Views sought on legality of child porn images

Joint consultation aimed at tightening law around computer-generated images

News, 3 April 2007

The Scottish Executive and the UK Government have outlined proposals to tighten the law on computer-generated images of child abuse.

In a joint consultation covering Scotland, England & Wales, and Northern Ireland the three options offered are the amendment of the Civic Government (Scotland) Act 1982, the creation of a new stand-alone offence of possession of any non-photographic visual indecency, or leaving the law as it stands.

Under existing legislation it is an offence to possess indecent photographs of children, but it is not illegal to possess computer-generated images, animations, cartoons, and drawings depicting the sexual abuse of children.

Evidence from police and children's organisations is that the availability of such images is growing and technology has advanced to the stage where photographs of real children being abused can be manipulated into a format which can be possessed legally.

The Executive and UK Government’s preferred option is the creation of a new offence with a maximum penalty of three years in prison and an unlimited fine.

Justice Minister Cathy Jamieson said: "I am aware of concerns about the growing market for fantasy imagines, cartoons and drawings – such as those which could be produced on a computer, depicting child sexual abuse.

"It's only right that as technology progresses that we ensure the law also moves forward to maximise protection for our young people from those who may seek to exploit them or cause them harm.”

The Executive said that during the consultation, careful consideration will be given to the threshold content of the images to ensure that legitimate works of art or items of historical interest are not included.

The consultation is at http://www.scotland.gov.uk/Consultations/Current . The response period runs until 22 June.