S.L. 9.5 Art. 3Pornographic image.

(1) Without prejudice to the provisions of regulation 7, an image is pornographic if it is of such a nature that it must reasonably be assumed to have been produced solely or principally for the purpose of sexual arousal.

(2) Where, as found in the person’s possession, an image forms part of a series of images, the question of whether the image is pornographic is to be determined by reference to:

(a) the image itself, and

(b) where the series of images is such as to be capable of providing a context for the image, its context within the series of images, and reference may also be had to any sounds accompanying the image or the series of images.

(3) Saving the provisions of sub-regulation (2), where:

(a) an image forms an integral part of a narrative constituted by a series of images, and

(b) having regard to those images as a whole, they are not of such a nature that they must reasonably be assumed to have been made solely or principally for the purpose of sexual arousal, the image may, by virtue of being part of that narrative, be found not to be pornographic, even if it may have been found to be pornographic where taken by itself.