Protection of Children Act 1978

Citation
U.K. Protection of Children Act 1978.

Overview
The Act essentially prohibits creation or distribution of indecent photographs of children, in whatever form. Proscribed activities are taking, making, permitting to be taken or made, distribution or showing, possessing with intent to possess or show, or publishing an advertisement for such photographs. The maximum penalty is 10 years imprisonment. Simple possession of such a photograph is an offence under s 160 of the Criminal Justice Act 1988, and carries five year maximum penalty. Although there are defences specified in the Acts, it is unlikely in the extreme that any of these could apply to images that might be sent over a public interactive service, so anything discovered in the course of moderation which appears to be an indecent photograph of a child needs to be reported and properly investigated.

A Memorandum of Understanding (MOU) concerning the defence to "making" an indecent photograph of a child is provided by s 46 of the Sexual Offences Act 2003. The MOU addresses the handling of illegal images by a range of professionals included those involved in IT. The key points covered by the Memorandum are:

�* It is an identified role �* The speed at which the illegal image is reported and any delay was reasonable �* The handling and storage was appropriate and secure.

Section 8 of the Act refers to corresponding legislation made under the Northern Ireland Act 1974.