Consultation on the Possession of Extreme Pornographic Material
The Government has published a consultation paper inviting views on proposals to ban possession of extreme pornographic material.
The Government has published a consultation paper inviting views on proposals to ban possession of extreme pornographic material.
The accessibility to extreme pornographic material has been greatly increased due to the world wide growth of the Internet. The categories of material that the Government intends to ban are already illegal to publish in the UK under the Obscene Publications Act 1959 (OPA), and in Scotland, under the Civic Government (Scotland) Act 1982 CG(S)A, but the prosecution of those who operate via internet from abroad is very difficult to pursue. By strengthening the criminal law in respect of possession of extreme pornographic material the Government intends to reduce the demand for such material and send a message that it has no place in our society.
The content of extreme pornographic material set out in the consultation paper proposals are:
u Explicit pornography containing actual scenes or realistic depictions of:
Intercourse or oral sex with an animal.
Sexual interference with a human corpse.
Serious violence in a sexual context, for example, images of suffocation or hanging with sexual references in the way the scenes are presented.
u Serious sexual violence.
The consultation paper sets out four options for dealing with the issue. The options are:
? Option one adding a general offence of possession of obscene” material to the OPA and in Scotland, to the CG(S)A.
? Option two adding a possession offence limited to the category of material set out but under the umbrella of the OPA and in Scotland, the CG(S)A.
? Option three a new free standing offence in respect of the category of material set out in the paper.
? Option four do nothing.
In respect of creating an offence to tackle this issue, it is proposed that this would apply to offline as well as online possession of this material in whatever form it is held.
Option three is the preferred option of the Government and they have stated that if this option is pursued it would include defences (probably in line with the existing arrangements in respect of indecent photographs of children) to protect those whose exposure to the material was accidental and those who had a legitimate reason for possessing it, such as the prosecuting authorities.
The consultation paper is available at http://www.homeoffice.gov.uk/inside/consults/current/index.html