Reginald Breeze, 55, from Cromer, had admitted possessing 41 indecent images and 11 videos involving young children.
He was put on a sex offenders' register and given a supervision order but not banned from working with children as the judge believed it was unnecessary.
John Carr, from child charity NCH, said it was the wrong signal for judge Paul Downes to give at Norwich Crown Court.
Breeze must attend a sex offenders' treatment programme and if he breaches this condition he is likely to go to prison, the judge said.
But Mr Carr said his refusal to issue a banning order contradicted changes announced by Education Secretary Ruth Kelly.
Confidence undermined "The judge's comments undermine public confidence in the judicial system," Mr Carr said.
"Many recent studies show that people who collect and download child pornography are significantly more likely to go on and commit hands-on offences against children.
"This varies from one in five to 70% depending on the study but you can say they are definitely a risk to children."
Judge Paul Downes said after the hearing that it was obvious Breeze was a loner and had been put on the sex offenders' register so would be automatically be banned from working with children.
"It would have been a waste of time to add another order and it was in my view unlikely that he would ever work with children anyway," judge Downes said.
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