Internet Watch Foundation

R v (1) Graham Westgarth SMITH (2) Mike JAYSON (2002)

 

SMITH: No offence of “making” or “being in possession of an indecent pseudo-photograph” was committed by opening an e-mail attachment, when the recipient was unaware that it contained or was likely to contain an indecent image.

 

JAYSON: The act of voluntarily downloading an indecent image from the internet to a computer screen was an act of making a photograph or pseudo-photograph because the computers operator, in so downloading, was causing the image to exist on the screen.

 

http://www.geocities.com/pca_1978/reference/smithJayson2003.html