Does Intentionally Viewing Extreme Material Online Constitute Possession Under UK Law?

Question from Pas, Does Intentionally Viewing Extreme Material Online Constitute Possession Under UK Law?

Answer from AI:

The question of whether intentionally viewing extreme material online constitutes possession under UK law is complex and depends on several factors.

Understanding the Legal Definition of Possession

Under the UK’s Criminal Justice Act, for an individual to be considered in possession of an image, the image must be in their physical custody or control, and the person must be aware that they possess the image. This typically applies to images that are downloaded, saved, or otherwise stored on a person’s device.

Viewing vs. Possession

Simply viewing an image online, without downloading or saving it, may not necessarily constitute possession. However, it’s important to note that certain types of extreme material, such as child pornography, are illegal to view under any circumstances in the UK.

Internet Browsing and Temporary Files

One area of potential concern is the fact that when you view an image online, a temporary copy of that image is often stored on your device in the form of a cache file. This could potentially be considered possession, depending on the circumstances.

Legal Advice and Further Information

Given the complexity of this issue, it’s recommended that you consult with a legal professional if you have specific concerns. They can provide personalized advice based on your situation and the specifics of UK law.

For more information on the laws related to viewing extreme material online, you can refer to the Criminal Justice and Immigration Act 2008 and the Copyright, Designs and Patents Act 1988.

Please note: This information is intended to provide a general understanding of the law. It is not intended to provide legal advice. Always consult with a legal professional for advice related to your specific situation.