Wednesday, 8 April 2009

Child porn and prosecution policy: bias charges?

The story is problematic for several reasons:

1.1) the charges, as reported below, should never have existed as the image is not even pornographic - this is purely a legal argument/point

1.2) the charges should not have been started either given the context of the case. The principal is the one who has ordered the investigation; his employee reported it and obviously the student's mother had an interest in damaging his reputation. Because he was a man, it was easy to label him (and libel). That the prosecutors refused to see the context and proceeded with the charges is contrary to any good policy of prosecution - that the policy argument/point

2) the background of the case is those children/teenagers sending photos of themselves or others nude via mobile phones. Two issues: what kind of society are we where it is viewed as trendy to be exposed nude to everybody? I am not prude, but frankly, I don't see the point; the offence of child porn is protect children against adults: can it be to protect children against themselves?

"School Administrator Accused Of Child Porn Because He Investigated Sexting At School" (TechDirt, 6 April 2009)

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