Session 5 Legal Gaps

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National legal

framework

Findings and recommendations of


disrupting harm research
Legislation
- Computer crime proclamation
- Criminal code 2005
Law on child sexual abuse materials
The Criminal Code - Articles 640 and 641 - criminalises

importing or
making, transporting, receiving,
exporting,

displaying in offering for sale


possessing, distributing, or
public, or hiring,

writings, images, posters, films or


circulating other objects which are obscene
or grossly indecent
Computer Crime Proclamation

Criminalises a series of acts associated with visual materials


depicting minors – or persons appearing to be minors – engaged in
sexually explicit conduct.

Computer Crime Proclamation No. 958/2016, Article 12.


The term ‘obscene and grossly indecent’ is not defined
by the law. and is therefore open to judicial interpretation

•Does not cover:


GAPS – CSAM • depictions of the sexual parts of a child’s body for
criminalization primarily sexual purposes,

The Criminal Code - • digitally generated CSAM including realistic images
Articles 640 and 641 of non-existing children.

• does not include among the criminalised conduct,


knowingly obtaining access to CSAM

• .
• Penalty associated with this crime is a simple
imprisonment of up to three years.

• This type of penalty is applicable to “crimes of a


not very serious nature committed by persons who
GAPS- are not a serious danger to society.” Government
of Ethiopia. (2005). Criminal Code, Article 106.
penalty
• Finding - does not take into account the grave
nature of crimes related to CSAM.
Law on online It criminalises the enticement or
grooming of solicitation of minors for sexually
explicit conduct by:
children for
sexual purposes 1. transmitting or sending erotic
speeches, pictures, text messages
2. or videos through computer systems;
Computer Crime
Proclamation This legislation covers “sexually explicit
(2016)- article 12 communication” online with a child for
the purpose of enabling sexual abuse.
(2)
Law on online Recommendation for
grooming of amendment
children for
sexual purposes

Computer
Extend provision to cover situations where
Crime the sexual abuse is not the result of a
Proclamation meeting in person but is committed online
(2016)- article (e.g., when children are manipulated to produce child
12 (2) sexual abuse material and share it with the offender).
OCSEA
• Sexual extortion of
manifestations children
not explicitly
covered in the • Live streaming of child
law. sexual abuse
Consider explicitly
criminalizing:

• Sexual extortion of
Recommendation children

• Live streaming of child


sexual abuse

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