Internet Watch Foundation

Home Office Minister Paul Goggins: The amendment creates a limited defence for specified purposes. 

 

A person shown to have made an indecent photograph or pseudo-photograph of a child will have to prove, on the balance of probabilities, that it was necessary for him to do so for one of the specified purposes. That represents the right balance, allowing those who need to act to do so while preserving a very significant obstacle to misuse by paedophiles. We acknowledge that companies wishing to assist the police may require further reassurance that their actions will be viewed as complying with the defence, so as to avoid the risk of lengthy investigation and possible prosecution. We intend that the defence will be backed up by a clear code of practice involving the Crown Prosecution Service, the police, the Internet Watch Foundation and the industry in general, setting out in sufficient detail the way in which such judgments will be made. Such a code is best made on a non-statutory basis as it will need to be adjusted swiftly to reflect changes in technology and investigative techniques.