The Percy Foundation is funding a project by the Center for Online Safety and Liberty (COSL) to survey and publish information about the rapidly evolving international legal landscape surrounding fictional representations of sexual relations that may be forbidden, because they involve either minors or coercion. This is a matter of growing concern due to the advent of AI technologies creating realistic images that resemble, but do not involve actual human actors. Many jurisdictions are now also criminalizing purely literary representations of forbidden sex, or obviously unreal material such as anime and manga. We may be entering an era when it is not only illegal to perform certain sexual acts, but even to think about them.
The comparative legal analysis will examine statutory frameworks, case law, penalties, and enforcement in 10 countries with highly varied legal systems and cultural contexts: the US, Canada, the UK, France, Denmark, Australia, India, Japan, South Africa, and Costa Rica. There does not currently exist any comparative study in this area, and there are many as yet unanswered questions about the ability of legal codes and enforcers to distinguish between real and fictional sexual abuse materials, or their willingness to respect international human rights obligations such as protection of free expression and avoidance of excessive punishment.
In addition to composing a detailed report, COSL plans to disseminate its findings through fact sheets and infographics for media distribution and public education, as well as preparing a dedicated web platform. The Percy Foundation will also assist COSL by funding conference presentations that may influence policy makers and legal professionals.