Part VII Obscenity and Pornography and Videos
Obscene publications and indecent photographs of children
E184 Indecent pseudo-photographs of children.
1
The M1Protection of Children Act 1978 shall be amended as provided in subsections (2) and (3) below.
2
In section 1 (which penalises the taking and distribution of indecent photographs of children and related acts)—
a
in paragraph (a) of subsection (1)—
i
after the word “taken” there shall be inserted the words “
or to make
”
, and the words following “child” shall be omitted;
ii
after the word “photograph” there shall be inserted the words “
or pseudo-photograph
”
;
b
in paragraphs (b), (c) and (d) of subsection (1), after the word “photographs” there shall be inserted the words “
or pseudo-photographs
”
;
c
in subsection (2), after the word “photograph” there shall be inserted the words “
or pseudo-photograph
”
; and
d
in paragraphs (a) and (b) of subsection (4), after the word “photographs” there shall be inserted the words “
or pseudo-photographs
”
.
3
In section 7 (interpretation)—
a
in subsection (3), at the end, there shall be inserted the words “
and so as respects pseudo-photographs
”
; and
b
for subsection (4) there shall be substituted the following subsection—
4
References to a photograph include—
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.
c
after subsection (5) there shall be inserted the following subsections—
6
“Child”, subject to subsection (8), means a person under the age of 16.
7
“Pseudo-photograph” means an image, whether made by computer-graphics or otherwise howsoever, which appears to be a photograph.
8
If the impression conveyed by a pseudo-photograph is that the person shown is a child, the pseudo-photograph shall be treated for all purposes of this Act 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.
9
References to an indecent pseudo-photograph include—
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 a pseudo-photograph.
4
Section 160 of the M2Criminal Justice Act 1988 (which penalises the possession of indecent photographs of children) shall be amended as follows—
a
in subsection (1), after the word “photograph” there shall be inserted the words “
or pseudo-photograph
”
and the words from “(meaning” to “16)” shall be omitted; and
b
in paragraphs (a), (b) and (c) of subsection (2), after the word “photograph” there shall be inserted the words “
or pseudo-photograph
”
; and
c
in subsection (5), the reference to the coming into force of that section shall be construed, for the purposes of the amendments made by this subsection, as a reference to the coming into force of this subsection.
5
The M3Civic Government (Scotland) Act 1982 shall be amended as provided in subsections (6) and (7) below.
6
In section 52 (which, for Scotland, penalises the taking and distribution of indecent photographs of children and related acts)—
a
in paragraph (a) of subsection (1)—
i
after the word “taken” there shall be inserted the words “
or makes
”
; and
ii
for the words from “of a” to the end there shall be substituted the words “
or pseudo-photograph of a child
”
;
b
in paragraphs (b), (c) and (d) of subsection (1), after the word “photograph” there shall be inserted the words “
or pseudo-photograph
”
; and
c
in subsection (2), at the beginning there shall be inserted “
In subsection (1) above “child” means, subject to subsection (2B) below, a person under the age of 16; and
”
;
d
after subsection (2), there shall be added—
2A
In this section, “pseudo-photograph” means an image, whether produced by computer-graphics or otherwise howsoever, which appears to be a photograph.
2B
If the impression conveyed by a pseudo-photograph is that the person shown is a child, the pseudo-photograph shall be treated for all purposes of this Act 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.
2C
In this section, references to an indecent pseudo-photograph include—
a
a copy of an indecent pseudo-photograph;
b
data stored on a computer disc or by other electronic means which is capable of conversion into a pseudo-photograph.
e
in subsection (3)—
i
in paragraph (a), for the words “3 months” there shall be substituted the words “
6 months
”
; and
ii
in paragraph (b), for the words “two years” there shall be substituted the words “
3 years
”
;
f
in subsection (4), and in paragraphs (a) and (b) of subsection (5), after the word “photograph” there shall be inserted the words “
or pseudo-photograph
”
; and
g
for subsection (8)(c) there shall be substituted—
c
references to a photograph include—
i
the negative as well as the positive version; and
ii
data stored on a computer disc or by other electronic means which is capable of conversion into a photograph.
7
In section 52A (which, for Scotland, penalises the possession of indecent photographs of children)—
a
in subsection (1), for the words from “of a” to “16)” there shall be substituted the words “
or pseudo-photograph of a child
”
;
b
in subsection (2), in each of paragraphs (a) to (c), after the word “photograph” there shall be inserted the words “
or pseudo-photograph
”
;
c
in subsection (3)—
i
after the word “to” there shall be inserted the words “
imprisonment for a period not exceeding 6 months or to
”
; and
ii
at the end there shall be added the words “or to both.”;
d
in subsection (4), after the word “(2)” there shall be inserted the words “
to (2C)
”
.
8
The M4Protection of Children (Northern Ireland) Order 1978 shall be amended as provided in subsections (9) and (10) below.
9
In Article 2 (interpretation)—
a
in paragraph (2)—
i
in the definition of “child”, after “child” there shall be inserted the words “
subject to paragraph (3)(c)
”
;
ii
for the definition of “photograph” there shall be substituted the following definitions—
“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 a 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;
b
in paragraph (3)—
i
in sub-paragraph (a), after the word “photograph” there shall be inserted the words “or pseudo-photograph”;
ii
in sub-paragraph (b), at the end, there shall be inserted the words “and so as respects pseudo-photographs; and”;
iii
after sub-paragraph (b) there shall be inserted the following sub-paragraph—
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.
10
In Article 3 (which, for Northern Ireland, penalises the taking and distribution of indecent photographs of children and related acts)—
a
in sub-paragraph (a) of paragraph (1)—
i
after the word “taken” there shall be inserted the words “
or to make
”
;
ii
after the word “photograph” there shall be inserted the words “
or pseudo-photograph
”
;
b
in sub-paragraphs (b), (c) and (d) of paragraph (1), after the word “photographs” there shall be inserted the words “
or pseudo-photographs
”
;
c
in sub-paragraphs (a) and (b) of paragraph (3), after the word “photographs” there shall be inserted the words “
or pseudo-photographs
”
.
11
Article 15 of the M5Criminal Justice (Evidence, etc.) (Northern Ireland) Order 1988 (which, for Northern Ireland, penalises the possession of indecent photographs of children) shall be amended as follows—
a
in paragraph (1), after the word “photograph” there shall be inserted the words “
or pseudo-photograph
”
and the words from “(meaning” to “16)” shall be omitted;
b
in sub-paragraphs (a), (b) and (c) of paragraph (2), after the word “photograph” there shall be inserted the words “
or pseudo-photograph
”
; and
c
in paragraph (6), the reference to the coming into operation of that Article shall be construed, for the purposes of the amendments made by this subsection, as a reference to the coming into force of this subsection.