QUOTE(SirFozzie @ Sat 6th December 2008, 6:45pm)
Let's have a bit of common sense here? The image is not "Child porn in the UK". According to a third party, internet watchdog group, it may be IN THEIR OPINION, and it provides filtering that ISP's use. No determination has been made in the UK.
A third-party internet watchdog group who act as pretty much the sole definer for a number of organisations, though. However, I do agree that it hasn't been determined and only could be by a jury on a trial by trial basis.
But (as this isn't directed as SirFozzie, just in general) to quote the Wikipedia article on Child Pornography, it is clear in the UK that accessing child pornography equates to making child pornography (been a while since I've reported on any child porn cases, to be fair):
QUOTE
In the United Kingdom, it is illegal to take, make, distribute, show or possess an indecent image of a child. Accessing an indecent image is considered to be "making" the image, meaning that a defendant can be charged under the Protection of Children Act if he accessed an image without saving it.[74] Indecency is to be interpreted by a jury, who should apply the recognised standards of propriety. A child is a person who has not reached the age of 18.
Under UK law, an image that appears to be a photograph of a child, but is not a photograph, is referred to as a "pseudo-photograph". It is also illegal to make, distribute, show or possess with a view to showing or distributing an indecent pseudo-photograph of a child, under the Protection of Children Act. As of the commencement of the Criminal Justice and Immigration Act 2008, this prohibition will be extended to encompass "tracings" of photographs. [75] In 2008, the Government announced further plans to criminalise all non-realistic sexual images depicting under-18s. The Government claimed it was needed to close a loophole for images derived from actual images of abuse - despite the fact that this loophole is closed in the Criminal Justice and Immigration Act 2008, and the new proposals criminalise images not derived from actual abuse.[76][77][78] The children's charity NCH, stated that "this is a welcome announcement which makes a clear statement that drawings or computer-generated images of child abuse are as unacceptable as a photograph". Others stated that the intended law would limit artistic expression, patrol peoples' imaginations, and that it is safer for pedophiles' fantasies "to be enacted in their computers or imaginations [rather] than in reality"