R v Smith and Jayson

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.
 
For a full transcript of the appeal court hearing on the case, please visit here Opens in New Window.
 
Co-funded by the European Union Safer Internet Thinkuknow INHOPE UK Council for Child Internet Safety Investors In People Child rights Connect Nominet European Financial Coalition