During recent negotiations of a new
international cybercrime treaty at the UN ,
Western countries, led by the United States and the European Union, have
proposed decriminalizing certain forms of child pornography .
Among these exceptions, pornographic material that represents fictitious
minors or those generated by artificial intelligence stands out ,
covering topics such as manga and doujinshi.
Western countries argue that minors who share
sexualized images of themselves, even with adults, should not be penalized,
arguing that they have a “right to develop sexual relationships.” This position
has generated controversy, especially because the proposal also
suggests that self-generated material within the framework of consensual
relationships should not be considered a crime if it is kept for
private use.
A delegate from Austria explained the Western
perspective clearly: “ Minors over 14 years of age have the right to
develop sexual relations. It is our conviction that images produced in the
course of a legal and voluntary relationship should not be criminalized .”
Germany supported this position by stating that these exceptions represent “the
bare minimum” to subscribe to the treaty.
However, a bloc of 22 countries, led by
Syria, strongly opposes these exceptions , arguing that
they undermine the purpose of the convention, which is to protect children.
These countries, including Russia, China, Pakistan and Saudi Arabia ,
maintain that the decriminalization of fictitious child pornography and
practices such as “sexting” between minors could generate “impunity for
sexual abusers . ”
The Western proposal has been defended by
organizations such as Human Rights Watch, which considers that without
these exceptions there is a risk of criminalizing legitimate expressions of art
and literature that represent fictitious individuals . This position
has been criticized by detractors of the treaty, who warn that the
decriminalization of these representations could pave the way for greater
exploitation of minors.
The future of the treaty remains uncertain, with
countries divided between those seeking to maintain current international child
protection standards and those advocating for greater flexibility in
the treatment of fictional or self-generated materials.
