Pornography is a contentious topic, and many people wonder about its legality in the UK. The UK has a long history of strict obscenity laws, and many people are unsure about what is and isn’t allowed. In general, adult pornography is legal in the UK but there are certain types of content that are strictly prohibited.
The Protection of Children Act 1978 makes it illegal to take, permit to be taken, make, distribute, show, have in one’s possession, publish or cause to be published any indecent photograph or pseudo-photograph of a child.
Additionally, the Criminal Justice and Immigration Act 2008 introduced a new offence of possession of extreme pornographic images. It is illegal to possess pornographic images that depict acts that are deemed to be “extreme”, such as bestiality or necrophilia. Anyone caught with such images can face up to three years in prison.
Legality of Pornography in the UK
The legality of pornography in the UK is a complex issue. As a general rule, having, sharing, or selling adult pornography is not illegal. However, some types of pornography are illegal, and possessing, making, or distributing them are serious offenses.
The UK has a different tradition of pornography regulation from that found in most other Western countries, which legalised hardcore pornography during the 1960s and 1970s. By contrast, the UK was almost the only liberal democracy not to do so, and the UK’s obscenity laws, such as the Obscene Publications Act 1959, remained strict by European standards.
The Protection of Children Act 1978, and its subsequent amendments, make it illegal to take, permit to be taken, make, distribute, show, have in one’s possession, publish or cause to be published any indecent photograph or pseudo-photograph of a child, or to possess such material with a view to its being distributed or shown.
It was the Digital Economy Act 2017 that introduced the legal requirement for online porn websites to implement an age verification system that aimed to prevent people under the age of 18 from accessing commercial-operated pornography. If sites failed to comply, they could be fined up to £250,000, or up to 5% of their turnover.
Is Revenge Porn Legal in UK?
Revenge porn, which involves the malicious distribution of private sexual images of someone without their consent and with the intention of causing them distress, is illegal in UK.
The offense covers both online and offline sharing of intimate images, including those posted on social networking sites like Facebook and Twitter, as well as those shared via text messages, email, websites, or physical copies. Those convicted of revenge porn can face a maximum sentence of 2 years in prison. The law aims to protect victims and hold offenders accountable for their actions.
Age Restrictions and Verification
It is legal to view pornography in the UK, but there are age restrictions in place to prevent minors from accessing it. The minimum age to view pornography in the UK is 18 years old. Anyone caught distributing pornography to minors can face criminal charges.
To enforce these age restrictions, the UK government has implemented age verification measures for commercial providers of online pornography. These measures require users to prove their age before accessing adult content. The British Board of Film Classification (BBFC) is responsible for overseeing the implementation of these measures.
The age verification process involves users providing proof of age through a third-party service. These services may include credit card verification, mobile phone verification, or other forms of identification. Once a user has verified their age, they will be able to access adult content on participating websites.
It is important to note that these age verification measures only apply to commercial providers of online pornography. Non-commercial websites and social media sites are not subject to these regulations. However, these websites are still required to comply with UK laws regarding the distribution of pornography to minors.
Obscenity Laws and Regulations
The Obscene Publications Act 1959 is the primary legislation governing obscenity in the UK. According to this act, material is considered obscene if it tends “to deprave and corrupt” those likely to read, see, or hear it. The act applies to all forms of media, including books, magazines, films, and online content.
The Crown Prosecution Service (CPS) is the body responsible for prosecuting individuals and companies for obscenity-related offences.
The CPS has issued guidelines on what constitutes “obscene” pornography. These guidelines have been relaxed in recent years, meaning that material that was previously considered obscene may now be legal. However, the CPS still considers certain types of material to be illegal, including material that features violence, bestiality, or child sexual abuse.
In addition to the Obscene Publications Act, there are other laws and regulations that govern pornography in the UK. The Digital Economy Act 2017, for example, requires that all commercial pornography websites implement age verification systems to prevent children from accessing adult content. Failure to comply with this law can result in significant fines.
Online Pornography and the Digital Economy Act
The Digital Economy Act 2017, also known as the “Porn Law,” regulates the availability of online pornography in the UK. The legislation requires commercial providers of online pornography to have robust age verification controls in place to prevent children and young people from accessing adult content.
The Act defines commercial providers as those who make pornographic material available on the internet to persons in the United Kingdom on a commercial basis. This includes websites that require payment for access to pornographic content.
The age verification system requires users to prove they are 18 or over before being granted access to adult content. Providers must verify the user’s age through a third-party age verification service or through other methods approved by the regulator.
The Digital Economy Act also requires internet service providers to block access to pornographic websites that do not comply with the age verification requirements. Failure to comply with the Act can result in fines and other penalties.
Censorship and Content Classification
The UK has a complex system of censorship and content classification for media, including pornography. The British Board of Film Classification (BBFC) is responsible for classifying films, videos, and DVDs in the UK, including those containing pornographic content.
The BBFC classifies adult content into R18 and 18 categories. The R18 category is reserved for hardcore pornography that is not suitable for people under 18 years of age.
Impact of Legal Restrictions
The legal restrictions on pornography in the UK have had a significant impact on the industry. The most notable impact has been on the production and distribution of child pornography, which is illegal under the Protection of Children Act 1978. The Act makes it illegal to take, distribute, show, or possess any indecent photograph or pseudo-photograph of a child under the age of 18.
The UK also has laws that regulate the production and distribution of adult pornography. The most recent law is the Digital Economy Act 2017, which requires all commercial pornography websites to implement age verification systems to prevent minors from accessing their content. Failure to comply with this law can result in hefty fines or even imprisonment.
These legal restrictions have had a positive impact on reducing the availability of illegal pornography online. However, critics argue that these laws have also had unintended consequences, such as driving the production and distribution of pornography underground, making it harder to regulate and monitor.
Despite these restrictions, the UK remains one of the largest consumers of pornography in the world. A 2022 survey found that 13% of men and 4% of women in the UK watch pornography at least once a week. This suggests that while legal restrictions may have some impact on the industry, they have not eliminated the demand for pornography.
Author – Julie Condliffe
Julie Condliffe is a four-time bestselling author, successful property investor and an award winning solicitor. She is the founding partner of Creative Legals.