FW: TOR deep internet
Dear Mr Alexander Chernavsky,
Thank you for your participation in our competition. I
need to inform you that we did not accept one of your
images («TOR» – so called «deep Internet») due to that
it qualifies as child pornography according to Dutch
law.
Below please find the analysis from our lawyers and we
have handle according to their advice:
...We observed that the person in the picture looks
no doubt like a minor. Moreover, it is clear that the
image has an unnatural character in a sexual sense.
Therefore, this photo qualifies as child pornography as
set out in section 240b of the Dutch Penal Code and it
is prohibited to display this image in public.
Previously – before the latest changes in the legislation –
section 240b of the Dutch Penal Code contained exceptions
for images which were used for scientific, educational
or therapeutic purposes. Nowadays an exception is only
made in cases of absence of substantive unlawfulness.
This means that the legal standard is better ensured
by the violation of the provision than by compliance
with the provision. This is a very rare legal exception
which does not seem to apply here. An exceptio artis
has never been acknowledged in this context.
We conclude that the World Press Photo is not allowed
to display the contribution of the Russian artist in
public. Please note that even the possession of child
pornography is illegal. Therefore we advise you to
destroy the image as soon as possible.»
I hope i informed you sufficiently.
Kind regards,
Michiel Munneke
Managing Director
8.02.201
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