2.6.1.1 What is an 'indecent' image?
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The preferred term to use is child sexual abuse material (CSAM). However, the term 'indecent images' continues to be used and defined in the current relevant legislation. The term 'indecent images' is used here only for the purpose of stating its legal definition. The material should still be considered to be, and referred to as, CSAM.
See this for further information on the law as it applies to child sexual abuse material.
Child nudity alone does not necessarily mean an image is indecent.
Indecent images include:
Sexually explicit images of penetrative or non-penetrative activity (with or without the presence of an adult).
Images of erotic or sexually explicit posing.
Posed or staged images where the focus is on the nudity of the child, as opposed to an image containing nudity but placed within a wider cultural or societal context.
As well as the explicit content, an image can also be seen as indecent where the creator has abused a position of power. Acts in the presence of a child also count as CSAM where obscene, grossly offensive or there is an abuse of power e.g. a child being forced to watch.
The circumstances in which the image came to be taken or made, or the motive of the person taking or making it, are not relevant. It is whether the image itself is indecent that is relevant. It is therefore possible for indecent images to be self-produced.
It does not matter if the image is already in the public domain or has been published or otherwise distributed.
Where images of child nudity appear within a published text i.e., a published book, we need to consider the context and language of the book to determine whether this changes the intention and/or interpretation of the image.