Extreme pornography ban - Criminal Justice Act 2008

The Criminal Justice and Immigration Act 2008 is an act of UK parliament; Part 5, Section 63 of which banned and criminalised possession of pictorial material that was classified as "extreme pornography" (EP). This came into effect from 26th January 2009.

Definition of extreme pornography

This was defined as pictorial material (moving or still) whose sole purpose is for sexual arousal that is "grossly offensive, disgusting or otherwise of an obscene character", and portrays 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 or appears to involve sexual interference with a human corpse (necrophilia),
a person performing or appearing to perform an act of intercourse or oral sex with an animal (whether dead or alive) (necrozoophilia/zoophilia),

and a reasonable person looking at the image would think that any such person or animal was real.

This also applies to staged acts and is regardless of whether or not consent is given. Classified works (such as films) are exempt, however extracts of classified works that are deemed to have been extracted primarily for sexual arousal are not.

Legal powers

For those convicted of being in possession of EP, the maximum sentence is two or three years (depending on what the pornography portrays); adults sentenced to two years or more will also be placed on the Violent and Sex Offender Register.

History and origin

In Brighton during March 2003, Graham Coutts caused the death of Jane Longhurst through strangulation; during the trial Coutts was shown to have asphyxiation fetishes and had often accessed pornography of similar and "violent" natures over the internet. Following Coutts' conviction in 2004, Longhurst's mother and sister started a campaign against EP and the web sites that provided it.

A petition to that effect, backed by MP Martin Salter, gained 50,000 signatures was submitted to the Government. An attempt was made to shut down EP web sites without success, as most of these are based outside of the United Kingdom. Following that, the legality of possessing such images was consulted, and in August 2006, it was announced that the Government would seek to ban and criminalise possession of EP as soon as possible.

The response to the consultation was resoundingly negative; out of 397 responses, 61% rejected the need for the bill, 36% were in support, with 3% neutral. However, the plans were published as part of the Bill in 2007 and came into force on 26th January 2009.

Protest

Backlash, an umbrella pressure group of various long-standing groups, was created in 2005 as an opposition to the Government's plans.

The Consenting Adult Action Network, a grassroots UK network, was formed in 2008 to also oppose and protest against the new laws.

External Links

Part 5 of the Criminal Justice and Immigration Act 2008

Response to the Government's consultation (pdf file)

Backlash web site

Consenting Adult Action Network web site

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