this post was submitted on 13 Jun 2023
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It should be up to instance admins to decide, since they are ultimately responsible for the things that are hosted/accessible on their server.
I for one would not want to be effectively distributing any porn or loli stuff on my server, so I'll be defederating from instances that are entirely that.
Loli stuff is illegal though, at least in the United States. Viewing even accidentally can be considered a crime. The OP has a valid point.
I'm not a lawyer either, but a quick search shows that state law is the thing this could be breaking. It's not criminally punishable to possess it, but acquiring or distributing it via the internet is potentially illegal. Here's a page from a Massachusetts lawyer discussing the legality. https://anthonyricciolaw.com/is-lolicon-legal-in-the-us/#:~:text=Under%20federal%20law%2C%20a%20simple,state%20laws%20regarding%20child%20pornography.
Edit: apparently that's only part of the requirements for illegality. The other part is sexuality or not having "value" which is subjective. Either way, it's a dice roll on criminal acts.
I've seen this image where it's basically a state by state case of legality
This server isn't in the United States.