A NEW BILL is seeking to remove the term “child pornography” from Irish legislation and replace it with “child sexual exploitation material”. 

Independent Senator Eileen Flynn will address the Seanad today as her private members’ bill, The Child Trafficking and Child Sexual Exploitation Material (Amendment) Bill 2022, is debated.

If passed, the Bill would amend the language of the Child Trafficking and Pornography Act 1998, the Amendment Act of 2004, and any references to “child pornography” contained within Irish legislation.

Flynn said the phrase child pornography “does not truly reflect the nature of the abuse and it is unacceptable to continue to use such inappropriate language when referencing such an awful crime.”

“We can all think of words that have been used commonly in the recent past that would now be recognised as offensive and divisive. I would like to think that should these words, that are harmful to people, be within our laws, that we would not hesitate to amend and replace them. This is the case here,” she said.

She said the language currently being used in Irish legislation has been found to be harmful.

If this bill is successful, references to ‘child pornography’ within legislation will be replaced with the term ‘child sexual exploitation material’.

Not only is this important, it’s necessary. The language currently being used has been found to be harmful. pic.twitter.com/DhdgaVGuej

— Eileen Ní Fhloinn (@Love1solidarity) February 1, 2022

Flynn said the Bill has been guided by the Luxembourg Guidelines, which were drawn up in 2016 by ECPAT International, a global network of organisations that works to end the sexual exploitation of children.

“According to their report, which was conducted with the aid of a number of international bodies, including the UN, the term ‘child pornography’ is not only incorrect, it is dangerous,” she said.

“Why then is it dangerous, when our laws already provide measures against it? The reason is that what is occurring in these awful instances, is not pornography. It is abuse.”

Flynn referred to legislators using more appropriate terminology for abusive behaviour, such as “image based sexual assault” instead of “revenge porn”. 

“While that term is widely used and understood, the term ‘image based sexual assault’ not only better reflects the nature of the abuse and the crime, but it also shifts the focus on to the perpetrator and not the victim. I wish to do the same with this bill,” she said.

The term has long been considered problematic. In 2014, members of the Oireachtas called on then-Justice Minister Frances Fitzgerald to change the term to acknowledge the seriousness of images and videos featuring child sexual abuse.

Director of the National Women’s Council Orla O’Connor told The Journal: “The National Women’s Council welcomes this important legislation to remove the outdated and harmful term from legislation.”

“Language matters, and material relating to child sexual exploitation should clearly be referred to as such,” she said.

Reporting requirements

While the term “child sexual abuse material” is increasingly used by the media, the Irish media are required by law when reporting legal proceedings to use the specific charge, which is “child pornography”.

Less specific descriptions of the offence could result in a breach of the Criminal Procedure Act 1967 or result in defamation proceedings, legal experts have said – noting that in circumstances where an image of a child is used but the child is not abused, suggesting the charge is “child abuse” could also breach the Act and may also be defamatory.

The International Police Organisation Interpol, who worked on developing the Luxembourg Guidelines, has been vocal about the need to stop using the term.

“Child sexual exploitation is not a crime we take lightly. In fact, we want you to cringe when you hear the terms ‘child porn’ or ‘kiddy porn’,” the organisation has said.

“Why? Because children whose sexual abuse has been photographed or filmed deserve to be protected and respected. The seriousness of their abuse should not be reduced by words such as ‘porn’.”

Pornography is a term used for adults engaging in consensual sexual acts distributed (mostly) legally to the general public for their sexual pleasure. When children are involved, it’s not porn. It’s abuse. It’s a crime.

Flynn said the use of the term child pornography is incorrect and dangerous.

“We need a phrase that better reflects the nature of the abuse and the crime. We need to shift the focus onto the perpetrator and not the victim. By changing the language of our laws, we can guide the narrative on these issues,” she said.

“Our laws should be written to protect those that they serve by implementing appropriate language that conveys the truth of the action and the crime. We know it’s the right thing to do.

“We must shine a light onto the atrocious actions that are being suffered by countless children. We must listen to them regarding their experiences and do all that we can to support these victims. We must start by labelling what they went through correctly, which is child exploitation.”