character to be a "person". What harm is done by drawing on paper? What of keeping that paper to oneself in private? What of giving that paper to your friend? What of selling that paper for a price? What of giving it away for free? It would be strange, though I accept, that you want the propaganda you describe to be illegal to possess or share. I however cannot agree on that principle, for I view it as a violation of one's rights of freedom of expression. In the same way, illegalising a disgusting pornographic comic I believe is also an infringement. Finally there is no real victim being hounded in your example. There is no call to violence, threat etc. and I judge it hideous that one would prevent me from owning such material. |
In other words I think child pornography is a form of propaganda glorifying the sexual abuse of children.