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According to UK’s Obscene Publications Act, possession of photos of child pornography is unlawful and the distribution or sale of such material is prohibited. But pedophiles get away with it by using computer technology to turn real photographs or videos of abuse into drawings or cartoons which are not covered by the legislation.

Government in UK is reviewing proposals to close this loophole by declaring all computer-generated images and other non-photographic images of child sexual abuse illegal.

According to Justice Minister Maria Eagle:

Individuals prosecuted for possessing such images will face criminal charges and up to three years in prison.

The proposals follow a public consultation on the possession of
non-photographic visual depictions of children engaged in sexual activity. It will create a new criminal offense of possessing drawings and computer-generated images of children engaged in sexual activity.

According to the United States organization The National Center for Missing and Exploited Children (NCMEC) and other international sources, child pornography is a multi-billion dollar industry and among the fastest growing criminal segments on the Internet.

In 1999 Operation Ore was launched to indict thousands of users of websites featuring child pornography. In the United Kingdom, it has led to 7,250 suspects identified, 4,283 homes searched, 3,744 arrests, 1,848 charged, 1,451 convictions, 493 cautioned, 879 investigations underway, 140 children removed from suspected dangerous situations and at least 35 suicides.

Another operation named Operation Pin was announced on 18 December 2003, to involve the creation and operation of a number of websites (so-called “honeypots”) purporting to offer illegal images. While these websites will not contain child pornography images, they will be designed to look like the real thing so as to ensnare as many offenders as possible.

Eagle said:

These new proposals will help close a loophole that we believe paedophiles are using to create images of child sexual abuse. This is not about criminalising art or pornographic cartoons more generally, but about targeting obscene, and often very realistic, images of child sexual abuse which have no place in our society.

However, a major hurdle for authorities wanting to prosecute someone under these laws will be proving that the images depict children. A spokeswoman for the Ministry of Justice said:

The age of the depicted character would be a matter for a jury to take a view on, which is similar to the current situation with photographs and pseudo-photographs. As with pseudo-photographs, careful consideration will be given to the statutory definition of the cartoon child images which we are targeting.