Belgian Law

From Belgian regulatory point of view, we can refer to the Belgian Penal Code Art380ter and 383bis. These articles can be used in the fight against child pornography on the Internet in Belgium.

 

Art. 383bis.

Free translation:

§ 1. Notwithstanding the application of Articles 379 and 380, whosoever has displayed, sold, rented, distributed or handed out emblems, objects, films, photos, slides or other visual media representing sexual positions or acts of a pornographic nature, involving or representing minors or has handed to a transport or distribution agent, manufactured or held, imported or caused to be imported such objects with a view to commerce or distribution shall be punished by imprisonment of five to ten years and a fine of five hundred to ten thousand Euro.

§ 2. Whosoever has knowingly possessed emblems, objects, films, photos, slides or other visual media as referred to under shall be punished by imprisonment for a month to a year and a fine of hundred to a thousand Euro.

§ 3. The offence referred to under § 1 shall be punished by imprisonment for ten to fifteen years and a fine of five hundred to fifty thousand Euro if it constitutes an act of participation in the main or accessory activity of an association, whether or not the culprit holds the position of manager.

§ 4. The special confiscation provided for in Article 42, 1°, may be applied to the offences referred to in § 1 and § 2, even when the objects that it concern, are not the property of the convicted person.

§ 5. Articles 382 and 389 are applicable to the offences referred to in § 1 and § 3. "

This article refers to visual media such as a symbol, objects, films, photos or other image carriers.

By "symbol" is generally understood symbolic figures, cartoon strips or the creation of scenes of child pornography with the use of virtual or artificially created images. Other image media are, for example, cd, cd-Rom, cd-rw, cd-i, interactive CD, DVD, Internet applications, etc.

An image of a naked child in which the genitals of a child are not represented in detail, images for teaching, artistic or scientific purposes are not regarded as child pornography material.

Sound media (poems, songs, texts, etc.), which are less frequent, are covered by Art. 380ter of the Belgian Penal Code. This Article was introduced by the law of 27 March 1995 and punishes the advertising and/or distribution of child pornography material aimed at minors or alluding to services offered by minors.

 

"Art.380ter

Free translation:

§ 1. Shall be punished by imprisonment for two months to two years and a fine of two hundred Euro to two thousand Euro whosoever and by whatever means publishes, distributes or disseminates or causes to be published, distributed or disseminated publicity, directly or indirectly, even in concealing its nature through artifices of language, for an offer of services of a sexual nature with a direct or indirect profit-making objective, when the said publicity is specifically addressed to minors or when it refers to services proposed either by minors or by persons claimed to be so.

The sentence shall be imprisonment for three months to three years and a fine of three hundred to three thousand Euro when the publicity referred to in Article 1 has the objective or effect, direct or indirect, of facilitating the prostitution or debauchery of a minor or his/her exploitation for sexual purposes.

§ 2 . Shall be punished by imprisonment for one month to a year and a fine of a hundred to a thousand Euro whosoever by whatever means publishes, distributes or disseminates or causes to be published, distributed or disseminated publicity, directly or indirectly, even in concealing its nature through artifices of language, for an offer of services of a sexual nature with a direct or indirect profit-making objective, when these services are offered through a telecommunications medium.

§ 3. In cases not covered by § 1 and § 2, shall be punished by imprisonment for one month to a year and a fine of a hundred to a thousand Euro whosoever by whatever means of publicity, even in concealing its nature through artifices of language, makes it known that he indulges in prostitution, facilitates the prostitution of others or wishes to enter into a relationship with a person indulging in debauchery.

Shall be punished by the same sentences whosoever by means of publicity encourages, through the allusion made therein, the exploitation of minors or adults for sexual purposes or uses such publicity on the occasion of an offer of services ."