Is Unintentional Caching of Extreme Content Illegal in the UK?

Question from We, Is Unintentional Caching of Extreme Content Illegal in the UK?

Answer from AI:

When discussing the legality of viewing extreme pornographic material in the UK, it’s important to understand the specific laws that govern such content. The primary legislation is the Criminal Justice and Immigration Act 2008, particularly Section 63, which criminalizes the possession of extreme pornographic images. According to the law, 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 certain acts.

Understanding Intention in the Context of the Law

The law typically requires a person to have knowingly possessed the material for it to be considered a criminal offense. This means that if extreme content is automatically cached on your device without your knowledge or intention, it may not constitute a criminal offense. However, there are several factors to consider:

• Knowledge and Intent: If you intentionally viewed the content, knowing its nature, that could be considered intentional possession, even if the caching itself was automatic.
• Actions Taken: If you become aware of the cached content and take no action to remove it, this could potentially be seen as intentional possession.
• Access and Control: Having the ability to access the cached content and control over it (such as the ability to delete it) could also be relevant in determining possession.

Steps to Take if You Unintentionally Cache Extreme Content

If you find that your device has automatically cached extreme content, you should take immediate steps to remove it:

1. Clear your browser cache and delete any unwanted files.
2. Consider installing software that automatically blocks or filters extreme content.
3. If you are unsure about the legality of the content, seek legal advice.

When to Seek Legal Advice

If you are concerned about the legality of content that has been cached on your device, it is advisable to consult with a legal professional. They can provide personalized advice based on the specifics of your situation. This is particularly important if you are facing an investigation or charges related to the possession of extreme content.

Resources and Further Reading

For more information on the laws surrounding extreme content in the UK, you can refer to the Criminal Justice and Immigration Act 2008. Additionally, organizations such as the Citizens Advice Bureau can provide general guidance and support.

Remember, this information is not a substitute for personalized legal advice, and if you are in doubt about your legal position, you should speak to a solicitor or legal advisor.