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Following the amendments made by CJPOA 1994, this would even apply when A simply makes the data available to be transferred or downloaded electronically, by providing a password to B, so that B can access the materials and copy them.(16) The main concern of legislators and parents in relation to Internet content is child pornography, rather than other forms of pornographic content.

If illegal and harmful content on the Internet needs to be regulated then the question is: how should this be achieved?

Despite the popular perception, the Internet is not a ‘lawless place.’(4) Rather the Internet ‘poses a fundamental challenge for effective leadership and governance.’(5) Walker states that: ‘ In the current stage of modern, or post-modern society, one can expect a trend towards ‘governance’ rather than the ‘government’, in which the role of the nation state is not exclusive but may need further sustenance by the activation of more varied levels of power at second hand.’(6) According to Reidenberg, laws, regulations, and standards will affect the development of the Internet and this is also true for self-regulatory solutions introduced for the availability of pornographic content on the Internet.

But as with the Web and the Usenet, only a small fraction of the IRC channels are dedicated to sex.

There are more than 14,000 Usenet discussion groups all around the world but only around 200 groups are sex related, some of these relating to socially valuable and legitimate discussions, concerning, eg, homosexuality or sexual abuse.

This left a possible lacuna in section 1(3), OPA 1959, but this has now been plugged by CJPOA 1994 ,which amended the meaning of "publication" in that section, so that electronic transmission of pornographic material is now clearly covered by the 1994 Act.

When A sends B pornographic pictures attached to an e-mail, this electronic transmission will be a publication covered by the Act.(15) Section 1(2) of OPA 1964 makes it an offence to have an obscene article in ownership, possession or control with a view to publishing it for gain.

These range from pictures and short animated movies, to sound files and stories.