Illegal content

From Saferpedia

Illegal content is the content (online or offline) considered to be illegal by the national law. Example: images depicting children sexual abuse, illegal activity in chat rooms, websites that incite to hatred and xenophobe ideas. According to Romanian legislation, illegal content may constitute crime or contravention.

What is illegal content

Illegal content is the one that damages, threatens, abuses, harasses, is defamatory, vulgar, obscene, fuels hatred or racism, in a way which may be objected, especially showing pornographic material, showing the use of force or endangering youth.

The following constitute illegal or forbidden content:

offensive or unreal content which promotes racism, hatred, and physical abuse caused to an individual or a group of individuals, content that offends, abuses, insults both individuals and companies or institutions;
content that harasses or promotes the harassment of another person or exploiting people in a sexual or violent manner, involves nudity, violence, sexual themes or offensive;
content involving false information, promoting illegal activities or abusive behavior, threatening, obscene, libelous, etc;
content that infringes the rights of third parties: patents, trademarks, copyrights and related, property rights, personal or intellectual rights;
content that promotes illegal services or selling prohibited by law objects.

Illegal content as a crime

In general, child pornography represents pornographic materials that present children (under 18 years in Romania). Internet child pornography represents the production of child pornography, offering and providing these materials, spread and transmission of material through computer systems, procuring for himself or for another illegal materials with children, etc. The legislative act which legislates the crime of child pornography in Romania is the Law number 161/2003. Child sexual abuse is the sexual abuse on a child under 15 years, obscene activities done to a child or in a child presence.

Illegal content as contravention

There are considered contraventions the following:

children access in spaces destined to selling obscene materials or in premises with or erotic programs or striptease;
selling videos or pornographic publications to minors;
selling obscene materials in spaces located to a lower distance than 250 m from schools or other public spaces destined to children;
selling obscene materials without adequate packaging, so it wont allow browsing them.

The legislative acts that legislates these contraventions are Law nr. 196/2003 regarding preventing and fighting pornography and Law nr. 365/2002 regarding ecommerce.