CYBERSEX TRAFFICKING ON CHILDREN
With the proliferation of technology worldwide, human trafficking has advanced beyond its “traditional” form. No longer is the sexual exploitation of children limited to face-to-face contact, as cyber-sex trafficking allows this exploitation to occur through a computer screen from thousands of kilometres away. With the aid of technology, children are now sexually abused through the internet. The children are usually coerced by adult predators or paedophile whose location can be anywhere in the world. Cybersex trafficking is a horrendous violation of the dignity of human beings, and it is also a threat to the safety and health of people. It has never been more relevant that Australia and the international community develop legislation which effectively prevents, punishes and deters this sort of conduct. Transnational crimes such as this can only be effectively combated through strong cross-border cooperation, driven by national law enforcement agencies who’s aim is to protect the 2 million children who are involved in the sex trade worldwide.
Keywords
Cybersex Trafficking, a modern-day slavery
Content Hosting, Providers and Distribution.
Cybersex trafficking is considered a form of modern-day slavery. It is the sexual abuse of children that is perpetrated through a live stream of sexual exploitation of children through the internet. Through the coercion of adults that collect cash through an online transaction, the children are recorded performing sexual acts in real-time by either a sexual predator or paedophile whose location can be anywhere in the world. It should be understood that Livestream of sexual content for profit can be associated with several offences which may include but not limited to human trafficking and child pornography. It can argue that cybersex trafficking is a specie of sexual violence that may require special prosecutorial priority.[1]
Cybersex trafficking usually is perpetrated through the hosting of explicit sexual content, especially that of minors. For instance, in 2009, an Illinois Sheriff brought a lawsuit against an organization known as Craigslist.org, that was hosting erotic services including the use of children as content creators on its site[2] Organizations like Craigslist are platforms through which human traffickers and pimps entice young children into the commercial sex industry, and usually, this is done under false pretences. In the creation of sexual content, the cybersex traffickers can use internet and websites in selling sex content and even the actual women and children that they have enslaved. Cybersex traffickers can also use other range of internet platforms like chat rooms, peer-to-peer file sharing, social media groups in hosting and distributing erotic content. While the phenomenon of sex trafficking is not new, the utilization of technology and the internet is a unique resource that sex trafficker uses to find vulnerable women and children for sexual exploitation hence the name cybersex trafficking. By use of the internet, sex traffickers can hide their identity while at the same time exploiting their victims[3] Because the internet is highly unregulated, the Cybersex traffickers, the pimps and the consumers of this erotic content can exploit children for criminal purposes with minimal fear of prosecution. Further, it is very easy for the cybersex traffickers to share their content and experiences with an expansive world which further normalizes the exploitation of the trafficked children. The internet platforms have a global reach, and therefore, the local jurisdiction is not able to tackle this problem[4]
Cybersex trafficking as a form of modern-day slavery
It is estimated that the global sex trafficking industry makes up to 150 billion dollars of profits annually. If the trend continues, the crime of human and sex trafficking is likely to become the number one crime globally. Cybersex trafficking is considered to be a form of modern-day slavery. When most people hear of the term slavery, what comes into the mind is that it is an institution of antiquity and the obscene and brutal acts of Africans being ejected and ripped out of their houses and transported work in cotton and sugar plantations, comes into mind. However, this kind of slavery is no longer existent, but some modern form of slavery has emerged, and one of them is cybersex trafficking[5]
Legally, a slave is defined as “a slave is a person owned by someone and slavery is the state of being under the control of someone where a person is forced to work for another.”[6]In the present world, the forms of slavery have significantly changed. Modern-day slavery now has statistically by scale and magnitude surpassed the African slave trade. Scholars point out that both sex and labour slaves in every corner of the world are living and working in conditions that are so cruel, and they have no possibility of escaping. What is unsettling is that a great percentage of the modern-day slaves are children and the children are working mainly as sex slaves and not labour slaves.[7]
The number of slaves in the world now is higher than ever before in history; however since slavery is a black-market trade, it is difficult to estimate the number of modern-day slaves that exist in the world today. The International labour organization estimates the number to be at 40 million, and around four million of these slaves are exploited for sex. Of the forty million estimated slaves, UNICEF alludes that 2.5 million of them are children[8] Cybersex trafficking especially of minors, therefore, fits into the description of modern-day slavery, since most of the children are held against their will, and they are exploited for sex and work under the most challenging and cruel conditions.[9]
Why is modern-day slavery an offence?
Modern-day slavery is considered an offence since it goes against many local and international laws. Many crimes are time-limited single events. However, modern slavery is a hidden crime, and its duration is indeterminate. The offence is usually comprised of a series of activities and events, and the location of occurrence of these crimes traverses national borders. The victims and offenders involved in modern-day slavery are multiple and of different periods.[10] Modern-day slavery is considered a crime because it is perpetrated alongside other offences like causing bodily harm, rape, assault and child sexual abuse. It is important to note that modern slavery offences and complex and multiple victims and offenders are involved, and the offences usually cross international boundaries[11] Modern-day slavery is considered a crime against humanity, and that is the reason why many legislations, both local and international, have been brought into existence. For instance, the Palemo Protocol[12] Is one of the vital international legislation against human trafficking. In the UK, various human trafficking offences also exist. For instance, in Wales, we have The Modern Slavery Act of 2015[13], And The Human Trafficking and Exploitation (Criminal Justice and Support for Victims) Act (Northern Ireland) 2015[14]. All these acts are construed to be in accordance with the European Convention on Human Rights (Article 4).
