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Notes
Due to its frequent use, “fictional child pornography” is referred to consistently by Al-Alosi as “FCP”. Thus, this review will employ the same approach.
While Japanese laws are not a subject of the overall analysis, Al-Alosi clarifies that it was necessary to describe Japanese fantasy materials because they are consumed by large Western audiences and may be subject to Western laws prohibiting fictional pornography.
Such harms include the normalization of grooming, apprehension that such material may encourage real child abuse, and a potential for the general public to become desensitized to the serious nature of real child abuse.
The Offense Principle factors consider (1) the magnitude of the offense, (2) the ability of unwilling witnesses to avoid being offended; and (3) whether the offense was voluntarily incurred. These three factors are then weighed against (1) the importance of the offending conduct, (2) the availability of alternative times and places that the conduct would cause less offense; and (3) whether the offense is caused with spiteful motives.
Reference
Al-Alosi, H. (2018). The criminalisation of fantasy material: law and sexually explicit representations of fictional children. New York, NY: Routledge.
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Holloway, N.T. Hadeel Al-Alosi: The Criminalisation of Fantasy Material: Law and Sexually Explicit Representations of Fictional Children. J Youth Adolescence 50, 202–204 (2021). https://doi.org/10.1007/s10964-020-01334-7
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DOI: https://doi.org/10.1007/s10964-020-01334-7