The Protection of Children Act 1978 shall be amended as provided in subsections (2) and (3) below.
In section 1 (which penalises the taking and distribution of indecent photographs of children and related acts)—
In section 7 (interpretation)—
(4)References to a photograph include— (a) the negative as well as the positive version; and (b) data stored on a computer disc or by other electronic means which is capable of conversion into a photograph.
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(6)“Child”, subject to subsection (8), means a person under the age of 16. (7) “Pseudo-photograph” means an image, whether made by computer-graphics or otherwise howsoever, which appears to be a photograph. (8) If the impression conveyed by a pseudo-photograph is that the person shown is a child, the pseudo-photograph shall be treated for all purposes of this Act as showing a child and so shall a pseudo-photograph where the predominant impression conveyed is that the person shown is a child notwithstanding that some of the physical characteristics shown are those of an adult. (9) References to an indecent pseudo-photograph include— (a) a copy of an indecent pseudo-photograph; and (b) data stored on a computer disc or by other electronic means which is capable of conversion into a pseudo-photograph.
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Section 160 of the Criminal Justice Act 1988 (which penalises the possession of indecent photographs of children) shall be amended as follows—
The Civic Government (Scotland) Act 1982 shall be amended as provided in subsections (6) and (7) below.
In section 52 (which, for Scotland, penalises the taking and distribution of indecent photographs of children and related acts)—
(2A)In this section, “pseudo-photograph” means an image, whether produced by computer-graphics or otherwise howsoever, which appears to be a photograph. (2B) If the impression conveyed by a pseudo-photograph is that the person shown is a child, the pseudo-photograph shall be treated for all purposes of this Act as showing a child and so shall a pseudo-photograph where the predominant impression conveyed is that the person shown is a child notwithstanding that some of the physical characteristics shown are those of an adult. (2C) In this section, references to an indecent pseudo-photograph include— (a) a copy of an indecent pseudo-photograph; (b) data stored on a computer disc or by other electronic means which is capable of conversion into a pseudo-photograph.
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(c)references to a photograph include— (i) the negative as well as the positive version; and (ii) data stored on a computer disc or by other electronic means which is capable of conversion into a photograph.
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In section 52A (which, for Scotland, penalises the possession of indecent photographs of children)—
The Protection of Children (Northern Ireland) Order 1978 shall be amended as provided in subsections (9) and (10) below.
In Article 2 (interpretation)—
“indecent pseudo-photograph” includes— (a) a copy of an indecent pseudo-photograph; and (b) data stored on a computer disc or by other electronic means which is capable of conversion into a pseudo-photograph; “photograph” includes— (a) the negative as well as the positive version; and (b) data stored on a computer disc or by other electronic means which is capable of conversion into a photograph; “pseudo-photograph” means an image, whether made by computer-graphics or otherwise howsoever, which appears to be a photograph;
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(c)if the impression conveyed by a pseudo-photograph is that the person shown is a child, the pseudo-photograph shall be treated as showing a child and so shall a pseudo-photograph where the predominant impression conveyed is that the person shown is a child notwithstanding that some of the physical characteristics shown are those of an adult.
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In Article 3 (which, for Northern Ireland, penalises the taking and distribution of indecent photographs of children and related acts)—
Article 15 of the Criminal Justice (Evidence, etc.) (Northern Ireland) Order 1988 (which, for Northern Ireland, penalises the possession of indecent photographs of children) shall be amended as follows—