Is intentionally viewing images on a website considered possession in England, even when using Incognito mode?

Question from …, Is intentionally viewing images on a website considered possession in England, even when using Incognito mode?

Answer from AI:

In England, the legal definition of “possession” can be complex and varies depending on the context. In the context of digital content, such as images viewed on a website, the law generally considers possession to involve having control over the material and the ability to use or dispose of it.

Understanding Digital Possession

The law in England does not typically consider merely viewing an image on a website as possession. However, if the image is downloaded, saved, or otherwise stored on a device, it could potentially be considered possession. This is because the user has taken an active step to retain the image and has the ability to use or dispose of it.

Incognito Mode and Possession

Using Incognito mode on a web browser does not necessarily protect a user from being considered in possession of digital content. While Incognito mode may automatically clear browsing history and cache after a session, it does not prevent the downloading or saving of images. If an image is downloaded or saved while in Incognito mode, it could still potentially be considered possession.

Legal Implications

The legal implications of digital possession can be serious, particularly in cases involving illegal content such as child pornography. Under the Criminal Justice and Immigration Act 2008, it is an offence to be in possession of an indecent image of a child, with penalties including imprisonment.

Legal Advice

If you are concerned about the legal implications of viewing, downloading, or storing images on a website, it is strongly recommended that you seek legal advice. A legal professional can provide personalised advice based on your specific circumstances and the applicable laws.

Please note: This information is intended as a general guide and does not constitute legal advice. Laws can change and may have been updated since this text was written. Always consult with a legal professional for specific advice.

• Understand the legal definition of “possession” in the context of digital content.
• Be aware that using Incognito mode does not necessarily protect you from being considered in possession of digital content.
• Consider the legal implications of digital possession, particularly in cases involving illegal content.
• Seek legal advice if you are concerned about the legal implications of viewing, downloading, or storing images on a website.