Child Pornography Prevention Act of 1996
Encyclopedia
The Child Pornography Prevention Act of 1996 (CPPA) was a United States
federal law to restrict child pornography
on the internet
, including virtual child pornography.
Before 1996, Congress defined child pornography with reference to the Ferber standard. In New York v. Ferber
, , the Supreme Court
held that the government could restrict the distribution of child pornography
to protect children from the harm inherent in making it. In Osborne v. Ohio
, , the Ferber protection was extended by the Court to the mere possession of child pornography.
The Child Pornography Prevention Act added two categories of speech to the definition of child pornography. The first prohibited "any visual depiction, including any photograph
, film
, video
, picture, or computer or computer-generated image or picture" that "is, or appears to be, of a minor
engaging in sexually explicit conduct." In Ashcroft case, the Court observed that this provision "captures a range of depictions, sometimes called 'virtual child pornography,' which include computer-generated images, as well as images produced by more traditional means."
The second prohibited "any sexually explicit image that was advertised, promoted, presented, described, or distributed in such a manner that conveys the impression it depicts a minor engaging in sexually explicit conduct."
The Supreme Court struck down CPPA in 2002 in Ashcroft v. Free Speech Coalition
for being overly broad.
United States
The United States of America is a federal constitutional republic comprising fifty states and a federal district...
federal law to restrict child pornography
Child pornography
Child pornography refers to images or films and, in some cases, writings depicting sexually explicit activities involving a child...
on the internet
Internet
The Internet is a global system of interconnected computer networks that use the standard Internet protocol suite to serve billions of users worldwide...
, including virtual child pornography.
Before 1996, Congress defined child pornography with reference to the Ferber standard. In New York v. Ferber
New York v. Ferber
New York v. Ferber, , was a United States Supreme Court decision. The Court ruled unanimously that the First Amendment right to free speech did not forbid states from banning the sale of material depicting children engaged in sexual activity....
, , the Supreme Court
Supreme Court of the United States
The Supreme Court of the United States is the highest court in the United States. It has ultimate appellate jurisdiction over all state and federal courts, and original jurisdiction over a small range of cases...
held that the government could restrict the distribution of child pornography
Child pornography
Child pornography refers to images or films and, in some cases, writings depicting sexually explicit activities involving a child...
to protect children from the harm inherent in making it. In Osborne v. Ohio
Osborne v. Ohio
Osborne v. Ohio, , was a case in which the Supreme Court of the United States held that the First Amendment allows states to outlaw the mere possession, as distinct from the distribution, of child pornography. In so doing, the Court extended the holding of New York v...
, , the Ferber protection was extended by the Court to the mere possession of child pornography.
The Child Pornography Prevention Act added two categories of speech to the definition of child pornography. The first prohibited "any visual depiction, including any photograph
Photograph
A photograph is an image created by light falling on a light-sensitive surface, usually photographic film or an electronic imager such as a CCD or a CMOS chip. Most photographs are created using a camera, which uses a lens to focus the scene's visible wavelengths of light into a reproduction of...
, film
Film
A film, also called a movie or motion picture, is a series of still or moving images. It is produced by recording photographic images with cameras, or by creating images using animation techniques or visual effects...
, video
Video
Video is the technology of electronically capturing, recording, processing, storing, transmitting, and reconstructing a sequence of still images representing scenes in motion.- History :...
, picture, or computer or computer-generated image or picture" that "is, or appears to be, of a minor
Minor (law)
In law, a minor is a person under a certain age — the age of majority — which legally demarcates childhood from adulthood; the age depends upon jurisdiction and application, but is typically 18...
engaging in sexually explicit conduct." In Ashcroft case, the Court observed that this provision "captures a range of depictions, sometimes called 'virtual child pornography,' which include computer-generated images, as well as images produced by more traditional means."
The second prohibited "any sexually explicit image that was advertised, promoted, presented, described, or distributed in such a manner that conveys the impression it depicts a minor engaging in sexually explicit conduct."
The Supreme Court struck down CPPA in 2002 in Ashcroft v. Free Speech Coalition
Ashcroft v. Free Speech Coalition
Ashcroft v. Free Speech Coalition, , struck down two overbroad provisions of the Child Pornography Prevention Act of 1996 because they abridged "the freedom to engage in a substantial amount of lawful speech." The case was brought against the Government by the Free Speech Coalition, a "California...
for being overly broad.