Protection of Children (Northern Ireland) Order 1978

Interpretation N.I.

2.—(1) The Interpretation Act (Northern Ireland) 1954 [1954 c.33] shall apply to Article 1 and the following provisions of this Order as it applies to a Measure of the Northern Ireland Assembly.

(2) In this Order—

• “child”[F1 subject to paragraph (3)(c)] means a person under the age of [F2 eighteen];

• “film” includes any form of video-recording;

• “indecent photograph” includes an indecent film, a copy of an indecent photograph or film, and an indecent photograph comprised in a film;

• [F1 “indecent pseudo‐photograph” includes—

  (a)

  a copy of an indecent pseudo‐photograph; and

  (b)

  data stored on a computer disc or by other electronic means which is capable of conversion into [F3 an indecent pseudo-photograph];

• “photograph” includes—

  (a)

  the negative as well as the positive version; and

  (b)

  data stored on a computer disc or by other electronic means which is capable of conversion into a photograph;

• “pseudo‐photograph” means an image, whether made by computer‐graphics or otherwise howsoever, which appears to be a photograph;]

[F4 (2A) In this Order, references to a photograph also include—

(a) a tracing or other image, whether made by electronic or other means (of whatever nature)—

(i) which is not itself a photograph or pseudo-photograph, but

(ii) which is derived from the whole or part of a photograph or pseudo-photograph (or a combination of either or both); and

(b) data stored on a computer disc or by other electronic means which is capable of conversion into an image within paragraph (a);

and paragraph (3)(c) applies in relation to such an image as it applies in relation to a pseudo-photograph.]

(3) For the purposes of this Order—

(a) a person is to be regarded as distributing an indecent photograph[F1 or pseudo‐photograph] if he parts with possession of it to, or exposes or offers it for acquisition by, another person; and

(b) photographs (including those comprised in a film) shall, if they show children and are indecent, be treated as indecent photographs of children[F1 and so as respects pseudo‐photographs; and].

[F1 (c) if the impression conveyed by a pseudo‐photograph is that the person shown is a child, the pseudo‐photograph shall be treated as showing a child and so shall a pseudo‐photograph where the predominant impression conveyed is that the person shown is a child notwithstanding that some of the physical characteristics shown are those of an adult.]

F1 1994 c. 33

F2 Art. 2(2): word in the definition of "child" substituted (2.2.2009) by Sexual Offences (Northern Ireland) Order 2008 (S.I. 2008/1769 (N.I. 2)), arts. 1(3), 42(2); S.R. 2008/510, art. 2

F3 Art. 2(2): words in the definition of "indecent pseudo-photograph" substituted (8.7.2008) by Criminal Justice and Immigration Act 2008 (c. 4), ss. 70(2), 153(2)(c)

F4 Art. 2(2A) inserted (8.7.2008) by Criminal Justice and Immigration Act 2008 (c. 4), ss. 70(3), 153(2)(c) (with Sch. 27 para. 24(2))