1 Indecent photographs of children.
1
It is an offence for a person—
a
b
to distribute or show such indecent photographs F3or pseudo-photographs; or
c
to have in his possession such indecent photographs F3or pseudo-photographs, with a view to their being distributed or shown by himself or others; or
d
to publish or cause to be published any advertisement likely to be understood as conveying that the advertiser distributes or shows such indecent photographs F3or pseudo-photographs, or intends to do so.
2
For purposes of this Act, a person is to be regarded as distributing an indecent photograph F4or pseudo-photograph if he parts with possession of it to, or exposes or offers it for acquisition by, another person.
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Proceedings for an offence under this Act shall not be instituted except by or with the consent of the Director of Public Prosecutions.
4
Where a person is charged with an offence under subsection (1)(b) or (c), it shall be a defence for him to prove—
a
that he had a legitimate reason for distributing or showing the photographs F5or pseudo-photographs or (as the case may be) having them in his possession; or
b
that he had not himself seen the photographs F5or pseudo-photographs and did not know, nor had any cause to suspect, them to be indecent.
5
References in the M1Children and Young Persons Act 1933 (except in sections 15 and 99) to the offences mentioned in Schedule 1 to that Act shall include an offence under subsection (1)(a) above.
6
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In paragraph 1 of the Schedule of Visiting Forces Act 1952 (offences against the person in the case of which a member of a visiting force is in certain circumstances not liable to be tried by a United Kingdom court), after sub-paragraph (b)(viii) (inserted by the Sexual Offences Act 1956) there shall be added—
ix
section 1(1)(a) of the Protection of Children Act 1978