Australian author's erotic novel is child sex abuse material, judge finds
Fictional CSAM vs. Real Harm
- Many argue no real child was harmed, so classifying a purely fictional, written work as child sexual abuse material (CSAM) collapses the distinction between depiction and abuse.
- Others counter that explicit child‑sex fantasies, even if fictional, are morally comparable to CSAM and should be treated similarly, at least for takedowns and platform rules.
- One commenter explicitly accepts criminalization and sees such works as “entry” material that attracts high‑risk people.
Speech Regulation vs. “Thought Crime”
- Several participants reject calling this “thought crime,” stressing that the law is regulating expression, not unexpressed thought, analogous to defamation or hate‑speech laws.
- Critics respond that once mere description of an imaginary act becomes a crime, the boundary between policing speech and policing thought is functionally eroded.
Slippery Slopes and Inconsistency
- Repeated comparisons are made to murder, torture, and serial‑killer fiction: if vivid textual description that “creates an image in one’s mind” is illegal, why not violent crime or animal abuse depictions?
- Many raise Lolita, survivor memoirs, journalism about abuse, and even extremist or violent media as examples that would be threatened under the same logic.
- Religious texts (Bible, Hadiths, Quran) are cited as containing sexual violence, incest, or early-age marriage; commenters argue these would qualify as CSAM under a purely “depiction = crime” standard, exposing the law’s overbreadth.
Images, AI, and Ambiguous Boundaries
- Discussion extends to drawn, manga, and AI‑generated content:
- Some think AI or illustrated “simulated CSAM” is acceptable if no real child was involved; others fear it normalizes or escalates abuse.
- Concerns include plausible deniability for real CSAM and investigative resources wasted on synthetic material.
- Edge cases raised: text prompts that ask an AI to generate CSAM, adult role‑play (e.g., ABDL), and labeling adults as minors in art.
Empirical Effects and Social Norms
- Commenters dispute research: some claim depictions may reduce offending by providing an outlet; others cite work suggesting increased risk in predisposed individuals, with overall societal effects unclear.
- Several emphasize that, for many societies, preserving strong taboos around pedophilia outweighs free‑speech concerns; anything that even appears to sexualize minors is seen as inherently beyond the pale.