14. Image‑based child abuse

a child abuse image or recording of a person (called in this section the victim);

an offer to sell or distribute a child abuse image or recording of the victim;

an advertisement of a child abuse image or recording of the victim;

any material which appears to be designed or communicated in such a way as to lead to any child abuse image or recording of the victim.Explanation.— Material in subsection (1)(d) includes phrases, keywords, descriptions, hints or hyperlinks published on an online location which enable a person interested in viewing a child abuse image or recording of the victim to locate or access it.

that depicts the child —

as a victim of torture, cruelty or physical abuse (whether or not the torture, cruelty or abuse is sexual);

as a victim of sexual abuse;

engaging in, or apparently engaging in, a sexual pose or sexual activity (whether or not in the presence of another person); or

in the presence of another person who is engaging in, or apparently engaging in, a sexual pose or sexual activity;

that depicts the genital or anal region (whether exposed or covered) of the child where the depiction is sexual and in circumstances (whether or not apparent from the depiction) which a reasonable person would regard as offensive; or

that depicts the breasts (whether exposed or covered) of a female child where the depiction is sexual and in circumstances (whether or not apparent from the depiction) which a reasonable person would regard as offensive.

has a legitimate purpose related to science, medicine, education or art; and

does not pose an undue risk of harm to any person below 16 years of age.Explanation.— Material has a legitimate purpose related to art which a reasonable person would regard as art.IllustrationA is a photo‑journalist in a war zone. A takes a photo of a child victim of torture and communicates this online as part of A’s work as a photo‑journalist. A’s communication has a legitimate purpose related to education.