(1) A person shall not, through a computer system—
(a) take or permit to be taken or make, any indecent photograph or pseudo-photograph of a child;
(b) distribute or show the indecent photograph or pseudo-photograph of a child;
(c) have in his or her possession an indecent photograph or pseudo-photograph of a child, with a view to such photograph being distributed or shown by himself or herself or any other person; or
(d) publish or cause to be published any advertisement likely to be understood as conveying that the advertiser distributes or shows such indecent photographs or pseudo-photographs, or intends to do so.
(2) A person who contravenes subsection (1) commits an offence and is liable on summary conviction to a fine not exceeding $50,000 or to imprisonment for a term not exceeding 18 months or both and in the case of a subsequent conviction, to a fine not exceeding $100,000 or to imprisonment for a term not exceeding 3 years or both.
(3) It is a defence to a charge under subsection (1) if the person establishes that the indecent photograph or pseudo-photograph is for a bona fide research, medical or law enforcement purpose.
(4) Where the—
(a) impression conveyed by the pseudo-photograph is that the person shown is a child; or
(b) predominant impression conveyed is that the person shown is a child, not withstanding that some of the physical characteristics shown are those of an adult;
the pseudo-photograph, is treated for the purposes of this Act as showing a child.
(5) The Court before which a person is convicted of an offence under this section may, in addition to any penalty imposed, order—
(a) the forfeiture of any apparatus, article or thing which is the subject matter of the offence or is used in connection with the commission of the offence; and
(b) that the material subject matter of the offence be no longer stored on and made available through the computer system, or that the material be deleted.