This is somewhere between a rant and a stream of conciousness,… - Sally's Journal
|Date:||November 29th, 2005 02:18 pm (UTC)|| |
Hmm, I don't know, I hadn't really thought about it that much. I did say it was a stream of conciousness.
You're obviously right.
But at the same time if the problem is that people can access material that is causing them harm the problem is just as present if the image is on a porn website or the catalogue of an art gallery.
There tends to be some lower bound of punishment for doing a Bad Thing even if you have excuses. So if it is manslaughter instead of murder, there is still a crime of manslaughter. Obviously if good motivations for doing a bad thing can be understood, or if the bad thing was completely accidental, then the crime is less bad, but it tends to still be a crime - harm has still been caused. People can be prosecuted for hitting someone in their car and killing them, even if they never intended to hit a person. It seems odd that the act of making this material publically available is defined as harmful enough to be a crime when it is done in some contexts, but not harmful enough to be a crime in others.