Administering A Website Used To Deal With Child Abuse Material in Melbourne, Victoria
Administering a website used to deal with child abuse material is a charge that can be applied in several different situations. If you have been charged with this offence it is really important to speak to a lawyer, because the complexities of the charges, exemptions and the defences need a clear understand of the law to accurately navigate.
Have you been charged with administering a website used to deal with child abuse material?
Some questions to discuss with your lawyer are: did you administer or assist in the administration of a website (in any capacity) that is used by another person to deal with child abuse material?
An honest and reasonable but mistaken belief that the material dealt with was not child abuse material in this is not a defence.
If you administered a website used to deal with child abuse material in good faith in the course of your employment or official duties you need to explore the circumstances surrounding this and the legal exception that is allowed for this situation.
If the alleged child abuse material in question was not classified as being RC (Restricted Content) or would not be classified as such then the law allows an exception for this also.
Defences to this charge arise when either the defendant has taken all reasonable steps as soon as practicable to shut the website down or modify the website to prevent it’s use to deal with child pornography. The defendant must show that they have notified the police and complied with their instructions, and that they have notified industry regulatory authorities and complied with their reasonable directions.
Another defence is possible when the material used is used for an artistic merit or public benefit – for example showing images for educational purposes to illustrate child abuse. Again, any situations like this will need to be raised with your lawyer.
It is not necessary to prove the identity of the person using the child abuse material.
In order to prosecute the charge under Victorian law, either a computer or device used or used in connection with the charge, the person using the child abuse material, or some of the conduct of administration had to have taken place in Victoria.
The Offence
Section 51E of the Crimes Act 1958
The prosecution must prove:
- The defendant administered or assisted in the administration of a website; and
- The website is used by another person to deal with child abuse material; and
- The defendant intends the website to be used by another person in to deal with child abuse material; or
- The defendant is aware that the website is used by another person to deal with child abuse material.
The Maximum Penalty
Level 5 imprisonment being a maximum of 10 years.
Where Will My Case Be Heard?
Administering a Website used to deal with child abuse material cases can only be heard in the County Court or Supreme court of Victoria.
Questions To Consider
Do you have a situation with circumstances outlined above that can be used as an exception or defence? What was the structure of the organisation that ran the website in question? What was the extend of your knowledge of the website and its users? If you are planning to plead guilty, what can you do to minimise your sentence?
What to do Next?
The most important thing for you to do speak to a lawyer. Make a face to face appointment. Make sure you have some time put aside before to best prepare yourself to give all the relevant information.
If you have been charged with administering a website used to deal with child abuse material you should make an appointment 03 8644 7320 with one of our criminal defence lawyers today.
The Legislation
Section 51E Administering a website used to deal with child abuse material
(1) A person (A) commits an offence if—
(a) A administers, or assists in the administration of, a website; and
(b) the website is used by another person to deal with child abuse material; and
(c) A—
(i) intends that the website be used by another person to deal with child abuse material; or
(ii) is aware that the website is being used by another person to deal with child abuse material.
Examples
1 A manages membership of a website. A intends that the website be used by other persons to view child abuse material.
2 A monitors traffic through a website and ensures that the web server hardware and software are running correctly. A is aware that the website is being used by other persons to download child abuse material.
(2) A person who commits an offence against subsection (1) is liable to level 5 imprisonment (10 years maximum).
(3) It is not necessary to prove the identity of the person using the website to deal with child abuse material.
(4) It is immaterial that some or all of the conduct constituting an offence against subsection (1) occurred outside Victoria or that a computer or device used in connection with administering the website was outside Victoria, so long as—
(a) the person using the website to deal with child abuse material was in Victoria; or
(b) the computer or device used to deal with child abuse material was in Victoria.
(5) It is immaterial that the person using the website to deal with child abuse material was outside Victoria or that the computer or device used to deal with child abuse material was outside Victoria, so long as—
(a) some or all of the conduct constituting an offence against subsection (1) occurred in Victoria; or
(b) a computer or device used in connection with administering the website was in Victoria.
Notes
1 Exceptions apply to this offence—see sections 51J, 51K and 51S.
2 Defences apply to this offence—see section 51L.
3 A mistaken but honest and reasonable belief that reasonable persons would not regard the child abuse material as offensive is not a defence to this offence—see section 51U.
