Consultation Paper on Proposed Legislation for the Prevention of Child Pornography



3. Definition of Child Pornography


9. In the Prevention of Child Pornography Bill published in 1999 (referred to as "the 1999 Bill" hereafter), child pornography meant -

    

(a) a film, photograph, publication or computer-generated image or picture that indecently depicts a person who is, or looks like, a person under the age of 16 and includes data stored on a computer disc or by other electronic means which is capable of conversion into such a film, photograph, publication, image or picture; or

(b) any object that indecently depicts a person who is, or looks like, a person under the age of 16.


10. Having considered the public comments received since and the definitions in similar legislation in US, Canada, Australia and an Optional Protocol under UNCRC, we have made an attempt to revise the definition to make it more clear and precise. Under our new proposals, child will still mean a person under the age of 16 years and child pornography means -

    

(a) a photograph, film, computer-generated image or other visual depiction that is a pornographic depiction of a person who is or appears to be a child, whether it is made or generated by electronic or any other means, and whether or not it is created, adapted or modified; or

(b) anything that contains a photograph, film, computer-generated image or other visual depiction referred to in paragraph (a).


11. Furthermore, pornographic depiction is proposed to mean a visual depiction that-

    

(a) depicts a person who is or appears to be engaged in explicit sexual conduct; or

(b) depicts in a sexual manner or context the genitals or anal region of a person or the breast of a female person.


12. The revised definition provides for two distinct levels of pornographic depiction, each of which is manifest in depicting a certain level of sexual element. We believe that such a definition is sufficiently tightly circumscribed to achieve the object of protecting children from sexual exploitation.