Interpretation2

1

The Interpretation Act (Northern Ireland) 1954 [1954 c.33] shall apply to Article 1 and the following provisions of this Order as it applies to a Measure of the Northern Ireland Assembly.

2

In this Order—

  • “child”F1 subject to paragraph (3)(c) means a person under the age of F2eighteen;

  • “film” includes any form of video-recording;

  • “indecent photograph” includes an indecent film, a copy of an indecent photograph or film, and an indecent photograph comprised in a film;

  • F1“indecent pseudo‐photograph” includes—

    1. a

      a copy of an indecent pseudo‐photograph; and

    2. b

      data stored on a computer disc or by other electronic means which is capable of conversion into F3an indecent pseudo-photograph;

  • “photograph” includes—

    1. a

      the negative as well as the positive version; and

    2. b

      data stored on a computer disc or by other electronic means which is capable of conversion into a photograph;

  • “pseudo‐photograph” means an image, whether made by computer‐graphics or otherwise howsoever, which appears to be a photograph;

F42A

In this Order, 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 paragraph (3)(c) applies in relation to such an image as it applies in relation to a pseudo-photograph.

3

For the purposes of this Order—

a

a person is to be regarded as distributing an indecent photographF1 or pseudo‐photograph if he parts with possession of it to, or exposes or offers it for acquisition by, another person; and

b

photographs (including those comprised in a film) shall, if they show children and are indecent, be treated as indecent photographs of childrenF1 and so as respects pseudo‐photographs; and.

F1c

if the impression conveyed by a pseudo‐photograph is that the person shown is a child, the pseudo‐photograph shall be treated 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.