Written question asked by Sian C James (Labour) on Thursday, 23 November 2006, in the House of Commons. It was due for an answer on Monday, 27 November 2006. It was answered by Lord Coaker (Labour) on Thursday, 30 November 2006 on behalf of the Home Office.

Child Abuse

Question: To ask the Secretary of State for the Home Department what legislation governs the making and distribution of pornographic text describing the abuse of children; and if he will make a statement.

Answer: The Obscene Publication Acts 1959 and 1964 cover the publication, supply and possession for gain of material which, in the view of the court, has a tendency to ““deprave and corrupt”” those likely to read, see or hear it. This includes pornographic text describing the abuse of children where it meets this test. The maximum penalty under the Act (as amended) is three years’ imprisonment.In some circumstances, the distribution of such text may be covered by the law on incitement.

Secondary information