Commons:Sexual content/Child pornography
This page could be used to contain a more detailed policy of child pornography issues
The following types of sexual content are prohibited on Commons:
- Content which would be illegal for Commons to host, such as child pornography
- As the majority of the servers for Commons are in the United States (Florida), U.S. federal and Florida state law apply. Manufacturing, distributing, possessing, or intentionally accessing child pornography is a very serious charge in the United States. Any suspected instances should be quickly reported to Wikimedia (see Foundation:contact us). The National Center for Missing and Exploited Children maintains an online hotline for reports that may assist exploited children. The Wikimedia-wide policy on office actions allows for the secure removal of material in compliance with the law.
As per our precautionary principle, photographic depictions of sexually explicit conduct, or derivative works of these, where there is a legitimate concern that not all participants appear to be at least 18 years of age should be speedy deleted. Uploaders of images which feature participants who appear to be under the age of 25 will be required to clarify, and possibly evidence, the consent and the ages of all involved.
U.S. federal law prohibits "a visual depiction of any kind, including a drawing, cartoon, sculpture, or painting, that depicts an image that is, or appears to be, of a minor engaging in graphic bestiality, sadistic or masochistic abuse, or sexual intercourse, including genital-genital, oral-genital, anal-genital, or oral-anal, whether between persons of the same or opposite sex, and such depiction lacks serious literary, artistic, political, or scientific value.".
- Child pornography is defined in 18 USC § 2256 in the sections 2B and 8.
- Jurisdiction has not been verified by Wikimedia's legal team, and is complicated by the fact that the domain name and corporate headquarters are in San Francisco, California.
- If convicted, offender will be sentenced with a felony with a minimum of five years in prison and a lifetime registration as a sex offender.
- Wikimedia Foundation is required by the provisions of 18 USC § 2258 to report all "suspected" child pornography that has been brought to its attention (including including drawings) to the NCMEC.
- From 18 USC § 1466A. See Legal status of cartoon pornography depicting minors and talk page for more information.