Consultation on the Possession of Non-Photographic Visual Depictions of Child Sexual Abuse

A consultation paper seeking views on options to deal with the growing concerns about non-photographic visual depictions of child sexual abuse has been published jointly by the Home Office, Northern Ireland Office and the Scottish Executive.

Under current legislation, it is an offence to possess indecent photographs (including videos) and pseudo-photographs of children. However, it is not an offence to possess non-photographic visual depictions of child sexual abuse.

The paper makes the point that these graphic and explicit depictions of sexual abuse of children could reinforce inappropriate feelings towards children and that their circulation and possession should be prohibited. It also highlights the fact that, due to the advancement of technology, photographs of real children being abused can be manipulated into cartoons or other depictions which are not covered under current legislation and that such images, particularly those in a cartoon format, could easily be obtained for use to help groom victims.

The paper contains three suggested options in respect of the issue:

• Option 1 – Extend the definitions in the Protection of Children Act 1978, Protection of Children (NI) Order 1978 and the Civic Government (Scotland) Act 1982 which refer to indecent photographs and pseudo-photographs of a child under 18 to include for example “any visual representation”, in order to cover cartoons, drawings, CGIs, etc.
• Option 2 – Create new free-standing offences of possession of any non-photographic visual depiction/representation of child sexual abuse. Such offences would have a higher threshold of indecency than those for the current offences of possession of indecent photographs, videos and pseudo-photographs of children which have been deemed to include ‘sexual posing’.
• Option 3 – Do nothing.

The preferred option of the authors of the consultation is Option 2. The closing date for responses to the consultation is June 22 2007. The consultation documents can be found at http://www. homeoffice.gov.uk/documents/cons-2007-depiction-sex-abuse