Civic Government (Scotland) Act, 1982
Scottish Criminal Law: 21 - Indecent Publications: Civic Government (Scotland) Act, 1982
Section 52 - Indecent Child Photographs(1) Any person who-
(a) takes, or permits to be taken or makes, any indecent photograph or pseudo-photograph of a child under 18 years of age;
(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 - Possession of Photographs
Section 52B - Exemptions for photographs of 16 and 17 year olds
Note (b) In Longmuir v. H.M.A. 2000 S.C.C.R. 447, it was upheld on appeal, that downloading images from the Internet was within Section 52(1)(a) (above). The word "make" covered an activity whereby a computer was used to bring into existence data stored on a computer disk. A person who downloads images is making photographs. Operation of a computer to download electronic signals could be distinguished from mere possession of indecent photographs (where the possessor has not himself been responsible for bringing the material into existence).