Self-produced images, sexting, coercion and children’s rights

Abstract

Converging sources of data would suggest that the volume of images and videos which involve minors is increasing and places a burden on law enforcement in terms of victim identification as well as prosecution. The terminology used in relation to these activities is problematic, as reference to self-produced sexual images would seem to result in victim-blaming. While there is an acknowledgement that there are diverse motives in the creating and sharing of this content, in many jurisdictions these images are seen as meeting the criteria for illegality and may result in prosecutions under child pornography legislation. This potentially criminalises (or at least problematises) the consensual creation and sharing of sexually explicit content between minors. Concerns regarding this sit alongside growing disquiet that this disregards children’s rights to sexual autonomy and decision making.