Internet Watch Foundation

The law on images of child abuse is clear. It is an offence to take, permit to be taken, make, possess, show, distribute or advertise indecent images of children in the United Kingdom. The word indecent should be taken at its dictionary meaning; as a guide it means any images of children, apparently under 18 years of age, involved in sexual activity or posed to be sexually provocative.

 

Please note; it is against the law to actively seek out such images and doing so in order to report to the IWF would not be a defence in court.

 

Section 1 of this act, as amended by the Criminal Justice and Public Order Act 1994, creates various offences of taking or distributing indecent photographs or pseudo-photographs of a child under 18 years of age. It states:

 

1(1) It is an offence for a person -

 

To take, or permit to be taken, or to make any indecent photograph or pseudo-photograph of a child; or to distribute or show such indecent photographs or pseudo-photographs; or to possess such indecent photographs or pseudo-photographs, with a view to their being distributed or shown by himself or others; or to publish or cause to be published any advertisement likely to be understood as conveying that the advertiser distributes or shows such indecent photographs or pseudo-photographs, or intends to do so.'

 

Section 160 of The Criminal Justice Act of 1988 made the simple possession of indecent photographs of children an offence. This is an Arrestable Offence carrying a maximum sentence of 5 years imprisonment.

 

Making an indecent image of a child is a Serious Arrestable Offence carrying a maximum sentence of 10 years imprisonment.

Note: The term "make" includes downloading images from the Internet and storing or printing them out. R v Bowden (J) 1999.