Thank you for the answer Jo. I was talking to someone who claimed they had legal knowledge, but what they said didn't sound convincing. I was told that as my brother was looking after our nephew at the time, he was supposed to be looking after him under the guise of 'in loco parentis' ( I think this means he had been entrusted in his care by his parents to my brother); therefore, if this recording was commissioned by my brother he would be liable for being prosecuted (after having read your initial response, I gather this is unlikely). However, could our other brother and his wife (nephew's parents) make a complaint to the police that their son was encouraged into making such a video and could there be any potential prosecution of this ?
You've mentioned a S5 public order/malicious communication as a potential action. Could the boy's mother ask for this and what potential criminal penalty could my brother face ? Sorry for asking what maybe the same and obvious inter-related questions, I'm trying to encourage my brother to remove the material, but he's being very brazen thinking that he will not face any form of prosecution for this. I'd like to know where he stands so hopefully I can eventually persuade him to remove this without him facing any criminal prosecution.
Thanks Jo. Last question: if the police were to find the evidence, could he expect a criminal conviction of any sort, or at the very least, if he removed it at the request of the police, could that be deemed the end of the matter without any repercussions?