Important Update to UK Law - Crime and Policing Act 2026: Offences relating to pornography

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Esoterix

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Important change to UK pornography law – Effective 6 November 2026

We are issuing this announcement to make members aware of an important change to the law concerning pornography in the United Kingdom.

On 6 November 2026, new provisions under the Crime and Policing Act 2026 came into force in England and Wales, criminalising the possession and publication of certain categories of pornographic material.

What has changed?

Under the new legislation, it is a criminal offence to possess or publish pornographic images that explicitly and realistically depict:
  • Strangulation or suffocation

  • Penetrative sexual activity between people who a reasonable person would think are related, or pretending to be related, in a certain way. This includes depictions of close familial relatives such as father and daughter or brother and sister, and certain step and foster relationships where one person is, or is pretending to be, under 18

  • Sexual activity between at least 2 people where a reasonable person would think at least one person is, or is pretending to be, under 16
The legislation applies to realistic depictions of people who a reasonable person would believe to be real. This can also include realistic AI-generated imagery.

What does this mean for IFC members?

The law covers more than simply producing this material. Publication includes uploading, posting, sharing, distributing or otherwise making the material available to another person. This is particularly important for members who upload content to websites, forums or other online platforms.

Using a website hosted outside the UK does not automatically exempt someone from UK criminal law.

For example, someone physically in England or Wales who uploads prohibited material to a US-hosted website should not assume that the overseas location of the website protects them from potential criminal liability.

Existing Content

Please be aware that possession and publication can be continuing acts. If you already possess material covered by the new offences, you must permanently delete or otherwise dispose of it immediately. If you have uploaded or shared such material, you must remove it and stop making it available to others before that date.

This applies to both online and offline publication.

Potential penalties

The maximum penalties include:

- Possession of qualifying strangulation or suffocation pornography: up to 2 years' imprisonment.

- Publication of qualifying material: up to 5 years' imprisonment.

There are specific statutory defences and exceptions, and the precise circumstances of each case matter.

What members need to understand

Members should familiarise themselves with the legislation and ensure that they do not upload, distribute or retain material that falls within the new offences. Please do not assume that content is lawful simply because it is hosted on an American or other overseas website. This announcement is intended to raise awareness of the change in law and is not a substitute for independent legal advice.

Official Government information

The UK Government's guidance can be found here

The legislation itself can be read here

Please take the time to familiarise yourself with these changes. Please note: This announcement is not a change to our website policies or rules. It is intended solely to inform members of changes to UK law and highlight the potential legal implications for individuals affected by the new legislation.
 
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