Protesters are seeking to ban a manga exhibition that is opening this week in a Danish museum due to its depiction of fictional children in a sexual manner.

The gallery opened at Kunsthallen Brandts' media museum in the city of Odense. It contains erotic manga such as Taro Shinonome's Swing Out Sisters, Kondom's Bondage Fairies, and Tuna Empire's The Spirit of Capitalism.

The Danish Psychological Association and members of the Social Democrats party have spoken against the exhibition.

Christian Hviid Mortensen, the curator of Kunsthallen Brandts, said no pictures show explicit sexual acts, and the point of the exhibition was to encourage a debate and question the power of media. I have to admit that I myself was shocked at how extreme this genre is, and how deranged the imaginations are in this universe, Mortensen said according to The Copenhagen Post newspaper: But we're not showing the works for the sake of displaying child pornography. We're looking for a debate on the issue. So if people are offended by it then they should by all means speak out and say so.

Denmark is the only Scandinavian country where sexual depictions of fictional children is permissible, but the Social Democrats proposed a ban in April.

Sweden's Pirate Party leader, Rick Falkvinge has said that child pornography should be allowed in cartoons but this stance has been roundly criticised by the press.

The law should focus on 'real criminals' abusing children, he's quoted as saying, But We want to be extremely clear in that we do not want to legalize any form of the handling of child pornography.

He expressed regret over comments made in an interview with Sveriges Radio's Ekot news programme admitting he expressed himself clumsily.

The debate arose when a man was convicted for the possession of animated comics, Falkvinge says in The Local: In an open society you can not forbid someone from drawing their fantasies. That is our main point in the issue, that we can not have thought crimes in Swedish law.

Meanwhile, Pirate Party vice-chair Anna Troberg says The current law is wasting resources chasing pretend criminals and should be focusing on real child pornography, with real children involved, not manga comics, holiday pictures and so on. The problem is that they focus on the pictures and not the victims and waste masses of resources, she states.

A Swedish translator of Japanese manga comics has been fined by a Swedish court for possession of drawings depicting children engaged in sexual acts.

The ruling is the first of its kind in Sweden and has sparked a heated censorship debate.

The translator at the centre of the case was found guilty of possessing child pornography after downloading 51 manga images from the internet.

Judge Nils Pålbrant conceded that the decision to fine the translator, though unanimous, had raised a number of thorny issues.

There's a clear conflict between freedom of speech on the one hand and general regulations regarding children's rights on the other, he told local newspaper Upsala Nya Tidning: It was however our view that the protective aspect weighed more heavily when taking into account the intentions of the legislator. The aim of the law, as described in the preliminary work that led to its creation, is not just to protect individual children but children in general.

But the case has polarized opinion in Sweden. In an editorial published on Thursday, tabloid Expressen gave its backing to the translator: However unpleasant and nasty a work of fiction might be, and whatever one thinks about Japanese porn involving cartoon children, there is actually no victim here. The children in the Uppland man's manga comics were not molested since they were characters in a comic.

The translator's lawyer, Leif Silbersky, expressed surprise at the June 30th ruling and has lodged a formal appeal on behalf of his client: It goes against all common sense. These are just drawings; no children have been harmed.

Judge Pålbrant said he too would welcome a second opinion from the Court of Appeal due to the precedential nature of the case.

The BBC and the British Museum could be in a tight spot if the legal system puts two and two together over a Roman cup which also puts two and two together... in a naked, underage sort of way.

A Radio 4 series, entitled The History of the World in 100 Objects, features the Warren Cup, a luxurious silver cup believed to have been used at Roman dinner parties.

According to the Beeb's description of this objet d'art: One side shows two teenage boys making love, while the other shows a young man lowering himself onto the lap of his elder, bearded lover. A slave-boy peers in voyeuristically from behind a door.

The problem with this image lies in the recently commenced Cartoon Law, aka s. 62 of the Coroners and Justice Act 2009, which makes it an offence to possess depictions of the performance by a person of an act of intercourse or oral sex with or in the presence of a child.

...Read full article

In June 2009 the Ministry of Justice asked us to extend our national Hotline to enable the public to report online non-photographic visual depictions of the sexual abuse of children, covered by Sections 62 to 69 of the Coroners and Justice Act 2009.

Following consultation with our Funding Council of industry members, in October 2009 the IWF Board informed government of our agreement to fulfil this role from 6 April 2010.

