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Protection of Children Act 1978

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Protection of Children Act 1978, Section 7 is up to date with all changes known to be in force on or before 16 September 2021. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. Help about Changes to Legislation

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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 [F1and 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 [F518].

( 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 [F6an indecent pseudo-photograph].]

Textual Amendments

F1Words in s. 7(3) inserted (3.2.1995) by 1994 c. 33, s. 84(3)(a); S.I. 1995/127, art. 2(1), Sch1

F2S. 7(4) substituted (3.2.1995) by 1994 c. 33, s. 84(3)(b); S.I. 1995/127, art. 2(1), Sch 1

F4S. 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

Modifications etc. (not altering text)

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

C3S. 7(4)(7) applied (prosp.) by 1997 c. 39, ss. 2(1), 11(2) (with ss. 1(4), 11(3))

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