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Summary of children’s rights along with relevant laws and regulations<…
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Publisher:
On İki Levha Yayıncılık
Publication date:
May 2020
ISBN:
978-625-7899-33-8
Edition:
1.b.
On İki Levha Yayıncılık
Publication date:
May 2020
ISBN:
978-625-7899-33-8
Edition:
1.b.
Authors:
Leyla Keser Berber, Ayça Atabey
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A. Australia
Definition of a child…
The definition of a child (e.g.: under 10 years, under 16 years or under 18 years)…
Australian laws which are designed to protect children’s rights cover a broad range…
(a) Child trafficking; (b) Physical abuse; (c) Sexual abuse; (d) Forced marriage/child…
Legal framework protecting children against bullying, exploitation, and abuse online…
Online Exploitation and Cyberbullying…
At the federal and state levels, there are laws that address online exploitation,…
Use of a carriage service(4) for child pornography material and child abuse material…
For example, Chapter 10, Subdivison D of the Criminal Code Act 1995 (Cth)(5)…
Child abuse material is defined in Section 473.1 as material that depicts…
Child pornography material is defined in section 473.1. It includes material that depicts a person who is, or appears to be under 18 years and who is engaged in, or appears to be engaged in, a sexual pose or sexual
It is important to note that the Bill (2019)(7)…
It is also an offence for internet service providers and internet content hosts not…
New South Wales has sought to create state criminal offences relating to the online…
Use of carriage services involving sexual activity…
Chapter 10, Subdivision F of Criminal Code Act 1995 (Cth)(11)…
It is also noteworthy to state that some of these offences become ‘aggravated’ offences…
Other state legislation also prescribes offences relating to online child exploitation…
Online intimidation and stalking…
In New South Wales, the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (the…
While not aimed specifically at protecting children, other legislative provisions…
Greater penalties apply to the offence of using a carriage service to menace, harass…
The Bill (2019)(18) aimed to protect children…
· creating an offence of failure to protect a child at risk of a child sexual abuse…
· creating an offence of failure to report a child sexual abuse offence, and…
· strengthening overseas persistent child sexual abuse laws.…
Other measures in the Bill form a suite of child protection measures to target child…
· criminalise the possession or control of child abuse material in the form of data…
· prevent certain dealings with child-like sex dolls…
· criminalise the possession of child-like sex dolls…
· improve the definition of forced marriage…
· restrict the defence based on a valid and genuine marriage to overseas child sex…
· remove references to ‘child pornography material’ in several Commonwealth Acts…
Some of the amendments that are brought with this Bill were a result of a recent…
a. it is possible that the use of child-like sex dolls may lead to escalation in…
b. the use of child-like sex dolls may desensitise users from the potential harm…
c. the sale of child-like sex dolls potentially results in the risk of children being…
d. child-like sex dolls could be used to groom children for sex (in the same way…
Cyberbullying and posting intimate pictures…
Recognising the serious problems arising from various forms of online conduct, the…
Section 44B of the EOS Act prohibits the posting of intimate images of other people…
The EOS Act does not prohibit cyberbullying per se, but it establishes a complaints service and gives the Commissioner the power to investigate complaints about: cyberbullying material targeted at an Australian child.(24)…
The complaints and investigation procedure can result in the eSafety Commissioner…
Both types of notice can be civilly enforced by the eSafety Commissioner as an “authorised…
Privacy and Online Child Protection…
The Australian Government is in the process of amending laws to more adequately respond…
In March 2019, the Australian Attorney-General and the Minister for Communications…
The recent amendments increase penalties for misuse of information; provide new infringement…
1. National approaches adopted by different jurisdictions
B. Austria
