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Credit Regulation (Child Pornography) Bill


 

Credit Regulation (Child Pornography) Bill

 

 
 

Contents

1   

Offence of facilitation

2   

Penalties

3   

Financial provisions

4   

Short title, commencement and extent

 

Bill 61                                                                                                 

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Credit Regulation (Child Pornography) Bill

1

 

A

Bill

To

Impose penalties on credit and debit card providers for the facilitation of the

downloading of child pornography from the internet; and for connected

purposes. 

Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and

consent of the Lords Spiritual and Temporal, and Commons, in this present

Parliament assembled, and by the authority of the same, as follows:—

1       

Offence of facilitation

(1)   

Where it is established that a payment mechanism has been used, whether over

an electronic communications network or not, for the purpose of obtaining

indecent photographs or pseudo-photographs of children any and all entities

responsible for facilitating the transfer of funds to the supplier of the indecent

5

photographs or pseudo-photographs shall be guilty of an offence.

(2)   

In this section—

“electronic communications network” has the meaning given by section

32 of the Communications Act 2003;

“child”, “photographs” and “pseudo-photographs” have the meaning

10

given in section 7 of the Protection of Children Act 1978;

“indecent photograph of children” has the meaning given in section 1 of

the Protection of Children Act 1978;

“payment mechanism” means credit cards and debit cards.

(3)   

For the purpose of determining whether or not an offence has been committed

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under subsection (1), providers of credit cards and debit cards must ensure that

records are kept of the age, identity and address of all holders of credit and

debit cards, including pre-paid cards.

(4)   

The Secretary of State must make provision by regulations made by statutory

instrument for the determination of supervisory authorities, the duties of

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supervisory authorities, power to require information from, and attendance of,

relevant and connected persons, powers of entry and inspection, powers of

relevant officers and offences by bodies corporate, related to the offence of

facilitation created by subsection (1).

 

Bill 61                                                                                                 

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Credit Regulation (Child Pornography) Bill

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(5)   

Regulations made under subsection (4) may include such supplementary,

transitional and transitory provision as the Secretary of State considers

appropriate.

(6)   

Regulations made under subsection (4) shall be subject to annulment in

pursuance of a resolution of either House of Parliament.

5

2       

Penalties

(1)   

A company or organisation which commits an offence under section 1 shall be

liable to an unlimited fine.

(2)   

An individual who commits an offence under section 1 shall be liable—

(a)   

on conviction on indictment, to imprisonment for a term not exceeding

10

seven years or to a fine or to both;

(b)   

on summary conviction, to imprisonment for a term not exceeding the

relevant maximum or to a fine not exceeding the statutory maximum or

to both.

3       

Financial provisions

15

There shall be paid out of money provided by Parliament

(a)   

any expenditure incurred under or by virtue of the Act by the Secretary of

State, and

(b)   

any increase attributable to the Act in the sums payable under any other Act

out of money so provided.

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4       

Short title, commencement and extent

(1)   

This Act may be cited as the Credit Regulation (Child Pornography) Act 2011.

(2)   

This Act is to come into force on such day as the Secretary of State may by order

made by statutory instrument appoint.

(3)   

This Act extends to England and Wales, Scotland and Northern Ireland.

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