Legal frameworks around fictional pornography depicting minors vary depending on country and nature of the material involved. Laws against production, distribution, and consumption of child pornography generally separate images into three categories: real, pseudo, and virtual. Pseudo-photographic child pornography is produced by digitally manipulating non-sexual images of real minors to make pornographic material. Virtual child pornography depicts purely fictional characters (for example, "lolicon" manga). "Fictional pornography depicting minors," as covered in this article, includes these latter two categories, whose legalities vary by jurisdiction, and often differ with each other and with the legality of real child pornography.
Some analysts have argued whether or not cartoon pornography that depicts minors is a victimless crime. Laws have been enacted to criminalize "obscene images of children, no matter how they are made," typically under the belief that such materials may incite real-world instances of child sex abuse. Currently, countries that have made it illegal to possess (as well as create and distribute) sexual images of fictional characters who are described as or appear to be below eighteen include New Zealand, Australia, Canada, South Africa, South Korea, and the United Kingdom. The countries listed below exclude those that ban any form of pornography, and assume a ban on real child pornography by default.
Arguments for and against legal regulation around the world.
There is debate as to, whether cartoon pornographies (example: comics, illustrations, anime) sexually depicting purely fictional minor characters or young-looking purely fictional adult characters, really lead to sexual crimes against minors, and whether legally regulating such cartoons is a violation of freedom of expression and creation.
Opinions in opposition of legal regulation.
Cultural anthropologist Patrick W. Galbraith based his research on Japan's crime statistics, showing that sexual abuse of minors has decreased in Japan since the spread of lolicon media increased in the 1960s and 1970s, argued that cartoon pornographic images do not necessarily influence crime.
A 2012 report by the Sexologisk Klinik for the Danish government claimed that there is no evidence that individuals that view cartoons and drawings depicting fictitious child sexual abuse are more likely to engage in child sexual abuse in the real world.
Opinions in favour of legal regulation.
Those in favour of legally regulating that cartoon pornographies, argue that simple comparison of crime statistics is meaningless due to the possibility of actual crimes that are not captured in statistics, and that there are cases that actually led to sexual abuse against child because of such creations, such as Tsutomu Miyazaki's case.
Legal scholar Hiroshi Nakasatomi argues that "lolicon" material can distort consumers' sexual desires and induce crime, a view shared by the non-profit organization CASPAR, whose founder Kondo Mitsue argues that "freedom of expression does not allow for the depiction of little girls being violently raped, depriving them of their basic human rights".
Some critics, such as the non-profit organization , argue that "lolicon" works can be used for sexual grooming, and that they encourage a culture which accepts sexual abuse of children.
Feminist critic Kuniko Funabashi argues that the themes of "lolicon" material contribute to sexual violence by portraying girls passively and by "presenting the female body as the man's possession".
Jurisdictions where fictional child pornography is illegal.
Australia.
All sexualized depictions of people under the age of 18 are illegal in Australia, and there is a "zero-tolerance" policy in place.
In December 2008, a man from Sydney was convicted of possessing child pornography after sexually explicit pictures of underage characters from "The Simpsons" were found on his computer. The New South Wales Supreme Court upheld a Local Court decision that the animated "Simpsons" characters "depicted," and thus "could be considered," real people. Controversy arose over the perceived ban on small-breasted women in pornography after a South Australian court established that if a consenting adult in pornography were "reasonably" deemed to look under the age of consent, then they could be considered depictions of child pornography. Criteria described stated "small breasts" as one of few examples, leading to the outrage. The classification law is not federal or nationwide and only applies to South Australia.
Belgium.
In Belgium, any visual depiction of a character that is or appears to be a minor, engaged in any sexual act or behavior will be considered child sexual abuse material. Possession, production or diffusion of CSAM is prohibited and punishable by law.
Canada.
Canadian laws addressing child pornography are set out in Part V of the Canadian "Criminal Code", dealing with Sexual Offences, Public Morals and Disorderly Conduct: Offences Tending to Corrupt Morals. Section 163.1 of the Code, enacted in 1993, defines child pornography to include "a visual representation, whether or not it was made by electronic or mechanical means," that "shows a person who is or is depicted as being under the age of eighteen years and is engaged in or is depicted as engaged in explicit sexual activity," or "the dominant characteristic of which is the depiction, for a sexual purpose, of a sexual organ or the anal region of a person under the age of eighteen years." The definitive Supreme Court of Canada decision, "R. v. Sharpe", interprets the statute to include purely fictional material even when no real children were involved in its production. Some cases in the media have shown that section 163.1 has been applied to written and audiovisual material as well.
There have been at least three major cases brought up against the possession of fictional pornography within the last two decades. In April 2010 visiting American citizen Ryan Matheson (also known as Brandon X) was arrested in Ottawa for bringing erotica based on Lyrical Nanoha. By October 2011 he was charged with possession and importation of child pornography and faced a minimum of 1 year in prison. The next case occurred in 2014 where a man from Nova Scotia was sentenced to 90 days after pleading guilty of possessing mostly anime images. Roy Franklyn Newcombe, 70, pleaded guilty to the charge after a NSCAD student found a USB thumb drive with sexually explicit images and videos at a computer lab in April 2014. There was no indication the images involved local people or had been manufactured by Newcombe. Most of the 20 images were anime, although a few appeared to be of real girls between five and 13 years old. The most recent case occurred in Alberta when on February 19, 2015 the Canada Border Services Agency intercepted a parcel and arrested its recipient on March 27. Based on the box art of a sculpture being shipped to him, four charges were pressed: possession/distribution, mailing obscene matter, and smuggling prohibited goods. These charges were withdrawn as part of a plea deal when the accused agreed to a peace bond.
