Is Viewing Extreme Content Online Considered Possession in the UK?

Question from …, Is Viewing Extreme Content Online Considered Possession in the UK?

Answer from AI:

In the United Kingdom, the laws regarding the possession of extreme pornographic material are quite specific and are primarily governed by the Criminal Justice and Immigration Act 2008. Understanding whether viewing such content online falls under “possession” requires a look into the definitions and stipulations provided by this legislation and related legal interpretations.

Understanding the Legal Framework

The Criminal Justice and Immigration Act 2008, specifically Section 63, outlines the offense of possession of extreme pornographic images. According to the Act, 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 one of the following:

1. Acts which threaten a person’s life,
2. Acts which result in or are likely to result in serious injury to a person’s anus, breasts, or genitals,
3. Bestiality, or
4. Necrophilia.

Furthermore, for an individual to be found guilty of possession under this Act, they must have had the image in their possession and have known, or at least have had cause to suspect, its existence and nature.

Viewing vs. Possession

Viewing extreme content online without deliberately downloading or saving it to a device may not always be considered possession. This is because possession typically requires control over the image or video, including the ability to retrieve it. However, the legal interpretation can be complex:

• If the content is automatically saved in the device’s cache or temporary files, it might technically be on the device, potentially leading to arguments about unintentional possession.
• Deliberately downloading, saving, or sharing extreme content is clearly considered possession and is illegal.
• The intention behind viewing and the steps taken to access the content can also influence legal interpretations.

Legal Advice and Steps to Take

If you’re concerned about the legality of content you’ve come across online, consider the following steps:

1. Avoid engaging with the content: Do not download, save, or share content that could be considered extreme or illegal.
2. Clear your browsing history and cache: If you’ve inadvertently viewed such content, clearing your browser’s cache and history can remove unintentional temporary files.
3. Seek legal advice: If you’re unsure about the legality of certain content or your actions, consulting with a legal professional is crucial. They can provide personalized advice based on the specifics of your situation.

It’s important to note that this information is not a substitute for professional legal advice. Laws and legal interpretations can vary and change over time. For personalized advice, always consult with a legal professional.

For more information on the legislation mentioned, you can visit the Criminal Justice and Immigration Act 2008.

Conclusion

In summary, while simply viewing extreme content online without taking further action may not always be considered possession under UK law, the nuances of the law mean that each situation can be different. Actions such as downloading, saving, or sharing such content are clear violations. Given the complexities and potential consequences, seeking legal advice if you’re in doubt is the safest course of action.