Abstract
Grounded in comparative law research, this paper compares differences in the regulation of online child pornography in China and the United States. The United States began regulating child pornography through criminal law in the 1970s, gradually refining the laws to distinguish between child pornography and obscenity and prohibit the possession of child pornography and virtual child pornography. In contrast, China treats child pornography on an equal footing with adult pornography, but imposes more lenient penalties on disseminating child pornography, which has led to the proliferation of child pornography. By comparing the two countries’ policies and laws on child pornography, this review makes four recommendations for other countries: (i) define child pornography in criminal law; (ii) distinguish between obscenity and child pornography; (iii) prohibit virtual child pornography on the internet; and (iv) increase criminal penalties for child pornography.