Child Trafficking and Pornography Act 1998

Interpretation.

2

2. (1) In this Act, except where the context otherwise requires—

audio representation” includes—

( a) any such representation by means of tape, computer disk or other thing from which such a representation can be produced, and

( b) any tape, computer disk or other thing on which any such representation is recorded;

F1 [ child means a person under the age of 18 years; ]

child pornography” means—

F2 [ ( a ) any visual representation

(i) that shows, or in the case of a document relates to, a person who is or is depicted as being a child and who is engaged in or is depicted as being engaged in real or simulated sexually explicit activity,

(ii) that shows, or in the case of a document relates to, a person who is or is depicted as being a child and who is or is depicted as witnessing any such activity by any person or persons, or

(iii) that shows, for a sexual purpose, the genital or anal region of a child or of a person depicted as being a child, ]

( b) any audio representation of a person who is or is represented as being a child and who is engaged in or is represented as being engaged in explicit sexual activity,

( c) any visual or audio representation that advocates, encourages or counsels any sexual activity with children which is an offence under any enactment, or

( d) any visual representation or description of, or information relating to, a child that indicates or implies that the child is available to be used for the purpose of sexual exploitation within the meaning of section 3 ,

irrespective of how or through what medium the representation, description or information has been produced, transmitted or conveyed and, without prejudice to the generality of the foregoing, includes any representation, description or information produced by or from computer-graphics or by any other electronic or mechanical means but does not include—

(I) any book or periodical publication which has been examined by the Censorship of Publications Board and in respect of which a prohibition order under the Censorship of Publications Acts, 1929 to 1967, is not for the time being in force,

(II) any film in respect of which a general certificate or a limited certificate under the Censorship of Films Acts, 1923 to 1992, is in force, or

(III) any video work in respect of which a supply certificate under the Video Recordings Acts, 1989 and 1992, is in force;

document” includes—

( a) any book, periodical or pamphlet, and

( b) where appropriate, any tape, computer disk or other thing on which data capable of conversion into any such document is stored;

photographic representation” includes the negative as well as the positive version;

visual representation” includes—

( a) any photographic, film or video representation, any accompanying sound or any document,

( b) any copy of any such representation or document, and

( c) any tape, computer disk or other thing on which the visual representation and any accompanying sound are recorded.

(2) The reference in paragraph (a) of the definition of child pornography to a person shall be construed as including a reference to a figure resembling a person that has been generated or modified by computer-graphics or otherwise, and in such a case the fact, if it is a fact, that some of the principal characteristics shown are those of an adult shall be disregarded if the predominant impression conveyed is that the figure shown is a child.

(3) In any proceedings for an offence under section 3, 4, 5 or 6 a person shall be deemed, unless the contrary is proved, to be or have been a child, or to be or have been depicted or represented as a child, at any time if the person appears to the court to be or have been a child, or to be or have been so depicted or represented, at that time.

(4) For the purposes of this Act, except where the context otherwise requires—

( a) a reference to a section is to a section of this Act,

( b) a reference to a subsection or paragraph is to the subsection or paragraph of the provision in which the reference occurs,

( c) a reference to any enactment shall be construed as a reference to that enactment as amended, adapted or extended, whether before or after the passing of this Act, by or under any subsequent enactment.