NCJ Number
212945
Journal
Child Abuse Review Volume: 14 Issue: 6 Dated: November/December 2005 Pages: 430-443
Date Published
November 2005
Length
14 pages
Annotation
This article examines whether current British law is adequate to address the display, viewing, and downloading of pornographic images of children through the Internet.
Abstract
The primary British legislation that relates to indecent images of children is the Protection of Children Act 1978 (PoCA). Under s.1 of PoCA, the main offenses defined are creating indecent images of children or distributing such material. Since 2001, the maximum sentence for such offenses has been 10 years imprisonment. The offense of possession of child pornography is defined in s.160 of the Criminal Justice Act 1988. Since 2001, the possession of child pornography carries a maximum sentence of 5 years in prison. There are two principal difficulties in applying these laws to child pornography uploaded to, viewed on, and downloaded from the Internet. First, the technology of the Internet complicates the distinction between the offenses of creating, distributing, and possessing child pornography. Downloading or accessing such images from the Internet can mean that an image is automatically created digitally, which carries the maximum penalty of 10 years in prison. Realistically, however, it is similar to accessing existing images offline, which have been created by someone else. The legislation should be revised to make clear that uploading and making child pornography available on the Internet constitutes creation and distribution; whereas, downloading the image constitutes possession. Second, the law does not currently allow for a determination of the "indecency" of the image of a child based on the context in which an image is created, disseminated, or displayed; for example, some medically oriented Web sites may have images of children's genitals in the course of discussing pediatric medical conditions. The law should define the contexts in which various portrayals of children are and are not legally "indecent." 15 references