Criminalisation

This chapter explores the convergence of parental and governmental anxieties about risk and harm that contribute to the criminalisation of children for digitally-enabled crimes. Through analysis of cases involving cyberbullying, sexting, and the creation and distribution of child sex abuse material (CSAM), the chapter argues that the reliance on child pornography legislation to deal with cultural anxieties about youthful sexual expression constitutes “protection through prosecution” and contravenes children’s rights by weaponising adult-oriented instruments of criminalisation such as child pornography statute and child sex offender registration regimes. The life-changing and/or lethal outcomes in such cases highlight the dire need for an improved understanding of the techno-social field in which youthful sexual expression occurs.