Julian Samiloff discusses proposals to criminalise the possession of violent and extreme pornography online
The government proposes to strengthen laws against depictions of extreme sexual violence on the internet. Though already illegal to publish such material, it is legal to view. The initiative follows the tragic and horrific murder of Jane Longhurst and the public campaign based on the fact that her murderer was obsessed with images of sexual violence—the concern being that viewing such images causes extreme behaviour.
The publication offence
The Obscene Publications Acts 1959 (OPA 1959) and 1964 (OPA 1964) currently apply to internet content. However, under OPA 1959, s 1(3) an offence can only be committed by the publisher of the offending material eg image makers, website owners and hosting internet services providers (ISPs). OPA 1959, s 1(3) defines publication, for data stored electronically, as transmission of the material.
In R v Perrin [2002] EWCA Crim 747, [2002] All ER (D) 359 (Mar), applying R v Waddon, 6th April 2000, unreported, the defendant, a foreign national, was successfully prosecuted, on entering the
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