International legal framework on cybersex trafficking and Commonwealth criminal code
The issue of human trafficking and slavery is one that traverses local and international borders and therefore, fighting these vices requires international legal frameworks. Some of the internationallegal frameworks that are against child trafficking and slavery include The Council of Europe Convention on Cybercrime[15], Optional Protocol to the Convention on theRights of the Child on the sale of Children,[16] Child Prostitution and Child Pornography, and the United Nations Convention on the Rights of the Child.[17]
In the year 1997, the council of Europe which comprises of 47 European countries tasked a committee of experts in the area of cybercrime to defined and identify the new crimes, the criminal liabilities, the jurisdictional right that were pertaining to the internet. The goal was to create a policy that was uniform among these countries, that offered protection against cybercrime, that could even be applied by the global community. The resulting Convention of Cybercrime of the Council of Europe was passed in June of 2001, and now it is a recognized global document on this issue. The report defines cybercrime and suggests the development of policies to prevent these crimes that are committed through the internet[18]
The United Nations Convention on the Rights of the Child (UNCRC) was also developed to protect the rights of the child. Today, it hard to conceive any scholarly or legislative work, without referring the UNCRC. The document mainly dwells on the protection of the rights of the child, including the right to protection from sexual exploitation and slavery[19]
Other legal frameworks on Cybersex trafficking.
The Australian legal framework is also keen on the issue of human trafficking and slavery. It has been noted that trafficking in the sex industry is also prevalent in Australia. For instance, in 2015/2016, the Australian Federal Police were able to receive over 160 referrals that were related to human trafficking and slavery offences. Thirty-nine of those cases were associated with the sexual exploitation of children[20] In the same year also, the Australian government received intelligence from the UN Office on Drugs and Crime it suspected that there were many sexual exploitation cases in Australia, especially sexual exploitation of children.[21] This is the reason why the commonwealth criminal code is very particular on the issue of human trafficking and cybercrime. For instance, the Cybercrime act of 2001, instigated the introduction of computer offences into the Commonwealth Criminal code of 1995 with a maximum penalty of these offences being up to ten years of imprisonment[22]Other countries also have not been left behind in enacting legislations that aim at preventing cybersex trafficking offences. For instance, The Modern Slavery Act 2015 of Wales, was able to consolidate the slavery and trafficking offences into two, covering crimes within the country and across borders. The act also clarified that the offence of slavery and human trafficking had the same meaning as article four of the ECHR (European Convention on Human Rights).
Recommendation for ending Cybersex trafficking and further proposals
Owing to the severity of the evil of cybersex trafficking and slavery, it is recommended that all countries and individuals in the world have to work to end this vice diligently. One of the Organizations that have given good recommendations in ending this vice is the International Justice Mission Australia. The Mission was responding to an inquiry into the Modern Slavery act of 2018 of Australia and other associated matters.[23] The Mission keenly noted that slaves are captured by perpetrators that are greedy and have a belief that money is more significant than the lives of human beings. Therefore, the Mission proposed that all people, governments and organizations of goodwill, should not allow these slave owners to prosper[24]
The Mission made recommendations that the legislation (Modern Slavery act of 2018 of Australia) will have an impact in rescuing and protecting the millions of the exploited people. The Mission also observed that the legislation provided the country of Australia with an opportunity of being a global leader in the fight against modern slavery. The Mission also recommended that the government should take adequate steps in ensuring that no business in the country was tainted with the vice of slavery and human trafficking. The Mission also submitted that, under the legislation, the Anti-Slavery commander, be given the mandate of undertaking a yearly review of the legislation to ensure that it was still adequate in providing the legislative framework for the fight against human trafficking and slavery, and for the prosecution of individuals and businesses that are involved in the exploitation of human rights.[25]
In Australia, other recommendations that seek protection from human trafficking and slavery include those of Anti-slavery Australia. The first recommendation is that of ensuring that there is adequate legal and community response to child online exploitation. The organization also recommended for effective content regulation in Australia and cooperation between law enforcement agencies in rooting out this vice. Ant-slavery Australia, also suggested that the country should develop a national response that is effective in responding to child online exploitation.
