61.	Child pornography is defined in article 2 OPSC as “any representation of a child engaged in real or simulated explicit sexual activities, regardless of the means used, or any representation of the sexual parts of a child for primarily sexual purposes”. The qualification “by whatever means” reflects the broad range of material available in a variety of media, online and offline. It includes, inter alia: visual material such as photographs, movies, drawings and cartoons; audio representations; any digital media representation; live performances; written materials in print or online; and physical objects such as sculptures, toys, or ornaments.

62.	The Committee urges States parties to prohibit, by law, child sexual abuse material in any form. The Committee notes that such material is increasingly circulating online, and strongly recommends States parties to ensure that relevant provisions of their Criminal Codes cover all forms of material, including when the acts listed in article 3.1(c) are committed online and including when such material represents realistic representations of non-existing children.

63.	The Committee is of the view that “simulated explicit sexual activities” should be interpreted as including any material, online or offline, that depicts or otherwise represents any person appearing to be a child engaged in real or simulated sexually explicit conduct and realistic and/or virtual depictions of a child engaged in sexually explicit conduct. Such depictions contribute to normalising the sexualisation of children and fuels the demand of child sexual abuse material.

64.	Moreover, for the reasons explained in paragraph 63, any representation of the sexual parts of a child, including realistic images of the sexual organs of a child, for primarily sexual purposes falls under the definition of this offence. Where it may be complicated to establish with certainty if a representation is intended or used for “primarily sexual purposes”, the Committee deems it necessary to consider the context in which it is being used.

65.	The Committee draws the attention of States parties to an increasing international reluctance to use the term “child pornography”. The term is considered to undermine the situation of the victim because it suggests a connection with pornography – an activity that is often legal, in which the subject participates voluntarily and to which the subject is capable of consenting, i.e. an adult. This is far from the reality of child victims of sexual exploitation and abuse.

66.	The Committee therefore recommends that States parties, in line with recent developments, avoid the term “child pornography” to the extent possible in legislation and policy, and use other terms such as the “use of children in pornographic performances and materials”,  “child sexual abuse material” and/or “child sexual exploitation material”.