As other people have pointed out, this isn't so much true as popular belief might suggest. There are people out there who enjoy watching death, but most of the content comes from pre-existing stuff (security cameras, and deaths that were filmed for reasons other than making a snuff video).
However, I think that the same thing would apply to child porn. If murder was a misdemeanor, and if it were easier to get away with, I'm sure there would be a lot more 'snuff' videos, or videos filmed with the sole purpose of filming someone being killed. Child rape and abuse would still be a highly offensive crime, and especially if a video became popular, it would attract legal attention. And child porn distributors don't want that. Instead, they would most likely do exactly what the snuff distributors do -> compile existing videos of child rape and nudity and porn and whatever twisted fetish.
But there's an even stronger upside. Now, the content is public! Currently, the best place for a pedophile to get child porn is Tor, where several guides and communities exist regarding the legal-consequence-free production of child porn. Why? Because child porn is so tightly regulated that the only way for some pedophiles to get what they want is to produce it themselves.
Child porn is like the video of the person getting stabbed in the eyes by a screw driver. It happened, and there are probably people in the world who derive pleasure from watching the video. Be we shouldn't censor it. That act is something that happened, and banning the video doesn't change the fact that some people do terrible things.
The ban on child pornography is primarily our society trying to make a problem disappear by trying to hide it from consciousness. Child pornography is particularly special because it combines three things that are particularly touchy in our society (at the very least, midwest US society). 1. Sexuality. As a culture, we don't like being open about sexuality. We are very much "sexuality is beautiful - in marriage. Otherwise keep it away from me. Also keep it away from yourself, because it's not good for you." 2. Children. Watching an 80 year old man get murdered is pretty bad. Watching a 25 year old young adult getting murdered is harder to watch, especially if he had a bright future. Watching a 10 year old boy get murdered is terrible. What could a 10 year old boy have done that was so unforgivable? Rape is no different. 3. A strong historical stigma. I mention child pornography and you don't even have to picture child pornography. You already have a reaction, something that either you've programmed into yourself or that has been programmed into you (probably more the latter though).
That makes child pornography particularly hard to confront and justify. "Free speech is good, and I'm all for free speech, but child pornography is soooo awful, and it already exists as an exception. Do we really need to legalize something as awful child pornography for the sake of free speech? Are there even examples of legitimate child pornography? And what will people think if I start supporting the legalization of child pornography?"
There's a lot of momentum against the legalization of child pornography. But there's a lot of difficult-to-face logic that supports the legalization of child pornography. And again, legalizing child pornography does NOT mean legalizing production, does NOT mean legalizing abuse, does NOT mean supporting the act. It just means supporting the documentation of the act.
If none of the most horrible crimes against humanity were legal to be documented, journalism would die. We would lose historical records of the Holocaust. (Mountains of bodies? Is there a legitimate reason to have pictures lying around of mountains of dead naked bodies? Of course there's a good reason to legalize the possession of the horrible images that came out of the Holocaust. And the same reason applies to child pornography.)
However, I think that the same thing would apply to child porn. If murder was a misdemeanor, and if it were easier to get away with, I'm sure there would be a lot more 'snuff' videos, or videos filmed with the sole purpose of filming someone being killed. Child rape and abuse would still be a highly offensive crime, and especially if a video became popular, it would attract legal attention. And child porn distributors don't want that. Instead, they would most likely do exactly what the snuff distributors do -> compile existing videos of child rape and nudity and porn and whatever twisted fetish.
But there's an even stronger upside. Now, the content is public! Currently, the best place for a pedophile to get child porn is Tor, where several guides and communities exist regarding the legal-consequence-free production of child porn. Why? Because child porn is so tightly regulated that the only way for some pedophiles to get what they want is to produce it themselves.
There was one study (http://www.eurekalert.org/pub_releases/2010-11/s-lcp113010.p...) that suggested that legalizing child porn in an area actually reduced rates of child sex abuse. Isn't that the end goal?
Child porn is like the video of the person getting stabbed in the eyes by a screw driver. It happened, and there are probably people in the world who derive pleasure from watching the video. Be we shouldn't censor it. That act is something that happened, and banning the video doesn't change the fact that some people do terrible things.
The ban on child pornography is primarily our society trying to make a problem disappear by trying to hide it from consciousness. Child pornography is particularly special because it combines three things that are particularly touchy in our society (at the very least, midwest US society). 1. Sexuality. As a culture, we don't like being open about sexuality. We are very much "sexuality is beautiful - in marriage. Otherwise keep it away from me. Also keep it away from yourself, because it's not good for you." 2. Children. Watching an 80 year old man get murdered is pretty bad. Watching a 25 year old young adult getting murdered is harder to watch, especially if he had a bright future. Watching a 10 year old boy get murdered is terrible. What could a 10 year old boy have done that was so unforgivable? Rape is no different. 3. A strong historical stigma. I mention child pornography and you don't even have to picture child pornography. You already have a reaction, something that either you've programmed into yourself or that has been programmed into you (probably more the latter though).
That makes child pornography particularly hard to confront and justify. "Free speech is good, and I'm all for free speech, but child pornography is soooo awful, and it already exists as an exception. Do we really need to legalize something as awful child pornography for the sake of free speech? Are there even examples of legitimate child pornography? And what will people think if I start supporting the legalization of child pornography?"
There's a lot of momentum against the legalization of child pornography. But there's a lot of difficult-to-face logic that supports the legalization of child pornography. And again, legalizing child pornography does NOT mean legalizing production, does NOT mean legalizing abuse, does NOT mean supporting the act. It just means supporting the documentation of the act.
If none of the most horrible crimes against humanity were legal to be documented, journalism would die. We would lose historical records of the Holocaust. (Mountains of bodies? Is there a legitimate reason to have pictures lying around of mountains of dead naked bodies? Of course there's a good reason to legalize the possession of the horrible images that came out of the Holocaust. And the same reason applies to child pornography.)