Indecent Images-Obscene Publications
| Jurisdiction | United Kingdom |
| Pages | 299-326 |
| Author | Patricia Lees,Eleanor Laws |
9
INDECENT IMAGES/ OBSCENE
PUBLICATIONS
A. Introduction 9.01
1. Obscene Publications 9.03
B. Child Pornography 9.05
1. Oences Committed from 20.8.1978
to date 9.05
2. Oences Committed from 29.9.1988
to date 9.25
C. Possession of Prohibited and
Extreme Pornographic Images
of Children 9.38
1. Possession of a Prohibited Image of
a Child 9.38
2. Possession of an Extreme Pornographic
Image, 26.1.2009 to date 9.46
D. Obscene Publications 9.55
1. Publishing an Obscene Article
or Having an Obscene Article for
Publication for Gain 9.58
E. Other Offences 9.67
1. Disclosing Private Sexual Photographs
or Films, 13.4.2015 to date 9.67
A. INTRODUCTION
e Protection of Children Act (PCA) 1978 consolidated the law on child pornography,
essentially legislating against the taking, showing, distribution and publishing of indecent
photographs of children under 16. Before 1978 these categories of oences were pros-
ecuted under obscenity laws, customs and excise legislation, oences of indecent assault
and gross indecency with children. is Act is still in force. Section 160 of the CJA 1988 ex-
tended the PCA 1978 oences to include an oence of simple possession of such a photo-
graph. e Criminal Justice and Public Order Act (CJPOA) 1994 extended these oences
to computer data and computerized images of children. e SOA 2003 increased the age
limit under the denition of ‘child’ to include those aged 16 and 171 (except those who are
married or co- habiting).
New oences created by the SOA 2003 include: SOA 2003, s 48— causing or inciting
child prostitution or pornography (see para 8.36), SOA 2003, s 49— controlling a child
involved in child pornography (see para 8.43), and s 50— arranging child pornography
(see para 8.50).
1 Sec tion 7(6) PCA 1978, as amended by SOA 2003 (1.5.2004).
9.01
9.02
. /
1. Obscene Publications
For the readers of this book, the most common usages of these charges will be to cover the
retail distribution of obscene material: in shops or by mail order. e Obscene Publications
Act (OPA) 1959 and the extended oence under the OPA 1964 are still in force. e oence
is time- barred (that is, there may be no prosecution under these sections more than 2 years
aer the commission of the oence).2 e topic is not dealt with in its historical context.
Section 2 of the OPA 1959 creates the oence of publication of an obscene article. In 1964,3
the oence was extended to possessing an obscene article for gain.
B. CHILD PORNOGRAPHY
1. Oences Committed from 20.8.1978 to date
Taking, making, distributing, publishing etc photographs of children
Protection of Children Act 1978, s 1
Denition
1(1) [Subject to sections 1A and 1B]4 it is an oence for a person—
(a) to take, or permit to be taken [or to make],5 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.
Proof
(i) ‘Photograph’ includes a lm, copy of a photograph (negative or positive) or lm, and
a photograph comprised in a lm.6 Film includes any form of video recording.7 As
from 3.2.1994, this denition is extended to include data stored on a computer disk or
by other electronic means capable of conversion to a photograph.8
2 OPA 1959, s 2(3).
3 OPA 1964, s 1.
4 Words inserted by Sexual Oences Act 2003 c 42 Sch 6 para 24 (1.5.2004).
5 Amendments in brackets in force from 3.2.1995. PCA 1978, s 1(1) as amended by CJPOA 1994 (commence-
ment date 3.2.1995, SI 1995/ 127).
6 PCA 1978, s 7(2).
7 PCA 1978, s 7(5).
8 PCA 1978, s 7(4). Substituted by CJPOA 1994.
9.03
9.04
9.05
9.06
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