Криминологические риски и проблемы квалификации публичной демонстрации порнографических материалов с использованием сети интернет

Abstract

During the analysis of the phenomenon of “webcams” within the context of the criminal legislation of the Russian Federation, its social danger was investigated. Judicial practice was analyzed, and the author provided comments regarding its interpretation and understanding. Directions for further research and study of “webcams” from a legal perspective are proposed. The problem of illegal distribution of pornographic materials, especially involving minors, in the context of the development of digital and information-telecommunication technologies was identified. The author notes that such websites often have short lifespans and use additional or backup sources to avoid being blocked by law enforcement agencies. These crimes are difficult to detect and prosecute due to the anonymity provided by the Internet. Methods of combating illegal distribution of pornographic content in the information sphere were identified, including responding to user complaints, reacting to signals from Roskomnadzor (Russian Federal Service for Supervision of Communications, Information Technology and Mass Media), and independent monitoring and removal of unlawful content. However, the author emphasizes that social networks are merely information intermediaries, and the content is created by users. The development of digital technologies, such as online broadcasts and webcam shows, has contributed to the expansion of the porn industry and facilitated users’ access to pornographic websites.