I think you’re getting the recordings confused. The video(s) recorded by Brian (and the other one of Amber and that other boy later on) would meet the criteria for child exploitation material or child pornography, but the legal clarification here related to the audio recording of when Brian admitted to his friend that…

As entertaining as the running commentary is, it’ll never pass and in the highly unlikely event that it does then it won’t last long (it’s probably a breach of international treaties for a start).