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Businesses - Businesses
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Frequently Asked Questions - Businesses

FAQs - Businesses
As a publisher you are covered by the provisions of the Act. If an offence is committed then the company, its directors, officers or any person purporting to act as such may all be charged as having acquiesced, consented or connived in the activity. The question will be whether the material falls within the definition of child abusive material or child pornography and if so whether the defence of it being for the public good on the ground that it is “in the interest of science, literature, art or learning” applies.
A company, its directors, officers or any person purporting to act as such may all be guilty of an offence if they acquiesced, consented or connived in such activity. Some knowledge is therefore required. The company should immediately report any abuses by its employees or the company and its directors could be guilty of an offence.
Any artist should first consider the definitions used in the Act as they are very broad. It is possible that works of art created using models over the legal age for consent may fall within these definitions if the average person believed that the representation was that of a child. If the depiction is that of a ‘child’ its context must then fall within the relevant proscriptions for an offence to arise (pornographic; victim of cruelty or abuse etc.). The Act provides a defence where the material is justified as being for the public good on the ground that it is “in the interest of science, literature, art or learning”. It is for the Courts to decide the extent of this defence.

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