With the internet providing access to all kinds of content, there are some types of content that are considered illegal to view or distribute. While free speech laws allow for diverse content, there are limits when it comes to content that is harmful, dangerous or infringes on copyright.
Child Pornography
One of the most obvious types of content that is illegal to view or distribute online is child pornography. Child pornography refers to sexual or exploitive media that features minors under the age of 18. This includes photos, videos, digital images and other media.
Most countries have laws prohibiting the creation, distribution and possession of child pornography. For example, in the United States, child pornography is illegal under federal law and the laws of all 50 states. Anyone who is found to be in possession of or distributing child pornography can face severe criminal penalties including fines and jail time. The laws apply to viewing child pornography online, downloading it or distributing it.
Penalties for Child Pornography
The penalties for crimes related to child pornography can be harsh. Under federal law in the U.S., first time offenders can face fines and up to 20 years in prison. Repeat offenders can face even stiffer penalties. The table below outlines some of the potential penalties for child pornography offenses:
| Offense | Potential Penalties |
|---|---|
| Possession | Fines, 5-20 years in prison |
| Distribution | Fines, 15-40 years in prison |
| Production | Fines, 25-50 years in prison |
As the penalties indicate, all aspects of child pornography – downloading, distributing and creating – are illegal. Many countries around the world have similar laws prohibiting this kind of content.
Obscenity
Another form of content that is illegal to distribute or possess in many places is obscenity. Unlike child pornography which is universally illegal, obscenity laws vary more between countries and local jurisdictions. In the United States, obscenity is defined by meeting a three-pronged Miller test:
- The average person would find that the content appeals to prurient, shameful, or morbid interests.
- The content depicts sexual acts in an offensive way.
- The content lacks serious literary, artistic, political, or scientific value.
If a work meets these criteria, it can be deemed obscene and prohibited from being distributed or possessed publicly. However, obscenity laws do not apply to content shared privately between adults. It also does not apply to content with redeeming value such as works of art.
Obscenity on the Internet
When it comes to the internet, obscenity laws can be difficult to enforce. Still, in the U.S., there have been some people charged for distributing obscene content online through websites or file sharing services. This can include distributing pornographic photos, videos or other graphic sexual content.
Most online obscenity cases that are prosecuted involve content that meets the definition of obscenity but also relates to criminal acts such as assault or rape. The obscenity charge enhances the criminal charges. Outright obscenity prosecutions related just to graphic sexual acts between consenting adults are less common.
Extreme Acts of Violence
Graphic videos depicting extreme acts of violence may also be deemed illegal to distribute in certain contexts and jurisdictions. This can include videos that glorify violence or show real acts of extreme violence being carried out.
For example, videos created by terrorist groups that depict graphic beheadings or mass executions could be illegal to distribute or possess in many places. Even videos of violence not created by criminal groups could be prohibited if they are deemed to promote dangerous criminal acts.
As with obscenity, the laws related to distributing graphic violent content can vary significantly between jurisdictions. But videos that promote dangerous criminal acts or lack any redeeming value are more likely to be found in violation of local laws.
Revenge Porn
In recent years, many places have also enacted laws prohibiting revenge porn. Revenge porn refers to private nude or sexually explicit images that are shared online without the consent of the person depicted. These are often photos or videos that were taken consensually within a prior relationship.
When a partner distributes these kinds of private images online without the consent of the other person, it can cause significant personal, professional or psychological harm. In response, laws now prohibit revenge porn in many jurisdictions.
For example, in the United States, 46 states have enacted laws against non-consensual pornography. Penalties for those convicted can include fines and jail time depending on the jurisdiction and details of the case.
Revenge Porn Laws by State
The following table summarizes which U.S. states currently have laws specifically prohibiting revenge porn and what the penalties are:
| State | Law | Potential Penalties |
|---|---|---|
| Alabama | Yes | Up to 1 year in jail |
| Alaska | Yes | Up to 1 year in jail |
| Arizona | Yes | Up to 6 months in jail |
| Arkansas | Yes | Up to 1 year in jail |
| California | Yes | Up to 6 months in jail |
| Colorado | Yes | Up to 18 months in jail |
| Connecticut | Yes | Up to 5 years in prison |
Copyrighted Material
Copyright infringement is another form of illegal content online in most places. Copyright laws protect the creators of original works by giving them control over the distribution and reproduction of their content. There are some exceptions that allow for fair use, but in general, distributing significant portions of copyrighted works online without permission is illegal.
Some types of copyrighted content commonly shared illegally online include:
- Movies
- TV shows
- Music
- E-books
- Software programs
- Video games
Penalties for copyright infringement can range from fines to jail time in severe cases or repeat offenses. Most countries have digital rights and copyright laws that prohibit this kind of illegal online distribution of copyrighted works.
DMCA Takedown Notices
In the United States, copyright holders can also issue DMCA takedown notices to websites and online services that host copyright infringing content. Under the Digital Millennium Copyright Act (DMCA), online services must promptly remove access to any content identified in a valid DMCA notice sent by the copyright holder.
The table below shows the number of DMCA takedown notices issued to some top online services in 2021:
| Company | DMCA Notices |
|---|---|
| 567 million | |
| Cloudflare | 56 million |
| 6.6 million | |
| 4.6 million | |
| WordPress | 4 million |
The extremely high number of DMCA notices, especially to services like Google and Cloudflare, demonstrate how rampant copyright infringement online still is around the world.
Other Potentially Illegal Content
While the categories above cover the most prominent types of content illegal to distribute or possess online, there are some other forms of content that may violate local laws in some jurisdictions. This can include:
- Extreme hate speech or incitement of violence
- Instructional guides for illegal acts
- Non-consensual intimate imagery (in jurisdictions without specific revenge porn laws)
- Defamatory speech
The laws related to these types of content are less uniform and more open to local interpretation and precedent. But in certain contexts, extremist content, dangerous instructions illegal acts, and malicious false speech can cross the line into legal consequences in some areas.
Avoiding Accidental Violations
With such severe penalties applicable for viewing and distributing illegal content online, internet users should take care to educate themselves on local laws and avoid any inadvertent violations. Some tips include:
- Only view and download content from trusted legal sources.
- Do not view content labeled as potentially illegal or disturbing.
- Use the strictest privacy settings on websites and services.
- Never share intimate photos or videos of partners from past relationships.
- Do not download or share any films, music, e-books or software where you do not have explicit permission from the copyright holder.
Being proactive about internet safety and respecting content ownership is the best way for internet users to steer clear of accidental legal violations online.
Conclusion
There are several prominent categories of content that are illegal to view, download or distribute online in most jurisdictions. These include child pornography, obscenity, extreme violence, copyright infringement and revenge porn. Penalties for crimes related to this kind of content can be severe depending on the jurisdiction and severity of the offense. While laws vary between countries and local areas, internet users should educate themselves and take care to avoid viewing any potentially illegal content online, both intentionally and accidentally.