Ecuador.
The possession, storing, fabrication, or distribution of child pornography or any other kind of sexually explicit pedophilic material, including fictional erotica (drawn, written, animated, etc.), is illegal under Ecuadorian law.
Estonia.
Fictional child pornography of any form (drawn, written etc.) is illegal in Estonia per article 178 of the Penal Code. This law does not apply to Estonian citizens who legally commit the offense abroad and as of 2021 nobody has yet been charged for fictional child pornography. Precedent exists to exclude written material with literary value ("literary work" and "pornographic work" are defined differently under law), while current law remains unclear on visual art of artistic value like classical painting or manga as no precedent exists. Real pornography with underage-looking adult actors remains technically legal.
France.
Since a reform of the French penal code, introduced in 2013, producing or distributing drawings that represent a minor aged less than 15 years old is considered the same as producing real child pornography and is punishable by up to five years' imprisonment and a €75,000 fine, even if the drawings are not meant to be distributed.
Ireland.
Virtual child pornography is illegal in Ireland per the Child Trafficking and Pornography Act of 1998 which includes "any visual representation". The country has strict laws when it comes to child abuse material, even if it does not contain any "real children".
Italy.
Virtual child pornography is punished with up to a third of the sanctions for real-life child pornography. Virtual images include images, or parts of images, produced and modified with software from actual photos of minors, where the quality makes it so that fake situations are manipulated to appear realistic. Under this law, fictional child pornography is also considered illegal.
Though on a recent sentence it has been observed that the conduct of those who hold this type of child pornography material prefigures an impedimental crime where the anticipation of protection appears difficult to justify due to the lack of victims, thus creating a potential friction with the principle of offensiveness in relationship with the Italian constitution and therefore making it not punishable by the law.
New Zealand.
In New Zealand, the Films, Videos, and Publications Classification Act 1993 classifies a publication as "objectionable" if it "promotes or supports, or tends to promote or support, the exploitation of children, or young persons, or both, for sexual purposes". Making, distribution, import, or copying or possession of objectionable material for the purposes of distribution are offences punishable (in the case of an individual) by a fine of up to NZ$10,000 on strict liability, and ten years in prison if the offence is committed knowingly.
In December 2004, the Office of Film and Literature Classification determined that "Puni Puni Poemy"—which depicts nude children in sexual situations, though not usually thought of as pornographic by fans—was objectionable under the Act and therefore illegal to publish in New Zealand. A subsequent appeal failed, and the series remained banned until 2021, when it was passed uncut with an R16 rating.
In April 2013, Ronald Clark was jailed for possession of anime that depicts sex between elves, pixies, and other fantasy creatures. It was ruled as obscene and he was jailed for three months following the trial. Clark was previously convicted for indecently assaulting a teenage boy and his lawyer noted that ethical issues complicated the case.
Poland.
Since the 2008 amendment to the Polish Penal Code, simulated child pornography has been forbidden in Poland. Article 202 § 4b penalizes the production, dissemination, presentation, storage or possession of pornographic content depicting the created or processed image of a minor under the age of 18 participating in a sexual activity. The perpetrator shall be subject to a fine, the penalty of restriction of liberty or deprivation of liberty for up to 2 years.
This law faced criticism from legal experts. Maciej Wrześniewski questioned the legitimacy of this article, arguing that "it is not possible to unquestionably confirm the age of a depicted person—since such a person does not in fact exist". This opinion was shared by Maciej Szmit, who called the whole article "unfortunately worded". According to the Polish prosecution authorities, if the age of a depicted person is in question, a court may appoint anthropological experts to determine it.
From 2009 to 2018, 152 people were indicted under Article 202 § 4b. From 2008 to 2020, there were 23 people found guilty under Article 202 § 4b (as a primary crime). It is unknown in how many cases, if any, the judgment concerned drawn pornography, as this law is also used for pseudo-photographic child pornography, such as when photographs of children's faces are pasted onto sexually explicit images of adults' bodies.
One of the cases where the discussed Article 202 § 4b of Polish Penal Code was used in court was the case of a painter Krzysztof Kuszej. In 2011, Kuszej was charged with committing a number of prohibited acts, including "presenting processed images of minors engaging in sexual acts with intent to sell on an online auction website". 21 pieces of artwork depicting sexual acts between children and priests were secured from the artist's studio. The artist argued in court, that his art is a social commentary on subject of Catholic Church sexual abuse cases, and his artistic measures were adequate for the problem. The expert witness in art history commissioned by the court, Izabela Kowalczyk, stated that these works were art rather than pornography. According to the expert, Kuszej's images do not seduce viewers and their message against child sexual abuse is apparent. Contrary to the expert witness's opinion, the court ruled that the defendant's works did indeed include pornographic content involving minors. However, according to the court, the artist's intent was not to promote the presentation of such content, but only to showcase his position on the