Draft legislation making possession of child pornography an offence in Gibraltar has been ready for months and could be in place by the summer.

The gap in local legislation was highlighted this week by a case in the Supreme Court involving a man who transmitted thousands of disturbing images over the internet.

 

Although he is being prosecuted for distributing the photos, he cannot be charged for possessing them in the first place because this is not a crime.

However the Chronicle has learned that the Gibraltar Government, which had publicly committed itself to plugging the legislative void, has already drafted a proposed bill covering this offence.

The draft bill was sent to the Bar Council recently for feedback but has yet to be published and tabled in Parliament.

However the Government had indicated in a parliamentary response late last year that it expected the Computer Misuse Act to be in place by June.

The proposed bill covers all sorts of cyber crime but includes a section relating specifically to child pornography.

The section prohibits the use of a computer to produce or publish child pornography, or to distribute it.

It also makes it an offence to obtain child pornography and to possess or store such material.

Depending on the nature of the offence, a person convicted for these crimes could face up to 10 years in prison.

In a related development, the Gibraltar Government has also prepared draft sex offenders legislation, which is currently missing from local legislation.

The proposed bill, which has also been circulated for comment, provides for the creation of a sex offenders register, in line with the UK position.

Anyone convicted of sex offences could have their details included on the register, including people who committed offences elsewhere but move to Gibraltar.

The proposed legislation also empowers courts with additional tools to protect children from sex predators, including restrictions on travel.