Child pornography laws in the United Kingdom
Encyclopedia
'Child pornography in the United Kingdom
is covered by the Protection of Children Act 1978
, which makes it illegal to take, make, distribute, show or possess an indecent photograph or pseudo-photograph
of someone under the age of 18. In the context of digital media, saving an indecent image to a computer's hard drive is considered to be "making" the image, as it causes a copy to exist which did not exist before. Indecency is to be interpreted by a jury, who should apply the recognised standards of propriety. This law is in force in England, Wales and Northern Ireland; similar provisions exist in Scotland but the PoCA does not extend to there.
The prohibition of content on the Internet that is potentially illegal under this law by British internet service provider
s is however self-regulatory
, coordinated by the non-profit charity
Internet Watch Foundation
(who has partnerships with many major ISPs in the country).
The 1978 Act was extended in 1994 (by the Criminal Justice and Public Order Act 1994
) to cover "pseudo-photograph
s" - images that appear to be photographs. In 2008 the Act was further extended (by the Criminal Justice and Immigration Act 2008
) to cover tracings, and other works derived from photographs or pseudo-photographs... In 2009 all sexual images depicting under 18s, not just those that were derived from photographs or pseudo-photographs, were criminalised by the Coroners and Justice Act 2009
.
United Kingdom
The United Kingdom of Great Britain and Northern IrelandIn the United Kingdom and Dependencies, other languages have been officially recognised as legitimate autochthonous languages under the European Charter for Regional or Minority Languages...
is covered by the Protection of Children Act 1978
Protection of Children Act 1978
The Protection of Children Act 1978 is an Act of the Parliament of the United Kingdom.The Protection of Children Bill was put before Parliament as a Private Member's Bill by Cyril Townsend in the 1977-1978 session of Parliament....
, which makes it illegal to take, make, distribute, show or possess an indecent photograph or pseudo-photograph
Pseudo-photograph
A pseudo-photograph is "an image, whether made by computer-graphics or otherwise howsoever, which appears to be a photograph".Although the term pseudo-photograph can be applied regardless of what it depicts, in law its meaning is especially relevant regarding child pornography.In the UK, the...
of someone under the age of 18. In the context of digital media, saving an indecent image to a computer's hard drive is considered to be "making" the image, as it causes a copy to exist which did not exist before. Indecency is to be interpreted by a jury, who should apply the recognised standards of propriety. This law is in force in England, Wales and Northern Ireland; similar provisions exist in Scotland but the PoCA does not extend to there.
The prohibition of content on the Internet that is potentially illegal under this law by British internet service provider
Internet service provider
An Internet service provider is a company that provides access to the Internet. Access ISPs directly connect customers to the Internet using copper wires, wireless or fiber-optic connections. Hosting ISPs lease server space for smaller businesses and host other people servers...
s is however self-regulatory
Self-policing
Self-policing, a form of self-regulation, is the process whereby an organization is asked, or volunteers, to monitor its own adherence to legal, ethical, or safety standards, rather than have an outside, independent agency such as a governmental entity monitor and enforce those standards.-To the...
, coordinated by the non-profit charity
Charitable organization
A charitable organization is a type of non-profit organization . It differs from other types of NPOs in that it centers on philanthropic goals A charitable organization is a type of non-profit organization (NPO). It differs from other types of NPOs in that it centers on philanthropic goals A...
Internet Watch Foundation
Internet Watch Foundation
The Internet Watch Foundation is a non-governmental charitable body based in the United Kingdom. It states that its remit is "to minimise the availability of 'potentially criminal' Internet content, specifically images of child sexual abuse hosted anywhere, and criminally obscene adult content in...
(who has partnerships with many major ISPs in the country).
The 1978 Act was extended in 1994 (by the Criminal Justice and Public Order Act 1994
Criminal Justice and Public Order Act 1994
The Criminal Justice and Public Order Act 1994 is an Act of the Parliament of the United Kingdom. It introduced a number of changes to the existing law, most notably in the restriction and reduction of existing rights and in greater penalties for certain "anti-social" behaviours...
) to cover "pseudo-photograph
Pseudo-photograph
A pseudo-photograph is "an image, whether made by computer-graphics or otherwise howsoever, which appears to be a photograph".Although the term pseudo-photograph can be applied regardless of what it depicts, in law its meaning is especially relevant regarding child pornography.In the UK, the...
s" - images that appear to be photographs. In 2008 the Act was further extended (by the Criminal Justice and Immigration Act 2008
Criminal Justice and Immigration Act 2008
The Criminal Justice and Immigration Act 2008 is an Act of the Parliament of the United Kingdom which makes significant changes in many areas of the criminal justice system in England and Wales and, to a lesser extent, in Scotland and Northern Ireland...
) to cover tracings, and other works derived from photographs or pseudo-photographs... In 2009 all sexual images depicting under 18s, not just those that were derived from photographs or pseudo-photographs, were criminalised by the Coroners and Justice Act 2009
Coroners and Justice Act 2009
-External links:*, as amended from the National Archives.*, as originally enacted from the National Archives.* to the Coroners and Justice Act 2009....
.