Protection of Children Act 1978 (-)
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This document is for private study purposes only. It is likely not to reflect the law as it stands today. It may be incomplete, and some provisions are likely to have been repealed or amended, and new ones inserted.
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(1) It is an offence for a person -
(a) to take, or permit to be taken, or to make any indecent photograph or pseudo-photograph of a child; or
(b) to distribute or show such indecent photographs or pseudo-photographs; or
(c) to have in his possession such indecent photographs or 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 or pseudo-photographs, or intends to do so.
(2) . . . a person is to be regarded as distributing an indecent photograph if he parts with possession of it to, or exposes or offers it for acquisition by another person . . .
(3) 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 sub-section 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 or pseudo-photographs or (as the case may be) having them in his possession; or
(b) he had not himself seen the photographs or pseudo-photographs and did not know, nor had any cause to suspect them to be indecent.
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(3) In proceedings under this Act relating to indecent photographs of children a person is to be taken as having been a child at any material time if it appears, from the evidence as a whole, that he was then under the age of 16.
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(1) The following sub-sections apply for the interpretation of this Act.
(2) References to an indecent photograph include an indecent film, a copy of an indecent photograph comprised in a film.
(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.
(5) "Film" includes any form of video-recording.
(6) "Child" subject to sub-section (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 converstion into a pseudo-photograph.
