The Criminal Law Subgroup of the Home Secretary’s Task Force on Child Protection on the Internet have been considering a number of issues arising from the availability of cartoons, drawings and computer generated fantasy material depicting the sexual abuse of children.
The subgroup have considered the extent to which the material is already covered by the criminal law. They have examined information from the police and others on the accessibility of this material, particularly on the internet, and its use by offenders. The subgroup have also considered the approach taken by other countries to regulating this material.
The Criminal Law Subgroup of the Home Secretary's Task Force on Child Protection on the Internet have considered the possibility of amending the Protection of Children Act 1978 as one of the options for dealing with cartoon child pornography. This legislation made it an offence to take, make, distribute or show indecent photographs of real children. Its purpose was to protect children from abuse. It was subsequently extended to cover simple possession of indecent photographs, to reflect concern that possession fuels demand and perpetuates abuse, and to “pseudo photographs” to cover manipulation of images where, for example, an adult's head can be joined to a child's body. (The resulting image must appear to be a photograph of a child.)
The age of the child was raised from under 16 to under 18 in the Sexual Offences Act 2003.
Offences under the 1978 Act (as amended) attract substantial penalties to reflect the fact that real children are involved in the making of the material: there is a maximum of 10 years' imprisonment for taking, making and supply of such images and a maximum of five years' imprisonment for possession.
Although cartoons depicting child abuse are deeply offensive, they do not in themselves constitute abuse of a child. The 1978 Act is well understood by those who work with it and enforce it and there are substantial arguments against extending its scope to cover cartoons of child pornography. We are, however, giving close consideration to the issues and options in this difficult area, including how it has been tackled abroad.