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Tightening the law on child sex abuse images

Tightening the law on child sex abuse images

HOME OFFICE News Release (068/2007) issued by The Government News Network on 2 April 2007

The Government today launches a consultation that will seek to tighten legislation on computer generated child abuse images.

Under current law it is an offence to possess indecent photographs and pseudo-photographs of children. However, it is not currently illegal to possess computer generated images, animation, 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. These images are often uncovered alongside illegal photographs, but are in themselves legal to possess.

Technology has advanced to the point where photographs of real children being abused can be manipulated into a format that is currently legal to possess. So it is possible to create a 'fantasy' style record of an actual event of abuse.

These explicit images, sometimes in a format depicting cartoon-like characters, could also be used by offenders to 'groom' children for acts of abuse.

At the moment police cannot prosecute, confiscate or remove them from circulation - a situation the Government finds unacceptable.

The Government's preferred option is to create a new offence with a penalty of three years in prison and an unlimited fine. This will place the offence in the sentencing framework below offences for possessing actual photographs of child sexual abuse.

The Home Secretary, John Reid, said:

"The Government is determined to do all we can to protect children from abuse. Sexual crimes against children are vile and devastating for the victims.

"Rapid technological advancements in the past decade have brought many benefits, but also threats. The ease with which images can be circulated or altered brings fresh challenges in combating the availability of child sex abuse images. It's critical that the law stays one-step ahead and nowhere is this more important than protecting children from harm."

Minister for Justice in the Scottish Executive, Cathy Jamieson, said: "Most modern technology is used in a positive way to enhance our lives. However there are individuals who seek to exploit it for their own evil purposes or gain.

"In particular, 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. Images - which unlike pornographic photographs - would not currently be covered by law and could now be easily circulated via the internet or mobile phones. "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. This consultation is designed to ensure we achieve that and I would encourage all those in Scotland with views on how best we can improve the law, to respond."

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.

NOTES TO EDITORS:

1. A copy of the Consultation on Possession of Non-Photographic Visual Depictions of Child Sexual Abuse can be downloaded from: http://www.homeoffice.gov.uk/about-us/haveyoursay/current-consultations/

2. The consultation is joint between England and Wales, Scotland and Northern Ireland.

3. The consultation will look at three options:

* amend the Protection of Children Act 1978

* create a new stand alone offence for England and Wales, Northern Ireland and Scotland of possession of any non-photographic visual indecency

* do nothing

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