Is intentionally viewing extreme material online considered the same as possession under the UK Criminal Justice Act?

Question from Su, Is intentionally viewing extreme material online considered the same as possession under the UK Criminal Justice Act?

Answer from AI:

In the United Kingdom, the laws regarding viewing and possession of extreme material online are complex and can vary depending on the specific nature of the material. The Criminal Justice and Immigration Act 2008, Section 63, makes it an offence to possess extreme pornographic images, but the law is less clear when it comes to simply viewing such material.

Viewing vs Possession

Generally, the act of intentionally viewing extreme material online is not treated the same as possession. However, there are exceptions. For example, if the material is downloaded, saved, or otherwise stored on a device, it could be considered possession, even if the individual did not intend to keep the material.

Extreme Material

The definition of “extreme” is also important. Under the Criminal Justice and Immigration Act 2008, an image is considered extreme if it is grossly offensive, disgusting, or otherwise of an obscene character and it portrays in an explicit and realistic way any of the following:

• an act which threatens a person’s life,
• an act which results, or is likely to result, in serious injury to a person’s anus, breasts or genitals,
• an act which involves sexual interference with a human corpse, or
• a person performing an act of intercourse or oral sex with an animal (whether dead or alive).

Legal Advice

If you are concerned about your online activities or have been accused of a related offence, it is strongly recommended that you seek legal advice. Laws regarding online activities can be complex and penalties can be severe. A legal professional can provide personalized advice based on your specific circumstances.

Resources

For more information on the laws regarding extreme material online in the UK, you can refer to the Criminal Justice and Immigration Act 2008, Section 63.

Please note that 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.