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- Title
WHO IS HARMED BY FANTASY? A DELIBERATIVE DEMOCRATIC AND CHARTER ANALYSIS OF CANADA'S CHILD PORNOGRAPHY LAW.
- Authors
Hansen, Emily
- Abstract
This paper interrogates the breadth, necessity, and collateral effects of Canada's child pornography law, as contained in the Criminal Code. The author argues that the inclusion of "fantasy" images in the definition of child pornography is over-inclusive, and considers that this may make die law illegitimate and discriminatory. She proposes that this over-inclusive definition arises from the conflation of a particular type of sexual desire with harm to children. The author draws loosely on deliberative democratic theory to structure her analysis of the law's legitimacy, and uses Charter analysis to both critique the current law and suggest means of addressing the law's potentially discriminatory character. The author does not support or promote sexual abuse or exploitation of children, nor does she suggest that child pornography should be wholly de-regulated or de-criminalized.
- Publication
Dalhousie Journal of Legal Studies, 2016, Vol 25, p25
- ISSN
1188-4258
- Publication type
Article