This item was published during the term of a previous administration that ended in April 2007
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Child sex abuse images
02/04/2007
Proposals to tighten the law on computer generated child abuse images have been outlined today by the Executive and the UK Government.
In a joint consultation covering Scotland, England and Wales, and Northern Ireland three options are offered:
- Amendment of the Civic Government (Scotland) Act 1982
- Creation of a new stand-alone offences of possession of any non-photographic visual indecency
- Leaving the law as it stands
Under existing legislation it is an offence to possess indecent photographs of children but it is not illegal to possess computer generated images, animations, cartoons, and drawings depicting the sexual abuse of children.
Evidence from police and children's organisations is that the availability of such images is growing and technology has advanced to the stage where photographs of real children being abused can be manipulated into a format which can be possessed legally.
The Executive and UK Government are considering how the law can be tightened in this area with the preferred option being the creation of a new offence with a maximum penalty of three years in prison and an unlimited fine.
Justice Minister Cathy Jamieson said:
"Most modern technology is used in a positive way to enhance our lives. However there are individuals who seek to exploit it for their own evil purposes or gain.
"In particular, I am aware of concerns about the growing market for fantasy imagines, cartoons and drawings - such as those which could be produced on a computer, depicting child sexual abuse. Images - which unlike pornographic photographs - would not currently be covered by law and could now be easily circulated via the internet or mobile phones.
"It's only right that as technology progresses that we ensure the law also moves forward to maximise protection for our young people from those who may seek to exploit them or cause them harm. This consultation is designed to ensure we achieve that and I would encourage all those in Scotland with views on how best we can improve the law, to respond."
During the consultation, careful consideration will be given to the threshold content of the images to ensure that legitimate works of art or items of historical interest are not included.
The consultation period runs until June 22.