Extreme Pornographic Images Regulations, 2016

L.N. 281 of 2016

CRIMINAL CODE

(CAP. 9)

Extreme Pornographic Images Regulations, 2016

IN EXERCISE of the powers conferred by article 208D of the

Criminal Code, the Minister for Justice, Culture and Local

Government has made the following regulations

The title of these regulations is the Extreme Pornographic

Images Regulations, 2016.

For the purposes of these regulations, an extreme

pornographic image is an image which is the following

(a)

pornographic; and

(b)

extreme

(1)

Without prejudice to the provisions of regulation 7,

an image is pornographic if it is of such a nature that it must

reasonably be assumed to have been produced solely or principally

for the purpose of sexual arousal.

(2) Where, as found in the person’s possession, an image

forms part of a series of images, the question of whether the image is

pornographic is to be determined by reference to

(a)

the image itself, and

(b)

where the series of images is such as to be capable

of providing a context for the image, its context within the

series of images,

and reference may also be had to any sounds accompanying the

image or the series of images.

(3) Saving the provisions of sub-regulation (2), where

(a)

an image forms an integral part of a narrative

constituted by a series of images, and

(b)

having regard to those images as a whole, they are

not of such a nature that they must reasonably be assumed to

have been made solely or principally for the purpose of sexual

the image may, by virtue of being part of that narrative, be

found not to be pornographic, even if it may have been found to

be pornographic where taken by itself.

An image is extreme if it portrays, in an explicit and Extreme

pornographic

realistic way, any of the following:-

image.

(a)

an act which takes or threatens a person’s life;

(b)

an act which results, or is likely to result, in a

person’s severe injury;

(c)

rape or other non-consensual penetrative sexual

(d)

sexual activity involving, directly or indirectly, a

human corpse;

(e)

an act which involves sexual activity between a

person and an animal or the carcass of an animal.

In determining whether, as found in the person’s Proof.

possession, an image depicts an act mentioned in regulation 4,

reference may be had to

(a)

how the image is or was described, whether the

description is part of the image itself or otherwise;

(b)

any sounds accompanying the image;

(c)

where the image forms an integral part of a

narrative constituted by a series of images

(i)

any sounds accompanying the series of

images;

(ii) the context provided by that narrative.

For the purposes of these regulations an image means

Definition of

image.

(a)

a moving or still image, made by any means; or

(b)

data, stored by any means, which is capable of

conversion into such an image.

(1)

An image is excluded from these regulations if

Excluded

images.

(a)

it forms part of a classified film within the meaning

of the Cinema and Stage Age-Classification Regulations;

(b)

it forms part of any other material, whether

physical or electronic, that serves the public good on the

grounds that it is in the interests of science, literature, art or

learning or other objects of general concern.

(2) An image is not excluded from these regulations if it has

been extracted from a classified work or any other material within the

meaning of sub-regulation (1) and it must reasonably be assumed to

have been extracted, whether with or without other images, from the

work or material solely or principally produced for the purpose of

sexual arousal.

Nothing in these regulations shall be interpreted as

authorising the display of any of the following

(a)

an act of rape or other non-consensual penetrative

activity;

(b)

an act of necrophilia or bestiality;

(c)

a sexual act or image involving a minor.

The Pornography and Obscenity Regulations are hereby

being revoked.

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