Pseudo-Photographs in Indecent Images Prosecutions

What is a Pseudo Photograph?

The term “pseudo photograph” refers to an image that may not be a traditional photograph but is created or modified to appear as if it were one.

It can include digitally created or manipulated images that simulate explicit sexual acts involving underage children. This can include digital art or computer generated images or other forms of visual representation that may not involve traditional photography but still depict illegal content.

Are Pseudo Photographs illegal?

The Protection of Children Act 1978 was amended by the Criminal Justice and Public Order Act 1994, section 84 (1 and 3) to close the loophole in the law where such images were not said to constitute indecent photographs of a child.

Section 7(8) of the Protection of Children Act 1978 states that where the impression conveyed by a pseudo photograph is that the person shown is a child then the image will be treated as a photograph of a child for the purposes of the legislation.

Section 7(9) was introduced by the Criminal Justice and Immigration Act 2008, section 69 (1 and 4). to clarify that an indecent pseudo photograph could include a duplicate copy or data stored on a computer desk or by other electronic means which was capable of being converted into an indecent pseudo photograph.

BSQ have been instructed in many cases where allegations of accessing pseudo photographs have been made. This type of activities is becoming more prevalent, particularly with the advance of AI and the development of applications such as “deep nude”, a deep learning network that is capable of creating illegal pornographic images.
 

How BSQ Can Help

The law and procedures in indecent images cases is far from straightforward. Most of our clients - who are mainly working professionals but can be drawn from every walk of life - find themselves in a situation they never imagined. Seeking guidance and legal advice from an experienced professional who specializes in indecent images cases becomes critical.

At BSQ, we provide an initial post-police interview consultation to our clients. During this consultation, we outline the following:

• What to expect in the upcoming legal process.

• Potential defences and alternatives to prosecution.

• Worst-case scenarios and possible outcomes.
  

Our goal is to ensure that our clients have a clear understanding of their situation and the legal options available to them.

If you are worried about your partner or a close friend or family member who has recently been arrested in an indecent images investigation, we would be happy to speak to you. As long as certain rules are complied with, we are permitted to taking instructions from third parties. 

You can find more information about our indecent images solicitors defence services, see our practice page.

 If you are accused of an indecent images offence and require legal representation, please contact our London offices on 020 3858 0851.