CHILDREN AND COMMUNITY SERVICES ACT 2004 - SECT 192

CHILDREN AND COMMUNITY SERVICES ACT 2004 - SECT 192

192 .         Children not to be employed to perform in indecent manner etc.

        (1)         A person who employs a child to perform in an indecent, obscene or pornographic manner in the course of participating in an entertainment or exhibition or in the making of an advertisement is guilty of a crime, and is liable to imprisonment for 10 years.

        (2)         A parent of a child who permits the child to be employed to perform in an indecent, obscene or pornographic manner in the course of participating in an entertainment or exhibition or in the making of an advertisement is guilty of a crime, and is liable to imprisonment for 10 years.

        (3)         For the purposes of this section but without limiting its application —

            (a)         a child is employed to perform in an indecent, obscene or pornographic manner if, in the course of the child’s employment, the child —

                  (i)         is engaged in an activity of a sexual nature; or

                  (ii)         is in the presence of another person who is engaged in an activity of a sexual nature; or

                  (iii)         is required to pose or move in a manner calculated to give prominence to sexual organs, the anus or, in the case of a female child or a transgender or intersex child who identifies as female, the breasts;

                and

            (b)         a child’s performance is in the course of participating in an entertainment or exhibition if the performance —

                  (i)         consists in whole or in part of modelling or posing of any kind; or

                  (ii)         is only for the person employing the child or for some other particular person or a class of people; or

                  (iii)         is communicated in any way to an audience of one or more people; or

                  (iv)         is recorded in any way for later visual or audible presentation to an audience of one or more people; or

                  (v)         can be viewed on the Internet or in any other way.

        (4)         Without limiting the definition of employ in section 188, if a child participates in an entertainment or exhibition carried on for profit or in the making of an advertisement for commercial purposes, then for the purposes of this section the person who carries on the entertainment or exhibition or makes the advertisement employs the child.

        [Section 192 amended: No. 18 of 2021 s. 69.]