Is viewing extreme material online considered the same as possession under the UK Criminal Justice Act?

Question from Sen, Is viewing extreme material online considered the same as possession under the UK Criminal Justice Act?

Answer from AI:

In the United Kingdom, the laws regarding viewing and possession of 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 extreme pornographic images, but the act of merely viewing such material online is not explicitly addressed in the same way.

Viewing vs Possession

The distinction between viewing and possession is a nuanced one. Generally, possession implies that a person has control over the material and has the ability to access it at will. This could include downloading, saving, or otherwise storing the material on a device.

Viewing, on the other hand, typically refers to accessing the material online without downloading or saving it. However, it’s important to note that even if you only view material online, it may still be temporarily stored on your device in the form of internet cache files, which could potentially be considered possession under the law.

Legal Implications

The Criminal Justice and Immigration Act 2008, Section 63, makes it an offence to possess an extreme pornographic image. This includes images that are grossly offensive, disgusting or otherwise of an obscene character and 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).

Seeking Legal Advice

If you’re unsure about the legality of certain online activities, it’s always a good idea to seek legal advice. Laws regarding online material can be complex and vary greatly depending on the specific circumstances. A legal professional can provide personalized advice based on your situation.

Remember, the information provided here is a general guide and does not constitute legal advice. Always consult with a legal professional for advice tailored to your specific circumstances.

For more information on the Criminal Justice and Immigration Act 2008, you can visit the UK Legislation website.