References by police and the courts to “making” indecent images of children can confuse the public. The legal definition covers either the physical or digital possession of images but most often refers to images that are on an electronic device, such as a phone or computer.
Police and lawyers use the term “making” because the image is reproduced every time it is downloaded. Crucially, it is not necessary to have physically or intentionally saved an indecent image to a device to be found guilty; all that is required for a conviction in some cases is proof that the illegal image was accessed, even if it is no longer accessible to the user.
In addition to “making”, two other offences exist around indecent images. “Distribution” refers