PART 3

Miscellaneous

Pornographic or other sexual images

Meaning of “disclose” and “photograph or film”
52
1
The following apply for the purposes of section 51, this section and section 53.
2
A person “discloses” something to a person if, by any means, he or she gives or shows it to the person or makes it available to the person.
3
Something that is given, shown or made available to a person is disclosed—
a
whether or not it is given, shown or made available for reward, and
b
whether or not it has previously been given, shown or made available to the person.
4
“Photograph or film” means a still or moving image in any form that—
a
appears to consist of or include one or more photographed or filmed images, and
b
in fact consists of or includes one or more photographed or filmed images.
5
The reference in subsection (4)(b) to photographed or filmed images includes photographed or filmed images that have been altered in any way.
6
“Photographed or filmed image” means a still or moving image that—
a
was originally captured by photography or filming, or
b
is part of an image originally captured by photography or filming.
7
“Filming” means making a recording, on any medium, from which a moving image may be produced by any means.
8
References to a photograph or film include—
a
a negative version of an image described in subsection (4), and
b
data stored by any means which is capable of conversion into an image described in subsection (4).