On International law enforcement response. Research has noted that many countries do not have legislation that is adequate and effective in combating cybersex trafficking and slavery. For instance, in the Philippines, after a man released a fatal computer virus known as ‘I Love You’, the culprit went free since there were no laws then that could make him guilty. However, this incident prompted the Philippines government to enact the Electronic Commerce Law, that was to protect people from all forms of cybercrimes.[26]
Conclusion
There is no doubt that the offences of cybercrimes are significantly damaging with serious ramifications. Since the crimes affect virtually all nations in the world, every nation must update the cybercrime laws in their countries. The governments should also support all international treaties, Convention and laws that fight cybercrime and slavery since many of these offences are cross border. Individuals and organizations and businesses should also not be left behind if this crime has to be defeated.
References
https://www.ijm.org/documents/Cybersex-Trafficking-FAQs.pdf
Kunze, Erin I. “Sex trafficking via the internet: How international agreements address the problem and fail to go far enough.” J. High Tech. L. 10, (2009): 241.
Murray, C., 2019. Technology and Child Sex Trafficking: A Comparative Study of the United States, Venezuela, And the Philippines. Plan II Honors Theses-Openly Available.
https://www.antislaverycommissioner.co.uk/media/1190/a-typology-of-modern-slavery-offences.pdf
Allain, Jean. “2000 Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children. Supplementing the United Nations Convention against Transnational Organized Crime.” In Slavery in International Law, pp. 410-421. Brill Nijhoff, 2013.
National Archives (2015) Modern Slavery Act 2015. Available: http://www.legislation.gov.uk/ukpga/2015/30/contents Accessed 23 June 2017.
National Archives (2015) Human Trafficking and Exploitation (Criminal Justice and Support for Victims) Act (Northern Ireland) 2015. Available: http://www.legislation.gov.uk/nia/2015/2/contents Accessed 17 July 2017.
Cohen, Cynthia Price. “United Nations: Convention on the rights of the child.” International Legal Materials 28, no. 6 (1989): 1448-1476.
Revaz, Cris R. “The optional protocols to the UN Convention on the Rights of the Child on Sex Trafficking and Child Soldiers.” Human Rights Brief 9, no. 1 (2001): 4.
Marion, Nancy E. “The council of Europe’s cybercrime treaty: An exercise in symbolic legislation.” International Journal of Cyber Criminology 4, no. 1/2, (2010): 699.
Simmons, Frances, Brynn O’Brien, Fiona David, and Laura Beacroft. “Human trafficking and slavery offenders in Australia.” Trends and issues in crime and criminal justice 464 (2013): 1.
[1]. https://www.ijm.org/documents/Cybersex-Trafficking-FAQs.pdf
[2]. Kunze, Erin I. “Sex trafficking via the internet: How international agreements address the problem and fail to go far enough.” J. High Tech. L. 10, (2009): 241.
[3]. Kunze, Erin I. “Sex trafficking via the internet (n2)
[4]. Ibid
[5]. Murray, C., 2019. Technology and Child Sex Trafficking: A Comparative Study of the United States, Venezuela, And the Philippines. Plan II Honors Theses-Openly Available.
[6]. Ibid, 8
[7]Murray. C, Technology and Child Sex Trafficking (n5)
[8]. Ibid
[9]. Kunze, Erin I. “Sex trafficking via the internet (n2)
[10]. https://www.antislaverycommissioner.co.uk/media/1190/a-typology-of-modern-slavery-offences.pdf
[11]. Antislavery commissioner (n10)
[12]. Allain, Jean. “2000 Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children. Supplementing the United Nations Convention against Transnational Organized Crime.” In Slavery in International Law, pp. 410-421. Brill Nijhoff, 2013.
[13]. National Archives (2015) Modern Slavery Act 2015. Available: http://www.legislation.gov.uk/ukpga/2015/30/contents Accessed 23 June 2017.
[14]. National Archives (2015) Human Trafficking and Exploitation (Criminal Justice and Support for Victims) Act (Northern Ireland) 2015. Available: http://www.legislation.gov.uk/nia/2015/2/contents Accessed 17 July 2017.
[15]. Marion, Nancy E. “The council of Europe’s cybercrime treaty: An exercise in symbolic legislation.” International Journal of Cyber Criminology 4, no. 1/2, (2010): 699.
[16]Revaz, Cris R. “The optional protocols to the UN Convention on the Rights of the Child on Sex Trafficking and Child Soldiers.” Human Rights Brief 9, no. 1 (2001): 4.
[17]Cohen, Cynthia Price. “United Nations: Convention on the rights of the child.” International Legal Materials 28, no. 6 (1989): 1448-1476.
[18]: Marion, Nancy E. “The council of Europe’s cybercrime treaty (n15).
[19].Cohen, Cynthia Price. “United Nations: Convention on the rights of the child (n17).
[20]. Simmons, Frances, Brynn O’Brien, Fiona David, and Laura Beacroft. “Human trafficking and slavery offenders in Australia.” Trends and issues in crime and criminal justice 464 (2013): 1.
[21] Ibid
[22]. Ibid
[23].https://www.parliament.nsw.gov.au/lcdocs/submissions/65622/0010%20International%20Justice%20Mission%20Australia.pdf
[24]. Australian Parliament (n23)
[25]Ibid
[26]Marion, Nancy E. “The council of Europe’s cybercrime treaty (n15).