Definition and Production of Child Pornography

Under section 91FB of the Crimes Act 1900, ‘child abuse material’ is defined as material that depicts or describes, in a way that reasonable persons would regard as being, in all the circumstances offensive; a child as a victim of torture, cruelty or physical abuse, or a child engaged in a sexual pose or sexual activity, or a child in the presence of another person who is engaged in a sexual pose or activity, or the depiction of the private parts of a child.

What constitutes as ‘offensive’ is defined as the standards of morality, decency and propriety generally accepted by reasonable adults. Some types of material may be considered for their literary, artistic, educational or journalistic merit, and the overall general character of the material will be taken into account as well.

Section 91G of the Crimes Act 1900 prohibits the use of children under the age of 14 in the production of ‘child abuse material’. The maximum term of imprisonment for this charge is 14 years. Where the child is above the age of 14 years old, the maximum term of imprisonment will be 10 years.

Dissemination and Production of Child Pornography

Under section 91H ‘Production, dissemination or possession of child abuse material’ is a crime contrary to the Crimes Act 1900. ‘Disseminate’ includes the sending, supply, exhibiting, transmission or communication to another person, or to make it available by another person, or enter into an agreement to do so.

‘Possess’ means being in possession or control of data containing child abuse material. ‘Produce’ includes (a) film, photograph, print or otherwise create child abuse material, (b) or alter or manipulate an image for the purpose of making child abuse material. A person who produces, disseminates or possesses child abuse material will be guilty of an offence, with a maximum term of imprisonment of 10 years.