This means the public can report non-photographic visual depictions, such as computer-generated images, of the sexual abuse of children to the IWF if they are on a UK website. The legislation should only catch material which is already illegal to publish here under the Obscene Publications Act 1959.

The IWF will take further action to have this content removed, in partnership with the police and the hosting provider, if it is hosted in the UK and if we consider it meets all three of the following criteria:

1) That the image is pornographic;
2) That the image is grossly offensive, disgusting, or otherwise of an obscene character;
3) That the image focuses solely or principally on a child's genitals or anal region, or portrays any of the following acts:

a) the performance by a person of an act of intercourse or oral sex with or in the presence of a child
b) an act of masturbation by, of, involving or in the presence of a child
c) an act which involves penetration of the vagina or anus of a child with a part of a person's body or with anything else
d) an act of penetration, in the presence of a child, of the vagina or anus of a person with a part of a person's body or with anything else
e) the performance by a child of an act of intercourse or oral sex with an animal (whether dead or alive or imaginary)
f) the performance by a person of an act of intercourse or oral sex with an animal (whether dead or alive or imaginary) in the presence of a child.

Key points

1. Our role regarding non-photographic visual depictions of child sexual abuse, such as computer-generated images, comprises an extension to our remit as follows:

• child sexual abuse images hosted anywhere in the world
• criminally obscene adult content hosted in the UK
• incitement to racial hatred content hosted in the UK
• non-photographic child sexual abuse images hosted in the UK.

2. The IWF will only address reports concerning such images when they are hosted on UK websites.

3. On those rare occasions where such images are believed to be criminal and are depicted on a website hosted in the UK we will work in partnership with the hosting provider and the police to remove the content and provide information to assist investigations into its distribution.

4. Our industry members can refer to the IWF as a point of expertise for advice on whether such images on their networks are potentially criminal and should be considered for investigation by the police.

5. We will not be compiling a list of websites or URLs depicting these images to enable service providers to block access to them.

6. The IWF has no role in the direct investigation of those involved in the distribution or possession of this content.

7. IWF analysts train with the police regarding the assessment of potentially criminal content.

Further information

• For the relevant sections (62-69) of the Coroners and Justice Act 2009, see: www.opsi.gov.uk/acts/acts2009/ukpga_20090025_en_5#pt2-ch2-pb1-l1g62.
   
• For the Ministry of Justice guidance on the implementation of provisions in the Coroners and Justice Act 2009, see Annex A  of:
  www.justice.gov.uk/publications/coroners-justice-act-key-provisions-circular.htm

Comment: Not So Dangerous in Scotland

3rd May 2010. Thanks to Angelus

First, why is it that the IWF will not add sites containing non-photographic visual depictions of the sexual abuse of children (or drawings, as we used to call them in the old days) to its watchlist? Are they any less illegal than other types of child pornography?

Second, in regard to their remit to help remove such images in the UK, has it escaped the IWF's notice that these images are still perfectly legal to possess and distribute in Scotland?

A new law has come into force on 6th April 2010 banning sexual cartoons and drawings featuring children.

Part 2 Chapter 2 of the Coroners and Justice Act 2009 prohibits the possession of non-photographic pornographic images of children. See also explanatory notes

Coroners and Justice Act 2009. Part 2 Chapter 2

Section 62 Possession of prohibited images of children

[Key points extracted by the Melon Farmers, See Part 2 Chapter 2 of the Coroners and Justice Act 2009 for the full text]

(1) It is an offence for a person to be in possession of a prohibited image of a child.

(2) A prohibited image is an image which—

(a) is pornographic, ie if it is of such a nature that it must reasonably be assumed to have been produced solely or principally for the purpose of sexual arousal.
(b) falls within subsection (6), and
(c) is grossly offensive, disgusting or otherwise of an obscene character.

Note that photographic and near photographic images are not covered by this law as they are already prohibited by other more serious laws.

(6) An image falls within this subsection if it—

(a) is an image which focuses solely or principally on a child's genitals or anal region, or
(b) portrays any of the acts:

(a) the performance by a person of an act of intercourse or oral sex with or in the presence of a child;
(b) an act of masturbation by, of, involving or in the presence of a child;
(c) an act which involves penetration of the vagina or anus of a child with a part of a person's body or with anything else;
(d) an act of penetration, in the presence of a child, of the vagina or anus of a person with a part of a person's body or with anything else;
(e) the performance by a child of an act of intercourse or oral sex with an animal (whether dead or alive or imaginary);
(f) the performance by a person of an act of intercourse or oral sex with an animal (whether dead or alive or imaginary) in the presence of a child.

