Legal Status of Cartoon Pornography Depicting Minors - United Kingdom

United Kingdom

The Coroners and Justice Act of April 2009 (c. 2) creates a new offence in England and Wales and Northern Ireland of possession of a prohibited image of a child. This act makes cartoon pornography depicting minors illegal in the UK. This Act does not replace the 1978 act, extended in 1994, since that covered "pseudo-photographs"—images that appear to be photographs. In 2008 it was further extended to cover tracings, and other works derived from photographs or pseudo-photographs. A prohibited cartoon image is one which involves a minor in situations which are pornographic and "grossly offensive, disgusting or otherwise of an obscene character."

Prior to this, although not explicitly in the statutes, the law has been interpreted to apply to cartoon images, though only where the images are realistic and indistinguishable from photographs. The new law however covers images whether or not they are realistic.

Coaker added that the Government was giving close consideration to the issues and options, and on 13 December 2006 UK Home Secretary John Reid announced that the Cabinet was discussing how to ban computer-generated images of child abuse — including cartoons and graphic illustrations of abuse—after pressure from children's charities. The Government published a consultation on 1 April 2007, announcing plans to create a new offence of possessing a computer generated picture, cartoon or drawing with a penalty of three years in prison and an unlimited fine.

The children's charity NCH, stated that "this is a welcome announcement which makes a clear statement that drawings or computer-generated images of child abuse are as unacceptable as a photograph". Others stated that the intended law would limit artistic expression, patrol peoples' imaginations, and that it is safer for pedophiles' fantasies "to be enacted in their computers or imaginations than in reality".

The current law was foreshadowed in May 2008, when the Government announced plans to criminalise all non-realistic sexual images depicting under-18s. Home Secretary John Reid and Parliamentary under Secretary of State for Justice Maria Eagle both specifically cited lolicon as something they want to ban under this new law.

These plans became part of the Coroners and Justice Act 2009, sections 62–68, and came into force on 6 April 2010. The definition of a "child" in the Act includes depictions of 16 and 17 year olds who are over the age of consent in the UK, as well as any adults where the "predominant impression conveyed" is of a person under the age of 18. The Act makes it illegal to own any picture depicting under-18s participating in sexual activities, or depictions of sexual activity in the presence of someone under 18. The law has been condemned by a coalition of graphic artists, publishers and MPs, fearing it will criminalise graphic novels such as Lost Girls and Watchmen.

The Government claimed that publication or supply of such material may be illegal under the Obscene Publications Act, if a jury would consider it to have a tendency to "deprave and corrupt". However, the published bill makes no reference to the "deprave and corrupt" test.