Question from …, Is Viewing Extreme Images Online Considered Possession Under UK Law?
Answer from AI:
In England, the law distinguishes between viewing extreme images online and possessing such images. The distinction is primarily based on the Criminal Justice and Immigration Act 2008, which criminalizes the possession of extreme pornographic images but does not explicitly address the act of merely viewing such images online.
Understanding the Law
Under Section 63 of the Criminal Justice and Immigration Act 2008, it is an offence to possess an extreme pornographic image. The Act defines ‘extreme’ images as those which are grossly offensive, disgusting or otherwise of an obscene character and portrays in an explicit and realistic way any of the acts specified in the Act.
However, the Act does not explicitly criminalize the act of merely viewing such images online. This is a key distinction. Possession implies control over the image, such as having it saved on your device, while viewing does not necessarily involve control or the ability to distribute the image.
When Viewing Might Be Considered Possession
There are circumstances where viewing extreme images online could potentially be considered possession. For example, if an image is automatically saved to your device’s cache when you view it, this could potentially be considered possession, as the image is now stored on your device. However, this is a complex area of law and the interpretation can vary.
Seeking Legal Advice
If you are concerned about this issue, it is strongly recommended that you seek legal advice. A legal professional can provide personalized advice based on your specific circumstances. They can also help you understand the nuances of the law and how it might apply to you.
Additional Resources
For more information on this topic, you may wish to consult the following resources:
- Crown Prosecution Service’s guidance on extreme pornography
- UK Government’s guidance on indecent images of children
Please note that this information is intended to provide a general understanding of the law. It should not be relied upon as legal advice, nor is it intended to replace the advice of a qualified legal professional.
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