Barnpornografibrott - En studie av skärpta åtgärder mot barnpornografi på Internet

Sammanfattning: In this study child pornography offence and more stringent measures against child pornography on the Internet are discussed. Furthermore, the study explores several ways and means of effectively combating child pornography. Thus, the intention with this essay is to consider various provisions that should be taken in order to achieve a more effective combating of child pornography on the Internet. In doing so, penal provisions that ought to be put in place in order to prevent the production and distribution of child pornography is analysed. Additionally, the existing European Union regulations are examined and provisions that have been suggested by the EU with the purpose to enable an increasingly effective eradication of child pornography are looked at. Moreover, possible ways of developing national, as well as international, policing strategies with regards to combating child pornography on the Internet, taking experiences from organisations supportive of this development into account, are discussed. Pornographic images involving children are generally the result of a child being photographed or filmed whilst being sexually abused. In recent years, the amount of available child pornographic material has increased, as a consequence of the Internet evolving. Most offences involving child pornography are related to the Internet, where the increasingly disturbing images easily can be distributed and shared. In addition, organised crime groups have found a lucrative market in this area. Hence, child pornography on the Internet has become a very complex international crime, which is best dealt with through effective laws as well as close cooperation between countries. The production and distribution of child pornographic images have been chargeable offences in Sweden since 1980. The regulation regarding child pornography is established in section 16 of the penal code, where offences against general order are stated. At present, virtually all handling of such images is prohibited apart from in exceptional circumstances. The offence carries a fine or a prison sentence of no more than six years. However, it is not illegal to watch material of child pornographic nature on ones computer. In the regulations relating to child pornography offence, there is no set limit stating at what age one is considered a child. Bearing this evidence in mind, it is clear that changes need to be made in current laws. In 2003, a framework decision on combating the sexual exploitation of children and child pornography was taken by the European Union in order to create certain common rules and legislations for all the member states. Sweden's laws are in accordance with the framework, in some circumstances even more stringent. Also within the EU, a convention on Cyber crime exists which aim at harmonise the criminal law of the member states, create procedural regulations and promote international cooperation between crime combating organizations. Hence, one of the matters included in the convention on Cyber crime, is child pornography offence. The convention has, however, not yet been ratified by Sweden. In the EU, there are suggestions of strengthening regulations regarding Internet crimes, and also proposals with a view to increase collaboration between the member states' authorities which are working towards preventing cyber crime. In 2005, the Government appointed an inquiry&semic 'The child pornography inquiry of 2005', which was commissioned to review the laws regarding child pornography. This scrutiny culminated in a report which was submitted to the Parliament for consideration. The report recommends for legislations regarding child pornography to be strengthened. Thus, this contemporary report is very significant to the intention with this study. Effective elimination of child pornography on the Internet demands, apart from rules and regulations, international and national collaboration among judicial authorities. Within the EU, national authorities are cooperating with Europol, Eurojust and Interpol. The aim of Europol, the international police force, is to support the EU member states in their fight against international organised crime. Eurojust, the European cooperative scheme for prosecutors, assists the member states' legal investigations after analysis have been made by Europol and Interpol. Interpol is the world's largest international police organisation and its purpose is to aid and support all activity targeting international crime. In Sweden, the National criminal investigation department is responsible for combating serious and organised crime across the borders. The police activity is, among other things, aimed at combating child pornography offences through the so-called child pornography group. This study shows that the underlying factors in achieving effective combating of child pornography on the Internet are reinforcement of Sweden's and EU:s current regulations concerning child pornography offence as well as increased national and international cooperation. The essential responsibility in the fight against child pornography lies with each member state's judicial authorities. Therefore, more resources should be allocated to the Swedish police so that the combating of child pornography can become more effective.