Is Viewing Extreme Material Online Considered Possession in the UK?

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

Answer from AI:

In the United Kingdom, the laws regarding viewing extreme material online are complex and can vary depending on the nature of the material. It’s important to note that this explanation is a general overview and not legal advice. For specific situations, it’s recommended to consult with a legal professional.

Obscene Material

Under the Obscene Publications Act 1959, it’s a crime to publish obscene material, which includes distributing, circulating, selling, giving, or lending it. However, the Act doesn’t specifically address the issue of merely viewing such material online.

Extreme Pornographic Material

The Criminal Justice and Immigration Act 2008 introduced laws against possession of extreme pornographic material. This includes images that are grossly offensive, disgusting, or otherwise of an obscene character and portray, in an explicit and realistic way, certain specified acts.

According to this Act, possession includes viewing material online, even if it’s not stored on the viewer’s computer. This means that if you view such material online, you could be considered to be in possession of it.

Indecent Images of Children

The Protection of Children Act 1978 makes it illegal to take, make, distribute, show, or possess with a view to distribute any indecent photograph of a child. This includes viewing such images online. The law was updated in 2009 to include ‘making’ an indecent image of a child by downloading or opening an email attachment.

When to Seek Legal Advice

If you’re unsure about the legality of certain online material, it’s best to seek legal advice. This is particularly important if you’ve been accused of a crime related to viewing extreme material online.

Resources

• The Crown Prosecution Service provides guidance on the Obscene Publications Act.
• The UK government’s Criminal Justice and Immigration Act 2008 is available online.
• The Protection of Children Act 1978 can be viewed on the UK government’s legislation website.

Remember, this information is a general guide and not a substitute for professional legal advice. Always consult with a legal professional for advice tailored to your specific circumstances.