63 Exclusions

An image which forms the whole or part of a classified work is excluded from the prohibition. [Albeit with exceptions where images are separated from justifying context]

64 Defences

(a) that the person had a legitimate reason for being in possession of the image concerned;
(b) that the person had not seen the image concerned and did not know, nor had any cause to suspect, it to be a prohibited image of a child;
(c) that the person—

(i) was sent the image concerned without any prior request having been made by or on behalf of the person, and
(ii) did not keep it for an unreasonable time.

65 Meaning of image and child

(2) Image includes—

(a) a moving or still image, or
(b) data which is capable of conversion into an image.

(5) Child means a person under the age of 18.

An image of a child is where:

(a) the impression conveyed by the image is that the person shown is a child, or
(b) the predominant impression conveyed is that the person shown is a child despite the fact that some of the physical characteristics shown are not those of a child.

66 Penalties

(a) on summary conviction [at a magistrate's court], imprisonment for a term not exceeding 12 months in England and Wales and 6 months Northern Ireland or a fine not exceeding the statutory maximum, or both;
(b) on conviction on indictment [at a crown court], imprisonment for a term not exceeding 3 years or a fine, or both.

Part 2 Chapter 2 of the Coroners and Justice Act 2009 prohibits the possession of non-photographic pornographic images of children.

The clauses were passed into law on the 12th of November 2009 and came into force on 6th April 2010.

Coroners and Justice Act 2009

Part 2 Chapter 2

Section 62 Possession of prohibited images of children

(1) It is an offence for a person to be in possession of a prohibited image of a child.

(2) A prohibited image is an image which—

(a) is pornographic,
(b) falls within subsection (6), and
(c) is grossly offensive, disgusting or otherwise of an obscene character.

(3) An image is pornographic if it is of such a nature that it must reasonably be assumed to have been produced solely or principally for the purpose of sexual arousal.

(4) Where (as found in the person's possession) an image forms part of a series of images, the question whether the image is of such a nature as is mentioned in subsection (3) is to be determined by reference to—

(a) the image itself, and
(b) (if the series of images is such as to be capable of providing a context for the image) the context in which it occurs in the series of images.

(5) So, for example, where—

(a) an image forms an integral part of a narrative constituted by a series of images, and

(b) having regard to those images as a whole, they are not of such a nature that they must reasonably be assumed to have been produced solely or principally for the purpose of sexual arousal, the image may, by virtue of being part of that narrative, be found not to be pornographic, even though it might have been found to be pornographic if taken by itself.

(6) An image falls within this subsection if it—

(a) is an image which focuses solely or principally on a child's genitals or anal region, or
(b) portrays any of the acts mentioned in subsection (7).

(7) Those acts are—

(a) the performance by a person of an act of intercourse or oral sex with or in the presence of a child;
(b) an act of masturbation by, of, involving or in the presence of a child;
(c) an act which involves penetration of the vagina or anus of a child with a part of a person's body or with anything else;
(d) an act of penetration, in the presence of a child, of the vagina or anus of a person with a part of a person's body or with anything else;
(e) the performance by a child of an act of intercourse or oral sex with an animal (whether dead or alive or imaginary);
(f) the performance by a person of an act of intercourse or oral sex with an animal (whether dead or alive or imaginary) in the presence of a child.

(8) For the purposes of subsection (7), penetration is a continuing act from entry to withdrawal.

(9) Proceedings for an offence under subsection (1) may not be instituted—

(a) in England and Wales, except by or with the consent of the Director of Public Prosecutions;
(b) in Northern Ireland, except by or with the consent of the Director of Public Prosecutions for Northern Ireland.

63 Exclusion of classified film etc

(1) Section 62(1) does not apply to excluded images.

(2) An excluded image is an image which forms part of a series of images contained in a recording of the whole or part of a classified work.

(3) But such an image is not an excluded image if—

(a) it is contained in a recording of an extract from a classified work, and
(b) it is of such a nature that it must reasonably be assumed to have been extracted (whether with or without other images) solely or principally for the purpose of sexual arousal.

(4) Where an extracted image is one of a series of images contained in the recording, the question whether the image is of such a nature as is mentioned in subsection (3)(b) is to be determined by reference to—

(a) the image itself, and
(b) (if the series of images is such as to be capable of providing a context for the image) the context in which it occurs in the series of images;

and section 62(5) applies in connection with determining that question as it applies in connection with determining whether an image is pornographic.

