Are Naked Children Art or Pornography - Essay Example

Student Name> Theoretical Analysis Naked Children: Children are innocent and naïve, who got less control over their life and decisions. They can be easily influenced and convinced by their elders and can do whatever they are asked for. So, it is obvious that if they are photographed naked, it does not mean that they like it. They may have regretted it when they grew up. Children are pictured naked for the sake of art, though this art is condemned in the whole world and is considered as an abuse and degrade for the children. Many parents like to photograph their young children naked and feel nothing awkward in this, but the problem arises when some sick minded people, or pedophiles pose children in a way which can satisfy their sexual desires and many children are sexually abused during this whole process, especially when the sexual acts are being performed. The next step to abuse them is to distribute these photographs on the internet or any pornography magazine. Photographing children naked and then publishing these photographs in the name of art is highly criticized in the whole world. The supporters of portraying children naked give arguments to support their case. They argue that art cannot be flourished with restrictions and these kinds of restrictions are hurdle for the artists, which put constraints in the mind and work of the artist. According to them, this will end their freedom of expression and recognizing human body in a natural way is not wrong. So they feel no shame and nothing immoral in portraying children nude in the name of art. It is strongly believe that posing and publishing children naked is not an art but is pornography and is the creation of sick minded people who like to fanaticize their sexual desires with children. Posing children in a seductive manner and then displaying it in a magazine or any internet website, not only destroys their dignity but also make them feel ashamed and humiliated when they grow up. Those children feel humiliated for something which they never did and are done by someone else, because these children are not in an age to decide whether they want it done or not. Naked children’s photographs is not an art, it is pornography. These photographs are taken by the photographer, who takes dozens and sometimes hundreds of photographs in a day and after taking and developing them, he put it on display, so there is no artists and art involved in it. If it would be an art, then there should be an artist with his studio and his work, and he or she should concentrate fully on THE PICTURE, but it is not an art, it is photograph and the true word for this is pornography, which is illegal for children because they are too young to do this. These children cannot make any decision of their own, so it cannot be said that they are doing it for their own will and according to their own choice. Child pornography not only comprises of the pictures but also the videos which shows naked children engaged in the act of sex and erotica1. Sometimes they are shown being sexually abused and raped. It is a threat to the civil society as the child pornography is turning into a million dollar industry and its customers are increasing day by day because of the widespread use internet. Photographs and videos can be shared easily and quickly with the help of internet. As the technology evolves, the child pornography is also spreading rapidly. Digital cameras are getting cheaper and internet is very common and everyone can use it easily. So the production and distribution of child pornography is on rise and is spreading throughout the world as there is no hurdle of borders in the internet. There is a less chance for the producers of pornography to be caught, because they are using internet instead of government postal services. According to a study, one fifth of all Internet pornography consists of children pornography and law enforcing agencies are working hard to keep a track of this2. Child pornography is being simulated by the use of computers and like this; people are making child pornography without the involvement of children. Adults are posed in some sexual acts and are then simulated as children. This is legal in some countries like United States but is illegal in European Union. In Australia, under the Schedule 5 of the Broadcasting Services Act 1992, it is stated that adults are free to hear, see and read whatever they want to, but children should be protected from any unethical material till they reach the legal adulthood. This measure is taken in order to avoid any negative affect on their morality and innocence. So, it could be believed that Child Pornography, like all other countries, is not at all acceptable in Australia. Recently, a nude picture of a six year old girl on a magazine’s cover raised the need to draw a line between art and pornography. Portraying nude children cannot be called an art, because it is degrade to children and to their modesty. Australian Prime Minister condemned this act forcefully, “The Prime Minister has said he cannot stand the picture and federal Arts Minister Peter Garrett has said the magazine was being needlessly provocative.”3 Though, most of the photographs do not involve children in this abusive act but, however, still it will feed the desire the pedophiles and these sick minded people will find other ways to fulfill their inhuman desires. The producers and distributors of child pornography do not necessarily look for the children of a particular age; children with all ages could be abused in this process, including infants. Thousands of children worldwide are the victim of child pornography, which shows how strong the producers are and how less is there chance to be caught in this. "While impossible to obtain accurate data, a perusal of the child pornography readily available on the international market indicates that a significant number of children are being sexually exploited through this medium."4 These heartless creatures are exploiting and abusing as little children as infants and toddlers. These children are not only been photographed in sexy and seductive manner but are also rapped by these people, "These guys are raping infants and toddlers. You can hear the child crying, pleading for help in the video. It is horrendous."5 This industry is now getting popular and the main reason behind this is the massive access to Internet all over the world, this means that child abuse and rape cases are increased too. More children are brought in for the production of pornographic material and are abused and exploited. It is an organized crime, which is done with the collaboration of producer, distributor, seller and buyer. All of them know where they can get their demand and producer knows how to increase its supply. This