I think that context is a big deal. A child being nude isn't necessarily sexual; in some cultures childhood nudity is considered a sign of innocence. Of course, I know that a lot of the fanwork we're all familiar with doesn't really fall into this category. Also, would you consider something like Lolita would be considered child pornography?
I also don't think that its in the same class as real-life child pornography. As other people have pointed out, we don't arrest people for murder when they play GTA or Call of Duty. I personally think that it is sick and wrong, but should we really let our morals be such a factor in our laws? I think that there has to be a limit with regards to obscenity, but I don't that paper-and-ink children being exploited matters as much as real-life children being exploited.
Also, when it comes to fiction, what standard would we use to constitute underage? If in the fictional story the age of consent is 14 (which is not unheard of), would that character being in a sexual situation be considered CP? I'm actually curious to what everyone thinks about this, because I can't think of a concrete answer.
I agree that nudity is not always sexual and that not all nude images are porn. I think it depends per individual case and that would make it pretty hard to draw the line if you were to allow photographs of nude minors.
I don't think images of adults pretending to be younger is CP. And neither do I think your description on a fictional story should be considered CP. I personally think that, as long as no real-life children are being harmed or exploited, it doesn't truly matter and it shouldn't be illegal.
Yeah, but apparently DA doesn't think so. I've reported pictures where the character has been deemed 18 years of age, but LOOKS like a child with child-like torso, limb, and facial proportions. The artist says so, and even professional production companies do this at times. But, I do see your point.
Anime/Manga while I can't stop them from what they make, seems to be one of these sources. I could probably look up an anime/manga character who has been featured officially nude in their respective series, and find it on dA without any reports since 2009. (I tried reporting one particular picture once, and I even provided the character's age from the synopsis. dA said "Need information". ABOUT WHAT? THAT'S WHAT THE OFFICIAL SYNOPSIS SAYS!!!)
I don't know how long this complaint runs around these forums, but judging by the many comments on this thread, QUITE FRIGGEN OFTEN! Though... Not to be rude, =MaskedGuardian has a point...... to me, it is like saying it's illegal to kill someone in a video game, or slaughtering someone in a drawing, but no one talks about that. No one would ever dare complain about a corpse in a picture, or a stitched human doll. Because that is acceptable to the Gothics, so.. why not right?
I mean, yeah okay, it's annoying to see, but go so far as to call it illegal? Erm, I would not say that much.... okay, there are rules about it. But do you think Deviant Art really sticks by their own rules? I only see their own action taken on forums, or when submitting a ticket. never when it comes to pictures.