(5) In determining for the purposes of this section whether a recording is a recording of the whole or part of a classified work, any alteration attributable to—

(a) a defect caused for technical reasons or by inadvertence on the part of any person, or
(b) the inclusion in the recording of any extraneous material (such as advertisements),

is to be disregarded.

(6) Nothing in this section is to be taken as affecting any duty of a designated authority to have regard to section 62 (along with other enactments creating criminal offences) in determining whether a video work is suitable for a classification certificate to be issued in respect of it.

(7) In this section—

classified work means (subject to subsection (8)) a video work in respect of which a classification certificate has been issued by a designated authority (whether before or after the commencement of this section); *

classification certificate and video work have the same meaning as in the Video Recordings Act 1984 (c. 39); *

designated authority means an authority which has been designated by the Secretary of State under section 4 of that Act; *

extract includes an extract consisting of a single image; *

pornographic has the same meaning as in section 62; *

recording means any disc, tape or other device capable of storing data electronically and from which images may be produced (by any means).

(8) Section 22(3) of the Video Recordings Act 1984 (effect of alterations) applies for the purposes of this section as it applies for the purposes of that Act.

64 Defences

(1) Where a person is charged with an offence under section 62(1), it is a defence for the person to prove any of the following matters—

(a) that the person had a legitimate reason for being in possession of the image concerned;
(b) that the person had not seen the image concerned and did not know, nor had any cause to suspect, it to be a prohibited image of a child;
(c) that the person—

(i) was sent the image concerned without any prior request having been made by or on behalf of the person, and
(ii) did not keep it for an unreasonable time.

(2) In this section prohibited image has the same meaning as in section 62.

65 Meaning of image and child

(1) The following apply for the purposes of sections 62 to 64.

(2) Image includes—

(a) a moving or still image (produced by any means), or
(b) data (stored by any means) which is capable of conversion into an image within paragraph (a).

(3) Image does not include an indecent photograph, or indecent pseudo-photograph, of a child.

(4) In subsection (3) indecent photograph and indecent pseudo-photograph are to be construed—

(a) in relation to England and Wales, in accordance with the Protection of Children Act 1978 (c. 37), and
(b) in relation to Northern Ireland, in accordance with the Protection of Children (Northern Ireland) Order 1978 (S.I. 1978/1047 (N.I. 17)).

(5) Child, subject to subsection (6), means a person under the age of 18.

(6) Where an image shows a person the image is to be treated as an image of a child if—

(a) the impression conveyed by the image is that the person shown is a child, or
(b) the predominant impression conveyed is that the person shown is a child despite the fact that some of the physical characteristics shown are not those of a child.

(7) References to an image of a person include references to an image of an imaginary person.

(8) References to an image of a child include references to an image of an imaginary child.

66 Penalties

(1) This section has effect where a person is guilty of an offence under section 62(1).

(2) The offender is liable—

(a) on summary conviction, to imprisonment for a term not exceeding the relevant period or a fine not exceeding the statutory maximum, or both;
(b) on conviction on indictment, to imprisonment for a term not exceeding 3 years or a fine, or both.

(3) The relevant period means—

(a) in relation to England and Wales, 12 months;
(b) in relation to Northern Ireland, 6 months.

67 Entry, search, seizure and forfeiture

(1) The following provisions of the Protection of Children Act 1978 (c. 37) apply in relation to prohibited images of children as they apply in relation to indecent photographs of children (within the meaning of that Act)—

(a) section 4 (entry, search and seizure);
(b) the Schedule (forfeiture of photographs).

(2) The following provisions of the Protection of Children (Northern Ireland) Order 1978 (S.I. 1978/1047 (N.I. 17)) apply in relation to prohibited images of children as they apply in relation to indecent photographs of children (within the meaning of that Order)—

(a) Article 4 (entry, search and seizure);
(b) the Schedule (forfeiture of photographs).

(3) In this section prohibited image of a child means a prohibited image of a child to which section 62(1) applies.

68 Special rules relating to providers of information society services

Schedule 13 makes special provision in connection with the operation of section 62(1) in relation to persons providing information society services within the meaning of that Schedule.

How the fuck are we expected to know how old she is?

The Statutory Instrument bringing into effect (among other things) the provisions of the Coroners and Justice Act regarding prohibited images of children has now been published.

The start date for these provisions will be April 6th 2010.

The Dangerous Cartoons clauses are found in Part 2 Chapter 2 of the Coroners and Justice Act 2009, also see explanatory notes.