Child Sexual Abuse Material (CSAM) refers to any material that depicts or describes a child engaged in sexual activity or in a sexual context. In Australia, CSAM is a serious criminal offence, and its creation, distribution, possession, and access are strictly prohibited under both Commonwealth and state/territory laws. The term encompasses a wide range of content, including images, videos, and written descriptions, and is designed to protect children from exploitation and abuse.
The CSAM Deterrence Centre is focused on combating the range of behaviours that create and disseminate CSAM, including grooming, sexual extortion and live streaming. This page aims to provide a definition of CSAM that is separate from these behaviours, enabling an understanding of what content on platforms and services constitutes CSAM.
Legal Definitions and Scope
In Australia, the legal definitions of CSAM vary slightly across jurisdictions, but they share common elements. A full examination of the legal definitions and how they vary is accessible in the National Review of child sexual abuse and sexual assault legislation in Australia by the Australian Institute of Criminology. CSAM typically includes:
- Visual Depictions: Images or videos showing a child engaged in sexual activity, in a sexual pose, or in the presence of someone engaged in sexual activity.
- Written Descriptions: Text that describes a child in a sexual context or engaged in sexual activity.
- Altered Images: Images that have been digitally altered to appear as though they depict a child in a sexual context.
- Dolls and Objects: Items that resemble a child or part of a child and are used to simulate sexual activity.
The definition of a child in the context of CSAM generally refers to individuals under the age of 18. However, some jurisdictions specify different age thresholds for certain offences. For example, the Commonwealth and several states define a child as anyone under 18, while others may use 16 or 17 as the threshold for specific offences.
Offences and Penalties
Australian law criminalises various activities related to CSAM, including:
- Production: Creating or facilitating the creation of CSAM, including using Generative Artificial Intelligence.
- Distribution: Sharing or disseminating CSAM through any means, including online platforms.
- Possession: Holding CSAM, whether in physical form or digital storage.
- Access: Viewing or attempting to view CSAM, even if not downloaded or saved.
Penalties for CSAM-related offences are severe and can include lengthy prison sentences, significant fines, and mandatory registration as a sex offender. The exact penalties vary by jurisdiction but reflect the serious nature of these crimes.
Context and Importance
CSAM is a grave violation of children’s rights and dignity. The Australian legal framework is robust, aiming to prevent the creation and spread of CSAM, protect victims, and prosecute offenders and requires a coordinated and comprehensive response. The increasing number of reports, the global reach of CSAM, and the role of technological advancements in facilitating CSAM offending underscore the need for innovative prevention strategies and strong collaboration between stakeholders. The CSAM Deterrence Centre, in partnership with technology companies, law enforcement, and other stakeholders, aims to create a safer online environment by implementing effective prevention measures to disrupt CSAM offending behaviour.