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19-May-2017 14:54

A recent European Commission Communication Paper stated that ‘each country may reach its own conclusion in defining the borderline between what is permissible and not permissible.’(10) The multi-layered governance system should be a mixture of national and international legislation, and self-imposed regulation by the ISPs and on-line users.This should include codes of conduct by the ISPs, software filters to be used by parents, advice to parents and school teachers, hotlines and special organisations to report illegal content on the Internet.These issues are different in nature and should not be confused.It is the submission of this paper that any regulatory action intended to protect a certain group of people, such as children, should not take the form of an unconditional prohibition of using the Internet to distribute certain content where that is freely available to adults in other media.

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The availability of pornographic content on the Internet Pornography on the Internet is available in different formats.

Reidenberg states that: The Internet is a complex, anarchic, and multi-national environment where old concepts of regulation, reliant as they are upon tangibility in time and space, may not be easily applicable or enforceable.

This is why the wider concept of governance may be more suitable.

What is considered simply sexually explicit but not obscene in England may well be obscene in many other countries; conversely what is considered lawful but not pornographic in Sweden may well be obscene under the current UK legislation.

This chapter will discuss two different issues: the regulation of potentially harmful content such as pornography on the Internet; and regulation of invariably illegal content such as child pornography.

According to Walker, ‘social regulation within modern society has developed within physical bounds of time and space, but the development of cyberspace distanciates its inhabitants from local controls and the physical confines of nationality, sovereignty and governmentality leading to new possibilities in relationships and interaction.’(8) The idea of ‘governance without government’ may be the best approach for the development of the Internet.



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