Is Viewing Extreme Material Online Considered Possession Under the Criminal Justice Act in England?

Question from Hj, Is Viewing Extreme Material Online Considered Possession Under the Criminal Justice Act in England?

Answer from AI:

In England, the laws regarding viewing extreme material online are complex and can vary depending on the specific nature of the material. The Criminal Justice and Immigration Act 2008, Section 63, makes it an offence to possess an extreme pornographic image. However, the law does not explicitly state that merely viewing such material constitutes possession.

What Constitutes Possession?

In general, possession implies control over the item in question. This typically means that the item is stored on a device you own or control, such as a computer or smartphone. If you merely view an image online without downloading or saving it, this may not be considered possession under the law. However, it’s important to note that many web browsers automatically save a temporary copy of images viewed online, which could potentially be considered possession.

What is Considered Extreme Material?

According to the Criminal Justice and Immigration Act 2008, 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 any of the following:

• an act which threatens a person’s life,
• an act which results, or is likely to result, in serious injury to a person’s anus, breasts or genitals,
• an act which involves sexual interference with a human corpse, or
• a person performing an act of intercourse or oral sex with an animal (whether dead or alive).

Legal Advice and Further Information

If you are unsure about the legality of certain online material, it is strongly recommended that you seek legal advice. The laws regarding online material can be complex and penalties for violations can be severe.

For more information, you can refer to the Criminal Justice and Immigration Act 2008, Section 63 or consult with a legal professional.

Please note that this information is intended to provide a general understanding of the law. It is not intended to provide specific legal advice. Always consult with a legal professional for personalized advice.