The Laws Of Art - Tumblr Posts

(The same anon from the CSEM thing, sorry)

When you said that even hyper-realistic art of a child could be considered CSEM, even if it was tecnically fake, a question popped out of my mind for some reason:

What if a artist decided to draw a fictional child character in a sexualized manner with a realistic artstyle, will this count as CSEM, even if the child doesn't exist?

(Sorry if I keep doing this type of questions)

As before this does technically hinge on the laws of where the content exists and where the creator who made it resides. The laws regarding visual images are often far more restrictive than those regarding literature.

For example, under the 2009 Coroners and Justice Act (s62-s68) within the United Kingdom it would be illegal if the artwork depicted sexual acts with a child or was explicitly focused on their genitals whether or not the child was real or fictional.

In the United States, the 2003 PROTECT Act defines that hyper-realistic sexual images (drawn, manipulated, ect) can only be prosecuted if they are indistinguishable from an image of a real child or cannot be proven as artificially created.

In Japan, however, pornography of fictional minors, even hyper-realistic, is a lucrative, legal and normalised industry. Its seen in everything from street art to manga.