Protection of Children Act 1978

7 Interpretation. E+W

(1) The following subsections apply for the interpretation of this Act.

(2) References to an indecent photograph include an indecent film, a copy of an indecent photograph or film, and an indecent photograph comprised in a film.

(3) Photographs (including those comprised in a film) shall, if they show children and are indecent, be treated for all purposes of this Act as indecent photographs of children [F1 and so as respects pseudo-photographs].

[F2 ( 4 ) References to a photograph include—

(a) the negative as well as the positive version; and

(b) data stored on a computer disc or by other electronic means which is capable of conversion into a photograph.]

[F3 (4A) References to a photograph also include—

(a) a tracing or other image, whether made by electronic or other means (of whatever nature)—

(i) which is not itself a photograph or pseudo-photograph, but

(ii) which is derived from the whole or part of a photograph or pseudo-photograph (or a combination of either or both); and

(b) data stored on a computer disc or by other electronic means which is capable of conversion into an image within paragraph (a);

and subsection (8) applies in relation to such an image as it applies in relation to a pseudo-photograph.]

(5) “Film” includes any form of video-recording.

[F4 (6) “Child”, subject to subsection (8), means a person under the age of [F5 18].

( 7 ) “ Pseudo-photograph ” means an image, whether made by computer-graphics or otherwise howsoever, which appears to be a photograph.

(8) If the impression conveyed by a pseudo-photograph is that the person shown is a child, the pseudo-photograph shall be treated for all purposes of this Act as showing a child and so shall a pseudo-photograph where the predominant impression conveyed is that the person shown is a child notwithstanding that some of the physical characteristics shown are those of an adult.

(9) References to an indecent pseudo-photograph include—

(a) a copy of an indecent pseudo-photograph; and

(b) data stored on a computer disc or by other electronic means which is capable of conversion into [F6 an indecent pseudo-photograph].]

Textual Amendments

F1 Words in s. 7(3) inserted (3.2.1995) by 1994 c. 33, s. 84(3)(a); S.I. 1995/127, art. 2(1), Sch1

F2 S. 7(4) substituted (3.2.1995) by 1994 c. 33, s. 84(3)(b); S.I. 1995/127, art. 2(1), Sch 1

F3 S. 7(4A) inserted (8.7.2008) by Criminal Justice and Immigration Act 2008 (c. 4), ss. 69(3), 153(2)(b) (with Sch. 27 para. 24(1))

F4 S. 7(6)-(9) inserted (3.2.1995) by 1994 c. 33, s. 84(3)(c); S.I. 1995/127, art. 2(1), Sch1

F5 Word in s. 7(6) substituted (1.5.2004) by Sexual Offences Act 2003 (c. 42) , ss. 45(2) , 141 ; S.I. 2004/874 , art. 2

F6 Words in s. 7(9)(b) substituted (8.7.2008) by Criminal Justice and Immigration Act 2008 (c. 4), ss. 69(4), 153(2)(b)

Modifications etc. (not altering text)

C1 Ss. 1(3), 2(3), 3, 7 amended by Criminal Justice Act 1988 (c. 33, SIF 39:1), s. 160(4), Sch. 8 para. 16

C2 S. 7 applied (1.5.2004 for E.W.N.I., 1.5.2004 for S.) by Sexual Offences Act 2003 (c. 42) , s. 141 , Sch. 3 para. 97(b) ; S.S.I. 2004/138 , art. 2 ; S.I. 2004/874 , art. 2 ; S.S.I. 2004/138 , art. 2 ; S.I. 2004/874 , art. 2

C3 S. 7(4)(7) applied (prosp.) by 1997 c. 39, ss. 2(1), 11(2) (with ss. 1(4), 11(3))