The Forum > General Discussion > Man charged over posting video
Man charged over posting video
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Regarding your example of footage of a child accidentally stripped naked, you're probably right in saying that you'd be charged if the police found you in possession of such footage. But that would merely be another example of the police acting without seeking proper legal advice. Such footage would not fall within the definition of either child pornography or child abuse material, and you would not be convicted.
StG,
The Simpsons cartoon thing was a bit different. The law relates to the depiction or description of a child in a sexual context. It doesn't matter whether the child is a real child or a fictional child. The rationale for this is that the lawful availability of such material involving fictional children would create a demand for the real thing. I'm rather sceptical of this, and unaware of any evidence to support it. I suspect it's really just a pretext for banning stuff that some people don't like. But I agree with the judge in the case that that's the law as it stands, and the judge had no choice about enforcing it.
The same judge would no doubt find that the video of baby swinging was not child abuse material within the meaning of the legislation, and that disseminating it was therefore not an offence.