(August 25, 2021 at 4:58 pm)Spongebob Wrote: If it was considered porn it would have been censored a long time ago.
Just for the record, there’s a legal test for whether or not a picture constitutes child pornography called The Dost Test. And since I own a copy, here’s my attempt at cross-referencing it with the criteria:
Whether the focal point of the visual depiction is on the child's genitalia or pubic area.
No, and, frankly, it took me years to make out “yep, that’s a baby dick.”
Whether the setting of the visual depiction is sexually suggestive, i.e., in a place or pose generally associated with sexual activity.
Swimming =/= sexual activity.
Whether the child is depicted in an unnatural pose, or in inappropriate attire, considering the age of the child.
The closest thing I can see is the whole “baby swimming at all” thing, but apparently, this is a thing according to Wikipedia’s page on infant swimming.
Whether the child is fully or partially clothed, or nude.
Nude, but, frankly, child nudity on its own is actually not sufficient to constitute child pornography. The Criterion Collection has several films with nonsexual nude shots of children and unless films like Walkabout, Powaqqatsi, Once Upon a Time in America and Woman Under the Influence are going to be impounded by the Feds, I can’t expect that to change anytime soon. And, yes, I know OuATIA isn’t in the Criterion Collection but that diaper scene is such an obvious example that I couldn’t, in good conscience, not reference it.
Whether the visual depiction suggests sexual coyness or a willingness to engage in sexual activity.
I’m gonna defer to J. Jonah Jameson here
Whether the visual depiction is intended or designed to elicit a sexual response in the viewer.
See the previous point.
While they say that not all criteria have to be met, given that the one criterion that does fit is known to not be sufficient, I’m going to have to say “Not CP.”
And whether or not using the baby at all is exploitative, the thing is, if applied consistently, that would preclude including children in art or entertainment at all.