The "offence" Of Painting Indecent Images?

[Khandro]

Whether or not the charges of abuse against a minor by Rolf Harris are true or false has yet to be proven, but I hear he is to be charged with 'Making indecent images of children'.
Does such an offence exist?

[Zacs-Master]

Who said anything about 'painting'?

[EDDIE51]

it does not say 'painting' indecent images it says 'making', this usually refers to downloading child porn images from the internet. The act of downloading the images is called 'making indecent images' in legal terminology.

[Khandro]

Well was it 'making', he is a painter.

[jno]

as Eddie says, it probably means downloading. But in the case of a painter 'making' could of course mean something more literal.

[Zacs-Master]

I think you've made 2 and 2 equal 5 there Khandro.

[EDDIE51]

''Do you know what it is yet?''

[Khandro]

//The act of downloading the images is called 'making indecent images' in legal terminology.//
I didn't know that, where then does the 'making' come in?

[New Judge]

Nobody said anything about painting Khandro. He is also a singer and nobod said anything about him singing indecent songs to young people.

Eddie has explained what the term means.

[DaisyNonna]

Excuse me for asking but if one is downloading images surely they have already been made?

[Orderlimit]

"A person who either downloads images on to disc or who prints them off is making them. The Act is not only concerned with the original creation of images, but also their proliferation. Photographs or pseudo-photographs found on the Internet may have originated from outside the United Kingdom; to download or print within the jurisdiction is to create new material which hitherto may not have existed therein." (R v Bowden (1999))

[Zacs-Master]

I suppose it's because you are 'making' a copy.

[Peter Pedant]

Khandro - there is case law (judges' decisions, the English really get off on t hem) that says downloading was making

so whever you press send, think to yourself.... if this were an indecent imate I am committing a crime.....

[EDDIE51]

if you download an indecent image and store it on your computer you have ' 'made it' in the legal sense , you do not actually have to draw, paint or photograph it . Just downloading it and storing it is a crime. It is no defence to say '' I did not make it myself '' just possessing it is enough.

[jno]

you don't even have to send them anywhere, Peter.

[Zacs-Master]

As I said, you are 'making' a copy.

[Khandro]

I was perhaps mistakenly interpreting the charge, and leaping in to defend the right of an artist (or anyone) to make a depiction by painting or drawing of anything they wish.

[shoota]

I can only find reference to computer images, photographs and images derived therefrom in the Protection of Children act 1978 or its mendments.
Does anyone know if an indecent painting of a child is an offence? After all that could be painted entirely from the imagination.

[WyeDyed]

Wasn't there a case recently where an artist was, successfully, prosecuted for child abuse?

[jno]

there was a bizarre case in Australia a few years ago where a man was jailed for making an indecent image of... Bart Simpson. I thought that was absurd.

[Peter Pedant]

The frog who had a no 1 hit had his w+lly blurred out. (green it was)

Yeah the St Ives arteest who painted young men without any er clothes on, had an exhibition in London (they odd up there, I can tell'ee) with paintings lent by Elton John, and the Police raided and rounded themm up - the pictures I mean

One ended up in the nick full of bullet holes, and in the ensuing criminal damage case, the police successfully pleaded in defence, they thought it was trying to get out a window and was armed.


OK OK bits of this are untrue - I thought a little levity was needed.