Possession and Distribution of Child Pornography: Advice for Parents

Posted: July 17, 2014 in Uncategorized

What is most important for parents, is that there is no basis recognised in law, upon which a parent may possess or distribute an image or video of his/her child that amounts to “child pornography”, simply by virtue of being a parent. If the images or videos you have of your own child amount to “child pornography”, your possession, as a parent, is unlawful – as will any distribution of these images and videos.

That said, after a careful analysis of both the Films and Publications Act, and the Sexual Offences Act, the following may be discerned: No matter whether you are a child’s parent, it is an offence to intentionally (or possibly negligently) unlawfully create, possess, or distribute an image or video of a child which is sexually explicit – where the primary objective (judged objectively and in context) is to illicit sexual arousal – showing a child:

(a) engaged in an act that constitutes a sexual offence;

(b) engaged in an act of sexual penetration;

(c) engaged in an act of sexual violation;

(d) engaged in an act of masturbation; or

(e) displaying the genital organs of such person in a state of arousal or stimulation;

(f) unduly displaying the genital organs or anus of such person;

(g) displaying any form of stimulation of a sexual nature of such person’s breasts;

(h) engaged in sexually suggestive or lewd acts;

(i) engaged in or as the subject of sadistic or masochistic acts of a sexual nature;

(j) engaged in any conduct or activity characteristically associated with sexual intercourse;

(k) showing or describing such person— (i) participating in, or assisting or facilitating another person to participate; or (ii) being in the presence of another person who commits or in any other manner being involved in, any act contemplated in paragraphs (a) to (j); or

(l) showing or describing the body, or parts of the body, of such person in a manner or in circumstances which, within the context, violate or offend the sexual integrity or dignity of that person or any category of persons under 18.

For the details see and a discussion of the actual offences, see Possession and Distribution of Child Pornography  Please read the full document before sending any questions – your questions may well be answered in the full discussion.

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