Part II \ 9 NOTE: The laws respecting pornography vary considerably throughout the Commonwealth. For this reason, the prohibition in the model law is limited to child pornography, which is generally the subject of an absolute prohibition in all member countries. However a country may wish to extend the application of this prohibition to other forms of pornography, as the concept may be defined under domestic law. NOTE: The pecuniary penalty will apply to a corporation but the amount of the fine may be insufficient. If it is desired to provide a greater penalty for corporations, the last few lines of subsection (1) could read: “commits an offence punishable, on conviction: (a) in the case of an individual, by a fine not exceeding [amount] or imprisonment for a period not exceeding [period]; or (b) in the case of a corporation, by a fine not exceeding [a greater amount]. (2) It is a defence to a charge of an offence under paragraph (1) (a) or (1) (c) if the person establishes that the child pornography was a bona fide scientific, research, medical or law enforcement purpose. NOTE: Countries may wish to reduce or expand upon the available defences set out in paragraph 2, depending on the particular context within the jurisdiction. However, care should be taken to keep the defences to a minimum and to avoid overly broad language that could be used to justify offences in unacceptable factual situations. (3) In this section: “child pornography” includes material that visually depicts: (a) a minor engaged in sexually explicit conduct; (b) a person who appears to be a minor engaged in sexually explicit conduct; or (c) realistic images representing a minor engaged in sexually explicit conduct. “minor” means a person under the age of [x] years. “publish” includes: (a) distribute, transmit, disseminate, circulate, deliver, exhibit, lend for gain, exchange, barter, sell or offer for sale, let on hire or offer to let on hire, offer in any other way, or make available in any way; (b) have in possession or custody, or under control, for the purpose of doing an act referred to in paragraph (a); or (c) print, photograph, copy or make in any other manner (whether of the same or of a different kind or nature) for the purpose of doing an act referred to in paragraph (a).