Is Viewing Extreme Videos Online Considered Possession Under the UK Criminal Justice Act?

Question from Hey, Is Viewing Extreme Videos Online Considered Possession Under the UK Criminal Justice Act?

Answer from AI:

In the United Kingdom, the law regarding viewing extreme or obscene material online is complex. The Criminal Justice and Immigration Act 2008, specifically Section 63, makes it an offence to possess extreme pornographic images. However, the act of merely viewing such material online is not explicitly covered by this legislation.

Understanding the Law

The Criminal Justice and Immigration Act 2008, Section 63, states that a person commits an offence if they are in possession of an extreme pornographic image. The law defines ‘possession’ as having the material on a device or in a location where the person has control over it. This could include a computer hard drive, a mobile phone, or a cloud storage account.

However, the law does not explicitly state that merely viewing such material online, without downloading or saving it, constitutes possession. This is a grey area in the law, and different interpretations may apply.

Legal Interpretations and Case Law

In some cases, courts have interpreted the law to mean that viewing an image online can be considered possession if the image is stored in the device’s temporary internet files or cache. This is because the person has control over the device and can access the image again. However, this interpretation is not universally accepted, and other courts have ruled differently.

When to Seek Legal Advice

If you are concerned about your online activities and the law, it is advisable to seek legal advice. A legal professional can provide you with personalised advice based on your specific circumstances and the latest case law.

General Guidelines

While the law is not entirely clear, it is generally advisable to avoid viewing extreme or obscene material online. Not only could this potentially lead to legal issues, but it can also have other negative effects, such as contributing to the exploitation of vulnerable individuals.

Remember, the law can change, and interpretations can vary. Always consult with a legal professional if you are unsure about the legality of your actions.

Please note: This information is intended to provide a general understanding of the law. It is not intended to provide legal advice. Always consult with a legal professional for advice on your specific situation.