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The regulation of pornography has always been a contentious issue,
which has sparked wide-ranging debates surrounding the
acceptability and place of pornography in society. The use of the
internet to distribute and access pornography has magnified this
debate and has presented a number of challenges for the law in
terms of effective and proportionate regulation. Following
unsuccessful attempts by states to transpose traditional laws to
cyberspace, a new and radical regulatory framework eventually
evolved for regulating internet pornography. In this process, the
focus of the law has changed from merely controlling the
publication and distribution of obscene material to a model that
aims to deter private consumption of illegal content. In addition,
various self- and co-regulatory initiatives have been introduced
with the involvement of non-state actors, imposing a certain degree
of de facto liability on intermediaries, all of which raise
interesting issues. This book examines the relevant regulatory
responses to internet pornography, with particular reference to the
UK, but also drawing comparisons with other countries where
relevant. It argues that the internet has fundamentally, and in
many ways irreversibly, changed the regulation of pornography.
Classifying internet pornography into three broad categories -
child pornography, extreme pornography, and adult pornography - the
book provides an in-depth analysis of the legal issues involved in
regulating internet pornography, and argues that the notions of
obscenity and indecency on their own will not provide an adequate
basis for regulating online pornography. The book identifies the
legitimising factors that will lend credibility and normative force
to the law in order to successfully regulate pornography in
cyberspace. It is the only comprehensive text that rigorously
addresses the regulation of internet pornography as a whole, and
offers valuable insights that will appeal to academics, students,
policy makers, and those working in the areas of broader internet
governance and online child protection.
The regulation of pornography has always been a contentious issue,
which has sparked wide-ranging debates surrounding the
acceptability and place of pornography in society. The use of the
internet to distribute and access pornography has magnified this
debate and has presented a number of challenges for the law in
terms of effective and proportionate regulation. Following
unsuccessful attempts by states to transpose traditional laws to
cyberspace, a new and radical regulatory framework eventually
evolved for regulating internet pornography. In this process, the
focus of the law has changed from merely controlling the
publication and distribution of obscene material to a model that
aims to deter private consumption of illegal content. In addition,
various self- and co-regulatory initiatives have been introduced
with the involvement of non-state actors, imposing a certain degree
of de facto liability on intermediaries, all of which raise
interesting issues. This book examines the relevant regulatory
responses to internet pornography, with particular reference to the
UK, but also drawing comparisons with other countries where
relevant. It argues that the internet has fundamentally, and in
many ways irreversibly, changed the regulation of pornography.
Classifying internet pornography into three broad categories -
child pornography, extreme pornography, and adult pornography - the
book provides an in-depth analysis of the legal issues involved in
regulating internet pornography, and argues that the notions of
obscenity and indecency on their own will not provide an adequate
basis for regulating online pornography. The book identifies the
legitimising factors that will lend credibility and normative force
to the law in order to successfully regulate pornography in
cyberspace. It is the only comprehensive text that rigorously
addresses the regulation of internet pornography as a whole, and
offers valuable insights that will appeal to academics, students,
policy makers, and those working in the areas of broader internet
governance and online child protection.
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