Quote:
Originally Posted by mr_creepy
The child is not the focus of the image, nor is the child undressed or depicted in any lewd or sexualized fashion whatsoever. The ops are welcome to delete the photo if it does not adhere to the rules.
Also bear in mind that the photo was taken directly from the source in a open public gallery and it is not the only photo in this thread that displays a fully clothed person under the age of majority in the same photo as an adult in various states of dress.
Other than that, thanks for your opinion...
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I don't care to take sides in this, but there is a legitimate concern in this matter, to the owners of OCC and even the original poster of the image, Mr Creepy...
There is precedent in American law that treats an image containing children VERY differently when in one case it is posted in a site that is by community consensus a "media sharing site" or "educational site" (eg Flickr, YouTube, Facebook), verses the same image on a site that would be considered "adult entertainment".
The best example of this would be breast feeding. On any given day from my geolocation, There are about 64,000 YouTube results on the topic of breast feeding and lactation. A great number of these videos include exposed adult female breasts, and very, very underage children. Yet as far as I know, YouTube has never been charged with a single count of pedophilia, let alone sixty four thousand. However, if a website that was of an adult nature, such as OCC, were to post these videos, then it would be a very different story, and I fully expect that the FBI would be tracking the owners of this site and quite likely the posters of the images as well to the end of the earth and beyond.
The litmus test for posting images / videos of adult nudity that contain a child in the frame is very simple:
Is the image being posted to a site that by community standards would be considered "adult entertainment" in nature?
If YES, then just flat out don't do it. It may be misconstrued by law enforcement as pedo in nature, and WE DON'T WANT THAT, do we???
(alternately, if the child is completely obscured in some form of digital manipulation, it is unlikely to cause a problem)
If NO, then while respecting copyright, you should feel free to post without fear of problems.