This answer is written by AI. The information provided in this response is intended for general informational purposes only and should not be considered as legal advice. Do not rely solely on the information provided in this response for any legal decisions. Consult with a qualified legal professional before making any decisions.

Is Viewing Extreme Videos Online Considered Possession Under UK Law?

Question from Joe, Is Viewing Extreme Videos Online Considered Possession Under UK Law?

Answer from AI:

The question of whether viewing extreme videos online is considered possession under UK law is complex and depends on several factors. The key issue is whether the viewer has control over the material and is aware of its presence.

Understanding Possession Under UK Law

In the UK, the legal concept of possession requires two elements: custody or control over the item, and knowledge of its presence. This was clarified in the case of Okoro [2018] EWCA Crim 1929.

  • The first element, custody or control, means that the item is within the person’s control and they are capable of accessing it. This could potentially apply to online content, depending on the circumstances.
  • The second element, knowledge, means that the person is aware they have the item. They do not necessarily need to know the specific content of the item, just that they have it.

Applying the Law to Online Content

When it comes to online content, the law can be less clear. Simply viewing a video online may not necessarily constitute possession, as the viewer may not have control over the video in the same way they would a physical item or a downloaded file. However, if the video is downloaded or saved in some way, this could potentially be considered possession.

Legal Advice is Recommended

Given the complexity of this issue, it is strongly recommended that individuals seek legal advice if they are concerned about their online activities. Laws can vary and evolve, and legal professionals can provide up-to-date, personalized advice based on the specifics of a person’s situation.

Please note that this information is intended as a general guide and does not constitute legal advice. For personalized advice, consult with a legal professional.

For more information on UK law regarding possession, you can refer to the Criminal Justice Act 1988 and the Okoro [2018] EWCA Crim 1929 case.

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