A 39-YEAR-OLD accused of making lewd comments about children during a private online conversation is set to appear in court.

Gavin Smith, of Boleyn Way, Swanscombe, has been charged with eight counts of publishing an obscene article under the Obscene Publications Act 1959, in relation to the one-on-one online chat.

This is the first time the Act has been used to prosecute someone over an alleged private online conversation, and a plea date has been set for September 10 at Maidstone Crown Court.

Smith is also accused of four counts of possessing indecent images of children and two counts of taking indecent photographs of children. He will enter a plea for these charges during the same hearing.