What Act applies to accessing pornography/child pornography i.e. on company computer? Is it reportable? Could I or my colleagues face prosecution if we do not report these matters to the Gardai?

Posted in : First Tuesday Q&A ROI on 4 December 2012 Issues covered:

Section 19 of the Criminal Justice Act 2011 criminalises failing, without reasonable excuse, to disclose information to the Gardai which a party knows or believes might be of material assistance in preventing or prosecuting an offence. The possession of child pornography is an offence under section 6 of the Child Trafficking and Pornography Act 1998 and therefore if an employee is found to be in possession of child pornography at work or on a work computer the fact should be reported to Gardai.

The 1998 Act provides for offences in relation to body corporates in that where a person is found to be in possession of child pornography and it is proved to have been with the consent or connivance

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Back to Q&A's This article is correct at 02/09/2015

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