• cley_faye@lemmy.world
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    11 days ago

    This. People reaaaaally don’t like that point, but video/fictional stuff should not be held to the same standard as actual, living people. Otherwise, we can kiss goodbye to 90% of the entertainment business. Movies, books, video games, pictures, all of those should be allowed to depict stuff, if only to criticize it.

    Unfortunately, too many people think that if they don’t want to see something, no media of it should exist.

    It would be very different if actual people were used, or even just their likeness, because then it actually can cause harm and distress. But this? People wasting their time defending pixels are doing only one thing: not defending actual people.

    • im_fine_sandy@nord.pub
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      11 days ago

      video/fictional stuff should not be held to the same standard as actual, living people.

      Disagree.

      Loads of countries treat animations or computer generated images the same as photos.

      No one is “defending pixels”. The actual reasons are that the abuse of children should not be normalised, that authorities should not have to identify a specific victim, and that no legitimate artistic interest is served.

      That said, the question of whether a child in an oven depicts child abuse according to the interpretation of the court is another question entirely, and I suspect that the answer is that it does not. Yes placing a child in an oven would be abusive, no an image of a child in an oven is not “child abuse material”.

      Otherwise, we can kiss goodbye to 90% of the entertainment business.

      Preposterous.

      • adoptivecactuar@lemmy.zip
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        11 days ago

        I agree with the points you’re making, but I’d also like to put in my two cents as a victim of CSA and CSAM production. Not that it makes me an any sort of authority on it; I just wanted to share my opinion.

        I don’t think fictional material should be considered the same as real footage. In real material there is a victim whereas (unless a person’s likeness is being used) there is none in fictional material. The reason CSAM is so horrible is because of the fact there is a victim, not because the material itself is disturbing (which it is, don’t get me wrong). I think that making them equal crimes is a huge disservice to the victims and downplays the crime that was committed against them, both socially and legally. In my experience a lot of people already oppose CSAM more so due to the material being graphic rather than the actual assault and continued violence against the victim by possessing/sharing footage of it.

        • edible_funk@lemmy.world
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          11 days ago

          AI generated material will have been trained on real material so it’s not exactly entirely fictional.

    • dev_null@lemmy.ml
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      11 days ago

      I don’t think that was the point of the comment you replied to.

      The point is that even if it was a real video, it’s not illegal. Just like a video of 9/11 is not a terrorist attack nor is it illegal, it’s just a video of one.

      • Hanrahan@slrpnk.net
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        10 days ago

        the video of the Christchurch mosque shootings is illegal in NZ and Australia.

        A cartoon of Bart and Lisa having sex is classified as child pornography in Australia.

        and a zillion other examples

    • Jason@feddit.uk
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      11 days ago

      And where do you draw the line?

      For example, do you think CSAM should be legal as long as those in the material are fictional?

      If you think that is not okay, would it make a difference to you if those in the material were not “realistic” (but still underage)?

      I don’t think people are suggesting it should be illegal because they personally don’t want to see it, but rather because they believe that it is damaging to society as a whole.

      • jumping redditor [they/them]@sh.itjust.works
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        11 days ago

        drawn pornographic depcitions are generally legal and protected by the first amendment in the united states, even if the artist explicitly states the characters are minors.

        • Jason@feddit.uk
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          11 days ago

          Uh huh. Kinda sidestepped all my questions there. Where do you draw the line?

          So, “drawn” kiddie porn is legal in the US. What about realistic AI generated kiddie porn? Is that protected by the first ammendment?

          Do you think it should be?

          Should you be allowed to distribute it, or do you feel its okay only if it stays in your personal collection?

          • jumping redditor [they/them]@sh.itjust.works
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            11 days ago

            las I checked it was being decided by the courts because the laws aren’t very clear and neither is the first amendment. I think that it’s legality probably should be handled on a case by case basis until people understand the technology better because “realistic” is unfortunately too vague for me to feel comfortable wanting laws using (imagine a “realistic” oil painting getting outlawed).