The UK government is reviewing proposals to make all computer-generated
images and other non-photographic images of child sexual abuse illegal.
Justice Minister Maria Eagle said that individuals prosecuted for possessing
such images will face criminal charges and up to three years in prison.
The proposals follow a public consultation on the possession of
non-photographic visual depictions of children engaged in sexual activity.
Ministers have suggested that paedophiles could be exploiting a legal
loophole by using computer technology to turn real photographs or videos of
abuse into drawings or cartoons.
Possession of photos of child pornography is unlawful and the distribution or
sale of such material is prohibited under the Obscene Publications Act.
However, drawings and computer generated images of child abuse are not
currently covered by the legislation.
The proposals announced today will create a new criminal offence of
possessing drawings and computer-generated images of children engaged in sexual
activity.
"These new proposals will help close a loophole that we believe paedophiles
are using to create images of child sexual abuse," said Eagle.
"This is not about criminalising art or pornographic cartoons more generally,
but about targeting obscene, and often very realistic, images of child sexual
abuse which have no place in our society."
However, a major hurdle for authorities wanting to prosecute someone under
these laws will be proving that the images depict children.
A spokeswoman for the Ministry of Justice told
vnunet.com: "The age of
the depicted character would be a matter for a jury to take a view on, which is
similar to the current situation with photographs and pseudo-photographs."
Any decision would come down to the predominant impression of the images
involved, according to the spokeswoman, and whether it appeared that the child
was intended to be depicted as underaged.
"As with pseudo-photographs, careful consideration will be given to the
statutory definition of the cartoon child images which we are targeting," she
said.
"Working within the framework of that definition it will be for the jury to
ascertain whether or not the cartoon in question depicts a child character."
Do you agree?
Have your say on this article