Volume 15, Issue 56 (4-2021)
MLJ 2021, 15(56): 105-122 |
Back to browse issues page
Download citation:
BibTeX | RIS | EndNote | Medlars | ProCite | Reference Manager | RefWorks
Send citation to:
BibTeX | RIS | EndNote | Medlars | ProCite | Reference Manager | RefWorks
Send citation to:
Ghaffari Cherati S, Haditabar E, Ghodsi S E. Cyber Pornography in the Concept of Disease (Diversion): Criteria and Reasons. MLJ 2021; 15 (56) :105-122
URL: http://ijmedicallaw.ir/article-1-1044-en.html
URL: http://ijmedicallaw.ir/article-1-1044-en.html
1- University of mazandaran, Babolsar, mazandaran, Iran
2- Department of Law, University of mazandaran, Babolsar, mazandaran, Iran
2- Department of Law, University of mazandaran, Babolsar, mazandaran, Iran
Abstract:
Background and Aim: Computer pornography means; Committing definite and conditionally reprehensible behaviors is defined as being through computer or telecommunication systems. The definition given by lawyers is based on law and differs from the definition of criminologists, psychologists and psychiatrists. From a legal point of view, computer pornography also has a criminal offense, but from a legal perspective, computer pornography is also included in the concept of disease and perversion.
Materials and Methods: This research is a qualitative research and uses analytical-descriptive method to examine the criteria and basic reasons for computer pornography. Describing the content through exchange of views and studying the existing theories will form the basis of the discussions. This article is written in such a way that a specific understanding of "computer pornography" will be considered as the main framework, and based on this, positive and negative criteria and the causes of the disease and deviation will be considered in the plant.
Results: The findings of the present article indicate that; Computer pornography seems to be among antisocial behaviors (deviance) and disease. Therefore, by explaining its criteria and reasons, and with the fact that computer pornography is considered a disease, its criminalization and punishment should also be different from the current legal approach. Finally, policy makers are advised to remove other forms of child pornography from the arsenal of criminal law, in addition to child pornography, and to address comprehensive responses with a preventive, therapeutic, and corrective approach under the heading of deviation and disease.
Ethical considerations: The present article from beginning to end to ethical principles; It adheres to honesty, confidentiality and the principle of material and intellectual property.
Conclusion: Basically, computer pornography should be considered a disease and a perversion. The medical standard as a superior standard with a preventive, corrective, therapeutic and educational approach to policy makers is more effective. Also the reasons for the criminalization of computer pornography, including; The reasons for supporting political, religious, social values and the principle of harm have lost their main function today, and with the disappearance of the criteria and reasons for criminalizing this phenomenon, it seems that computer pornography (except child pornography) Its criminal character must be removed. With the removal of pornography from the strict penal system, public institutions and community delegations with comprehensive responses such as; Public condemnation, pressure from grassroots institutions, accountability of physicians and psychologists, family reprimands, and informal institutions can all lead to a positive outcome. With the arrival of comprehensive, therapeutic, educational, preventive and corrective responses following the deviation and disease of computer pornography, the consequences and destructive effects of government responses such as; Authoritarianism, securityism, and the devaluation of punishments also disappear. Therefore, it is suggested that with a multidimensional view of the phenomenon of computer pornography, they move away from a purely one-dimensional legal perspective and leave the fight and prevention of this phenomenon to comprehensive institutions with a preventive, therapeutic and corrective approach. Finally, as a legal-criminological proposal, it seems that the fight against this phenomenon should be left to correctional and medical institutions with an educational approach; Of course, in the fight against child pornography, criminal measures and the use of criminalization, punishment and punishment mechanisms are necessary.
Cite this article as: Ghaffari Cherati S,Haditabar E, Ghodsi SE. Cyber Pornography in the Concept of Disease (Diversion): Criteria and Reasons. Medical Law Journal . 2021; 15(56): e7.
Materials and Methods: This research is a qualitative research and uses analytical-descriptive method to examine the criteria and basic reasons for computer pornography. Describing the content through exchange of views and studying the existing theories will form the basis of the discussions. This article is written in such a way that a specific understanding of "computer pornography" will be considered as the main framework, and based on this, positive and negative criteria and the causes of the disease and deviation will be considered in the plant.
Results: The findings of the present article indicate that; Computer pornography seems to be among antisocial behaviors (deviance) and disease. Therefore, by explaining its criteria and reasons, and with the fact that computer pornography is considered a disease, its criminalization and punishment should also be different from the current legal approach. Finally, policy makers are advised to remove other forms of child pornography from the arsenal of criminal law, in addition to child pornography, and to address comprehensive responses with a preventive, therapeutic, and corrective approach under the heading of deviation and disease.
Ethical considerations: The present article from beginning to end to ethical principles; It adheres to honesty, confidentiality and the principle of material and intellectual property.
Conclusion: Basically, computer pornography should be considered a disease and a perversion. The medical standard as a superior standard with a preventive, corrective, therapeutic and educational approach to policy makers is more effective. Also the reasons for the criminalization of computer pornography, including; The reasons for supporting political, religious, social values and the principle of harm have lost their main function today, and with the disappearance of the criteria and reasons for criminalizing this phenomenon, it seems that computer pornography (except child pornography) Its criminal character must be removed. With the removal of pornography from the strict penal system, public institutions and community delegations with comprehensive responses such as; Public condemnation, pressure from grassroots institutions, accountability of physicians and psychologists, family reprimands, and informal institutions can all lead to a positive outcome. With the arrival of comprehensive, therapeutic, educational, preventive and corrective responses following the deviation and disease of computer pornography, the consequences and destructive effects of government responses such as; Authoritarianism, securityism, and the devaluation of punishments also disappear. Therefore, it is suggested that with a multidimensional view of the phenomenon of computer pornography, they move away from a purely one-dimensional legal perspective and leave the fight and prevention of this phenomenon to comprehensive institutions with a preventive, therapeutic and corrective approach. Finally, as a legal-criminological proposal, it seems that the fight against this phenomenon should be left to correctional and medical institutions with an educational approach; Of course, in the fight against child pornography, criminal measures and the use of criminalization, punishment and punishment mechanisms are necessary.
Cite this article as: Ghaffari Cherati S,Haditabar E, Ghodsi SE. Cyber Pornography in the Concept of Disease (Diversion): Criteria and Reasons. Medical Law Journal . 2021; 15(56): e7.
Type of Study: Original Article |
Received: 2019/11/4 | Accepted: 2020/05/10
Received: 2019/11/4 | Accepted: 2020/05/10
Send email to the article author
| Rights and permissions | |
 |
This work is licensed under a Creative Commons Attribution-NonCommercial 4.0 International License. |
