Defining Pseudo Images

The Protection of Children Act 1978 plays a pivotal role in regulating indecent images of children. While the Act defines “photograph” broadly, encompassing negatives, films, and electronic images, it acknowledges the limitations of this definition in the face of evolving technology. Section 7(7) of the Act introduces the concept of “pseudo-photograph,” defining it as “an image, whether made by computer graphics or otherwise howsoever, which appears to be a photograph.” This definition highlights two key aspects:

• Creation Method: The image need not be a traditional photograph but can be produced using computer-generated imagery (CGI), animation, or any other means.
• Realistic Appearance: The crucial factor is the image’s resemblance to a photograph. Cartoons or graphic illustrations that clearly don’t represent real people wouldn’t fall under this definition.

Scope of Pseudo Images

The concept of pseudo images is primarily relevant when the depicted child is engaged in indecent or sexual activity. This includes:

• Images where a child appears nude or partially clothed in a sexual manner.
• Images portraying a child in a sexual act with an adult or another child.
• Images depicting sexualised violence or abuse involving a child.

The focus lies on protecting children from the psychological harm caused by the creation, possession, and distribution of such material.

Challenges in Applying the Definition

Despite the seemingly clear definition, applying the “appears to be a photograph” test can be subjective.

• Image Quality: Highly realistic CGI may leave little doubt, but lower quality images create ambiguity. As reported by the BBC, this has become a growing concern with the rise of deepfakes, which can manipulate real footage to create highly realistic scenarios.

• Artistic Style: Images with a deliberate artistic style might blur the lines between a pseudo-photograph and a clear illustration. A recent case involving a Manchester art exhibition, where a sculpture depicted a child in a suggestive pose, sparked debate about artistic freedom and the boundaries of pseudo images.

• Context: The context in which the image is found can be crucial. For example, an image within a recognised educational resource might be exempt despite depicting a child in a suggestive pose.

Ultimately, the courts hold the responsibility for determining whether an image falls under the definition of a pseudo-photograph. This necessitates the expertise of law enforcement and forensic analysts in identifying the creation method and assessing the image’s realism.

Legal Implications of Pseudo Images

Possessing, distributing, or showing pseudo images of children is a criminal offense in the UK. The penalties can be severe, including imprisonment and registration as a sex offender.

The Act outlines various offences related to pseudo images, including:

• Making a pseudo-photograph of a child (Section 1(1)(a))
• Possessing a pseudo-photograph with intent to distribute or show (Section 1(1)(c))
• Distributing or showing a pseudo-photograph (Section 1(1)(d))

The level of culpability (intent or recklessness) plays a role in determining the severity of the offense and the corresponding sentence.

Developments and Future Considerations

The landscape of pseudo images continues to evolve as technology advances. Deepfakes, which are hyper-realistic AI-generated videos, pose a new challenge. While deepfakes of children haven’t become widespread yet, the potential for their use as indecent images raises concerns.

The UK government and law enforcement agencies are constantly reviewing and updating their strategies to combat the proliferation of indecent images of children. This includes:

• Collaboration with international law enforcement agencies to disrupt the production and distribution of such material.
• Investment in technological tools for identifying and analysing pseudo images, including deepfakes.
• Public awareness campaigns to educate parents and children about the dangers of indecent images.

Pseudo images represent a significant challenge in the fight against online child sexual abuse material. The UK legal framework, while robust, requires continuous adaptation to address the evolving tactics of those who exploit children. Collaboration between law enforcement, technology companies, and civil society is crucial to protect children and hold perpetrators accountable.

Note: This article is for informational purposes only and does not constitute legal advice.