Indecent Images of Children

Understanding the Terminology

The law surrounding indecent images of children can be difficult to comprehend due to its convoluted language and the challenges of keeping up with technological advancements. Understanding the – sometimes misleading – legal terminology can be important to assess the risk a person poses.

Possession of indecent images

This refers to physically or digitally possessing an indecent image.

Making of indecent images

The making of indecent images is similar to possession cases and involves viewing an image that gets downloaded onto the device used for viewing. It’s important to note that “making” doesn’t mean creating the original image. Making can occur when someone downloads images from the internet, and the act of downloading creates a copy of the indecent image on the device. Additionally, “making” can also happen automatically when a device accesses a webpage displaying indecent images of children. 

Distribution of indecent images

This category involves sending or sharing a digital file, such as through social media, email, chat rooms, or file-sharing programs. To establish a distribution offence, it must be proven that the person intentionally shared the image and did so with the knowledge that it was indecent.

Production of indecent images

Production cases differ from making cases, as they typically involve actively capturing photographs, videos, or films. The accused person may be filming or using a camera to produce indecent material.

Understanding the nuances of indecent images legislation is important for individuals involved in such cases. If you find yourself facing accusations or charges related to indecent images, seeking professional legal advice is crucial to navigate the complexities of the law and protect your rights.