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News from the field

USA: Supreme Court confirms act against the distribution of child pornography

Published on: 21.05.08
Source: heise online

An act of parliament against dissemination of child pornography which was passed in 2003 by the congress of United States of America (USA) has now been finally confirmed by the US-Supreme Court. On the basis that the right to freedom of expression is not limited by the act, the Supreme Court had no objections against the terms called "Protect Act".

The act intends sentences for all persons, who advertise consciously illegal material (even if the material does not exist). Against this background, in 2004 an US citizen was sentenced to five years of arrest, because he had published "good images" of his four year old daughter within an Internet Chat. Furthermore he addressed an undercover agent with a link to a porn offer; in his apartment 22 images with sexual illustrations of minors have been found. He appealed against the court decision with the argumentation that the law was going too far, because theoretically it would include ads with naked bathing babies too. He succeeded, but now seven of the nine judges of the Supreme Court stated the concerns are unrealistic.

Please read the statement of the Supreme Court in a PDF version here.


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