Section 84 — Tort of image‑based child abuse

(1)A person (X) must not make any communication that constitutes image‑based child abuse.

(2)If X contravenes subsection (1), the victim of the image‑based child abuse, who was below 16 years of age at the time the victim was depicted in the child abuse image or recording in question, may bring civil proceedings in a court against X.

(3)In any proceedings mentioned in subsection (2), it is a defence for X to prove —

(a)that X’s conduct was reasonable; or

(b)that X did not know and had no reason to suspect that the material that X had communicated was a child abuse image or recording.

(4)In this section —“child abuse image or recording” has the meaning given by section 14(2); “victim”, in relation to image‑based child abuse, means the victim mentioned in section 14(1).