§ Lord Hyltonasked Her Majesty's Government:
Whether the legal definition of pornography involving children is the same in the United Kingdom as in the Republic of Ireland; and if not, in what respects it differs. [HL4351]
§ Baroness Scotland of AsthalThe definition of pornography involving children is not the same in the United Kingdom and the Republic of Ireland.
In England and Wales, the Protection of Children Act 1978, as amended, deals with indecent photographs or pseudo-photographs of children under the age of 18. This includes anything which appears to be a photograph of a child, in any form. Whether the photograph is indecent is left for the courts to decide, applying common standards. It is an offence under the Act to take, make, distribute, possess with intent to distribute or to advertise such material. The Criminal Justice Act 1988 (s 160) makes simple possession an offence. In addition the Sexual Offences Act 2003 includes at Sections 48 to 50 offences of causing or inciting child prostitution or pornography, arranging or facilitating child prostitution or pornography, and controlling a child involved in pornography. Pornography in this context arises when an indecent image of the child is recorded. The law in Scotland and Northern Ireland similarly deals with indecent photographs and pseudo-photographs of children, at present up to the age of 16.
According to their government website, in the Republic of Ireland the relevant definition is contained in the Child Trafficking and Pornography Act 1998: the definition covers four types of pornographic material featuring children under 17, irrespective of the medium used. These can be summarised as follows: visual material which either shows a child (or in the case of a document relates to a person who is or is depicted as being a child) engaged in or witnessing explicit sexual activity, or the dominant characteristic 128WA of which is the depiction, for a sexual purpose, of the genital or anal regions of children; material which is capable of being heard and which represents a child engaged in explicit sexual activity; visual or audio material that advocates, encourages or counsels unlawful sexual activity with children; 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 the Act.
A visual representation includes any photographic film or video representation, any accompanying sound or any document.