PART 1Criminal Justice

Offences involving intent to cause distress etc

I134Meaning of “disclose” and “photograph or film”

1

The following apply for the purposes of section 33, this section and section 35.

2

A person “discloses” something to a person if, by any means, he or she gives or shows it to the person or makes it available to the person.

3

Something that is given, shown or made available to a person is disclosed—

a

whether or not it is given, shown or made available for reward, and

b

whether or not it has previously been given, shown or made available to the person.

4

Photograph or film” means a still or moving image in any form that—

a

appears to consist of or include one or more photographed or filmed images, and

b

in fact consists of or includes one or more photographed or filmed images.

5

The reference in subsection (4)(b) to photographed or filmed images includes photographed or filmed images that have been altered in any way.

6

Photographed or filmed image” means a still or moving image that—

a

was originally captured by photography or filming, or

b

is part of an image originally captured by photography or filming.

7

Filming” means making a recording, on any medium, from which a moving image may be produced by any means.

8

References to a photograph or film include—

a

a negative version of an image described in subsection (4), and

b

data stored by any means which is capable of conversion into an image described in subsection (4).