- 4- (i) consisting of or containing material to be looked at; or (ii) that is a sound recording or a film, video-tape, disc or other record of a picture or pictures, shows, plays or projects that article to or for the public or a section of the public.” Section 2(5) of the Ordinance provides:“For the purposes of subsection (4): (a) “article” includes anything which is intended to be used, either alone or as one of a set, for the purpose of manufacturing or reproducing an article; and (b) “person” and “public” include, respectively, a person having the control or management of anything which is or purports to be a club, and the members of that club.” As to the definition of “article”, the Magistrate found that section 2(1) and section 2(4) did not specifically refer to computer disc, computer data or computer file, but did refer to “disc or other record of a picture or pictures.” In his judgment, the legislature clearly contemplated such computer-related technology when the Ordinance was passed in 1987. He found the clear words of the definition of “article” sufficiently wide to cover the computer files or electronic data uploaded to the Internet by the Appellant. Publication The prosecution case was that publication was complete when Appellant uploaded the computer files to the Newsgroup because the pictures then became available to other persons with access. Whether someone chose to download them or not, the articles had been published.