is sometimes known as “sex rings”. A feminist perspective on Child Pornography United States constitution provides the freedom of expression and freedom of speech, so pornography is not illegal in US. Though in the beginning and even now, it is opposed by conservatives, due to the moral values and family values, even in the nineteenth century, some feminists mark their objections on pornography as they consider as violence against women and a way to oppress females in the society as they are posed in the sexual acts only to satisfy the lust of people. Child pornography is not at all acceptable in the law and is always treated harshly in the history. Courts have always tried to save children from this abusive act and New York court went even further in maintaining a state law, which prohibits the possession and also viewing of child pornography (Osborne v. Ohio, 495 U.S. 103, 110 S. Ct. 1691, 109 L. Ed. 2d 98). In 1980’s, some feminists challenged the court and also criticized the way Supreme Court structured the legal debate involving the First Amendment. A law professor, Catharine A. Mackinnon and a writer, Andrea Dworkin, demanded that women should be allowed to sue the pornographer. And they held this stand as their Civil Right, because women will sue for the damage which could be done to her and they convinced the Indianapolis to pass an ordinance against pornography which contains, “a discriminatory practice based on sex which denies women equal opportunity in society”. The ordinance also contains, “the graphic sexually explicit subordination of women, whether in pictures or words”. According to the ordinance, the production, sale and exhibition of pornographic material is against the law and anyone who get injured or get harmful by someone who had seen or read any pornographic material reserved the right to sue the produce or seller of pornographic material. The child pornography also comes under the First Amendment of the constitution. In today’s world, most of the feminists are in favor of pornography and they consider it as a pleasure for women as well, though some of them consider it as an exploitation of women and their bodies. Many of the feminists do not include child pornography in the definition of pornography, though the feminists discussed earlier, MacKinnon and Dworkin do consider child pornography as a part of pornography. Feminists do not include child pornography in the mainstream pornography films and pictures. Most of them hold the idea that children can never get involve in such acts as their own choice and they are too young for that they can never consent to such acts but they are mainly concerned about the women and not children. So a woman can get involved in these kinds of acts but not children, according to some feminists. And these feminists also believe that usually women do not act in pornography films and photographs but only when they are in a need of money and their economical, social or political circumstance make them work like this. These feminists believe that women are forced to work in a pornographic movie and they usually do not cauterize the children with this. The feminists have usually brought up the issue of pornography and have argued over it. However, there is not much working done to stop child pornography by the feminists, which is not fair. Feminists could have at least condemned this issue and would have highlighted this in the media, as it is not only a serious issue but is a threat for the civil society. The feminists like MacKinon and Dworkin projected the issue of child pornography and have linked this criminal act with the rape and adult pornography. But most of the feminists in the modern world consider MacKinon and Dworkin as a bit emotional and they are anti-pornography, however, our modern day feminists are pro-pornography. And also they do not pay much attention and hardly highlights the issue of child pornography, as they are busy in their own agendas and demands to highlight child pornography. A postmodern perspective on Child Pornography: Postmodern believes in postmodernism, which is a new term, in art, literature, philosophy, architecture etc. as it is clear from the name, that they believe in ‘after the modern’. The Postmodernism is used in the critical theory and this theory mainly refers to different tips that are used in the departure of literature, media, architecture etc., which were common in the late twentieth century. Postmodernism started as a reaction of the modernism in twentieth century. Western European disillusionment got a great influence and impression on postmodernism, which was encouraged during the World War II. This is referred as a state of something, for example, intellectual, artistic or literature, which lacks the clear central hierarchy. These things also do not have much organizing principles and diversity in it and it gave rise o fraudulence. It is the responsibility of the whole society to decide about the behavior with children. We cannot put responsibility on the shoulders of one group or authority, the whole society is responsible for this. Talking in this regard, the need of time is to learn what kind of behavior makes people into the hilarious act of child pornography production and distribution. These kinds of studies are common in European countries like Sweden and England. The postmodern believe on the relationship building and in this way they are willing to change the fate of the society. To know the reasons for the unacceptable behavior towards children, postmodernists are intended to survey people and want to know where the problem actually lies. People usually find it difficult to accept a postmodern approach in any regard, but this problem can be solved by building the relationship between different parts of our society, because the accused and the victim both are living in the same society. Postmodernists believe that stressing upon the importance of consensus in decision making does not less the importance of effective and ethical relationships in the society. Works Cited Author. Title. City: Publisher, year. 1. Bielskis, Andrius (2005) Towards a Postmodern Understanding of the Political: From Genealogy to Hermeneutics (Palgrave Macmillan, 2005) 2. Claire Milner, Ian O'Donnel. (2007). Child Pornography: Crime, computers and society. Willan Publishing, p123. 3. Grebowicz, Margaret (ed.), Gender After Lyotard. NY: Suny Press, 2007 4. Hobbs, Christopher James; Helga G. I. Hanks, Jane M. Wynne (1999). Child Abuse and Neglect: A Clinician's Handbook. Elsevier Health Sciences, 328. ISBN 0443058962. “"Child pornography is part of the violent continuum of child sexual abuse"” 5. Spector, Jessica, ed. Prostitution and Pornography: Philosophical Debate about the Sex Industry. Stanford: Stanford University Press, 2006. Read More