Mobile Phones and The Law

Some young people don’t seem to have a clue and it’s important that we get across the idea of Responsible Use for mobile technology.

The main law that relates to the inappropriate use of mobile phone cameras (or any camera) is the Civic Government (Scotland) Act, 1982. Under Section 52(1) of this act, any person who:
(a) takes, or permits to be taken or makes, any indecent photograph or pseudo-photograph of a child under 18 years;

(b) distributes or shows such an indecent photograph or pseudo-photograph;

(c) has in his possession such an indecent photograph or pseudo-photograph with a view to its being distributed or shown by himself or others; or

(d) publishes or causes to be published any advertisement likely to be understood as conveying that the advertiser distributes or shows such an indecent photograph or pseudo-photograph, or intends to do so,

shall be guilty of an offence under this section.

Section 52A of the Act is also important as it relates to the Possession of Photographs, Section 52A states:

(1) It is an offence for a person to have any indecent photograph or pseudo-photograph of a child under the age of 18 years in his possession.

Let me now focus on some terminology as people often become confused by this in the media.

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