Commons:Sexual content/April 2010/Definitions
Definitions edit
In many discussions around this project, the need for clarity in definitions has come up - people asking for example 'what is sexual content?' or 'what counts as explicit?' etc. etc. Wikimedia Commons is not the first body in the world to consider how best to clearly define these important words for the purpose of policy and communication, and it is proposed to detail some existing definitions below - please clearly indicate their origins, supply a reference, and bear in mind that their utility here is in forwarding commons discussion, which needn't necessarily involve our adoption or agreement with the said definition. Thanks!
please feel free to detail definitions below;
The United States' definition of 'Child Pornography' under United States Coded Title 18 > Part I > Chapter 110 > § 2256 > sect. 8 edit
per the above, please note that this definition of child pornography is placed here for reference, and to aid the development of commons guidelines relating to the important issue of detecting, reducing, preventing, and reporting child pornography. Further, due to the WMF foundation being based in the US, and many servers being based there also, it is likely that US definitions may have a particular application in the development of commons practice. Please feel free to provide other, international, definitions of child pornography, or any further terms, as you may see fit;
Child pornography means any visual depiction, including any photograph, film, video, picture, or computer or computer-generated image or picture, whether made or produced by electronic, mechanical, or other means, of sexually explicit conduct, where— (A) the production of such visual depiction involves the use of a minor engaging in sexually explicit conduct; (B) such visual depiction is a digital image, computer image, or computer-generated image that is, or is indistinguishable from, that of a minor engaging in sexually explicit conduct; or (C) such visual depiction has been created, adapted, or modified to appear that an identifiable minor is engaging in sexually explicit conduct. -- United States Coded Title 18 > Part I > Chapter 110 > § 2256 > sect. 8[1]
Minor edit
Minor, under US law (see above for specific relevance and ratioanle of why US law is of interest) means any person under the age of eighteen years.[1]
Identifiable minor edit
identifiable minor— (A) means a person— (i) (I) who was a minor at the time the visual depiction was created, adapted, or modified; or (II) whose image as a minor was used in creating, adapting, or modifying the visual depiction; and (ii) who is recognizable as an actual person by the person’s face, likeness, or other distinguishing characteristic, such as a unique birthmark or other recognizable feature; and (B) shall not be construed to require proof of the actual identity of the identifiable minor.[1]
Graphic edit
Graphic, when used with respect to a depiction of sexually explicit conduct, means that a viewer can observe any part of the genitals or pubic area of any depicted person or animal during any part of the time that the sexually explicit conduct is being depicted.[1]
Indistinguishable edit
The term indistinguishable used with respect to a depiction, means virtually indistinguishable, in that the depiction is such that an ordinary person viewing the depiction would conclude that the depiction is of an actual minor engaged in sexually explicit conduct. This definition does not apply to depictions that are drawings, cartoons, sculptures, or paintings depicting minors or adults.[1]
Producing edit
Producing means producing, directing, manufacturing, issuing, publishing, or advertising.[1]
Secondary Producer edit
(definition needed)
Organization edit
Organization means a person other than an individual, (of which WikiMedia Foundation is included).[1]
Visual Depiction edit
Visual depiction includes undeveloped film and videotape, data stored on computer disk or by electronic means which is capable of conversion into a visual image, and data which is capable of conversion into a visual image that has been transmitted by any means, whether or not stored in a permanent format.[1]
Computer edit
(definition needed)
Custody or Control edit
Custody or control includes temporary supervision over or responsibility for a minor whether legally or illegally obtained.[1]