Child sexual abuse material

In Ireland, the sexual abuse, sexual coercion and sexual exploitation of children are offences under the Child Trafficking and Pornography Act 1998 as amended by the Criminal Law (Sexual Offences) Act 2017, and are often referred to by the legal term “child pornography”.

Under Irish law “child pornography” is defined as:

1. any visual representation—
   
   1. 1. that shows, or in the case of a document relates to, a person who is or is depicted as being a child and who is engaged in or is depicted as being engaged in real or simulated sexually explicit activity,
      2. that shows, or in the case of a document relates to, a person who is or is depicted as being a child and who is or is depicted as witnessing any such activity by any person or persons, or

   that shows, for a sexual purpose, the genital or anal region of a child or of a person depicted as being a child,

2. any audio representation of a person who is or is represented as being a child and who is engaged in or is represented as being engaged inexplicit sexual activity,
3. any visual or audio representation that advocates, encourages or counsels any sexual activity withchildren, or
4. any visual representation or description of, or information relating to, a child that indicates or implies that the child is available to be used for the purposeof sexual exploitation,
5. irrespective of how or through what medium the representation, description or information has been produced, transmitted or conveyed and, (…), includes any representation, description or information produced by or from computer-graphics or by any other electronic or mechanical means.

Examples of content that would constitute child sexual abuse material:

• any visual representation depicting a child in sexually explicit poses;
• any form of sexual touching involving a child;
• any content displaying solo masturbation by a child;
• non-penetrative or penetrative sexual activity involving children or both children and adults;
• sadistic sexual subjugation or bestiality involving a child.
• non-photographic content depicting sexual abuse of a child (such as cartoons, digitally-generated imagery etc.);
• text (e.g. stories) describing the sexual abuse of a child.

The following examples should act as a non-exhaustive list of activities which are illegal under Irish legislation.

It is a crime to:

• engage in any form of sexual activity with a child;
• engage in sexual activity in the presence of a child, in a place observable by a child, or when knowing or believing that a child is aware, or when intending that a child should be aware that the person is engaging in sexual activity, for the purpose of obtaining sexual gratification or corrupting or depraving the child;
• expose a child to watch pornography and/or any sexually explicit acts involving adults and/or children;
• produce, facilitate the production, distribute, transmit, disseminate, print, publish, import, export, sell, show, supply or make available “child pornography”;
• advertise, by any means, that the advertiser or any other person produces, distributes, transmits, disseminates, prints, publishes, imports, exports, sells, shows, supplies or makes available any “child pornography”;
• acquire, possess, or obtain via information and communication technology “child pornography”;
• invite, coerce, counsel, or induce a child under the age of 15 to engage in/or observe sexually explicit acts or sexual touching;
• meet, obtain or provide a child for the purpose of sexual exploitation;
• attend a live pornographic performance involving a child, including attendance via the use of information and communication technology.

Hotline.ie is the Irish national reporting centre where members of the public can securely, anonymously, and confidentially report concerns in respect of illegal content online, especially CSAM.

To make a report of suspected child sexual abuse material click here.