What is production, dissemination, or possession of child abuse material?

A person may be charged with this offence in instances where he or she produces, disseminates or possesses child abuse material. Child abuse material is regarded as material that represents a child under 16, or a person who either appears to be, or is implied to be a child under 16 as:

  • a victim of torture, cruelty, or physical abuse; or
  • being engaged or apparently engaged in a sexual pose or sexual activity (with or without others present); or
  •  being in the presence of another person who is engaged or apparently engaged in a sexual pose or sexual activity; or
  • naked so that either the breasts, genitals or anus are exposed.

The material must be presented in a way that reasonable persons would regard as being offensive. Matters that the court will consider in determining whether a reasonable person would regard material as being offensive include:

  • generally accepted standards of morality, decency and propriety; and
  • whether the material has any literary, artistic or educational merit; and
  • whether the material has any journalistic merit in the public interest; and
  • the general character of the material (including whether it is of a medical, legal or scientific character).

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