Photo by Beth K. Vogt

Federal laws make it illegal for anyone younger than 18 to view pornography.

And yet, the largest group of viewers of Internet pornography is children ages 12 to 17, according to Family Safe Media.

Why the disconnect?

“A lot of people think we have the same protection against Internet pornography that we do other places,” according to Cris Clapp Logan, communications director for Enough is Enough (EIE), a national organization dedicated to making the Internet safer for children and families. “Children can’t buy a Playboy at a 7-Eleven®, but they can view porn online. There are no restrictions—it’s free of charge.”

Legislative Ups and Downs
At different times, legislation to protect children from Internet pornography has been passed, challenged, changed and then struck down by the U. S. Supreme Court.

• The Federal Communications Commission (FCC) was established by the Communications Act of 1934 to regulate interstate and international communications.

• In 1996, the Communications Decency Act (CDA) was enacted to protect anyone younger than 18 from “any comment, request, suggestion, proposal, image, or other communication that …depicts or describes, in terms patently offensive as measured by contemporary community standards, sexual or excretory activities or organs.” It also criminalized the transmission of materials that were obscene or indecent to anyone younger than18.

• In 1997, the Supreme Court held CDA unconstitutional, saying it placed an unacceptable burden on free speech.

• In 2000, The Child Online Protection Act (COPA) became the second legislative attempt to make the Internet safe for minors—persons younger than 17 years of age of age—by criminalizing certain speech. When challenged, COPA was not upheld.

“Overall, lawmakers feel like COPA is too broad and violates free speech,” Logan said. “It’s believed content filters and parental controls that block pornography are a more effective way to deal with the problem, and it’s less restrictive too.”

The problem is that many parents aren’t using filters or parental controls, she explained. Many children are exposed to pornography outside their homes—at a friend’s house or on a library computer.

“In 1996 and 2000 when these laws were being challenged, we didn’t have the same capabilities that we have now. The sexting problem is bringing the issue of kids and porn into the media,” Logan said. “People say kids aren’t affected by porn. We see the effect of porn in how kids interact with each other.”

Conversation—Not Just Legislation
Logan insists that the first defense is parents—not legislation.

“At Enough is Enough, we love a lot of things about the Internet. But children need to be educated about the dangers,” she said. “If parents sit down and talk to their kids, they are more likely to be safe. Conversation is key.”

Look for an interview about children and online safety with Cris Clapp Logan, communications director at Enough is Enough, on Wednesday.

For more info: 

U.S. Department of Justice: Child Exploitation and Obscenity Section

Citizen’s Guide to Federal Obscenity Laws