pandemos.net

This page provides information on the laws regarding pornography in the United Kingdom, with particular reference to the Obscene Publications Act (OPA) and the Criminal Justice and Immigration Act (CJIA), which criminalises the possession of 'extreme' pornography. Guidance is drawn from CPS guidelines, BBFC guidelines and official guidance notes published along with the CJIA bill as it passed through Parliament.

Note posted 29th June 2008:
Although CJIA is now law, the extreme pornography provision aren't now expected to be implemented until January 2009. While the law is on the statute book, the Ministry of Justice is in the process of drawing up guidelines for the Crown Prosecution Service and the general public, which will be published prior to the law actually taking effect.

IMPORTANT: This page does not constitute proper legal advice and in no way should be regarded as legal advice, nor should it be considered exhaustive and complete. It's merely our interpretation of the law. Whether or not you choose to agree with it is up to you, but we strongly recommend consulting a solicitor for a more learned opinion. Don't blame us if you get sent down for five years!

Notes:

1. For quick reference, we're using a traffic light system to indicate the legality of particular activities. Red indicates illegality, yellow requires caution and green is considered legal. However in all cases it's important to read the accompanying notes for additional clarification.

2. It would appear that the laws in this area are informed by two guiding principles, namely that consent is given by the participants in any image and that an assault cannot take place. Many activities relating to the physical activities that form part of BDSM are technically classed as assault in the UK and anything that leaves more than a 'transient and trifling' mark is legally regarded as assault. What constitutes 'transient and trifling' is open to debate, but judging by what gets passed by the BBFC for R18 DVDs it seems that reddening of the skin is OK, but purpling (which indicates restricted blood-flow) or breaking of the skin and drawing blood is not.

Under UK law, a person cannot consent to their own assault and images derived from those activities are liable to be held as obscene. The law also frowns upon images where a person cannot clearly withdraw their consent, the reasoning being that if, say, a person is bound and gagged, how can they signal that they are in distress?

3. The information provided relates to both still and moving images, i.e. photos and videos. We'll just use the term 'images' as a catch-all. Note that the ban on possession of extreme pornography DOES NOT apply to drawings, illustrations, paintings, computer-generated imagery etc, only to photographs, film/video and stills from same.

4. In respect of the OPA, it's where you are based that's important, not where your website is hosted. If your site is uploaded from anywhere in the UK, then you're subject to the OPA. Don't forget this also includes videos and pictures posted to other sites, such as Clips4sale, YouTube etc. If you knowlingly pass your images to someone outside the UK for publishing, you are still considered to have published the images yourself.

5. The possession offence relates to possession in England, Wales and Northern Ireland, but NOT Scotland.. Overseas visitors to these countries are advised that if they bring a laptop with them they should consider the images they have on that laptop and make sure that any images that might contravene the possession law are removed prior to arrival.

6. OPA breaches relate to specific images or videos without reference to context. However, context is an issue with the CJIA. Breaches can be infered by reference to a series of images, even if none of the images themselves show a clear cut breach.

7. This information only relates to pornography, i.e. material primarily created or presented for the purposes of causing sexual arousal.

8. We recommend visiting a local sex shop and picking up a selection of R18 certificate BDSM DVDs as these will give you a clearer idea of the kind of material that's allowed to be published (and by extension, possessed). Putting aside the information on this page, the restrictions are less onerous than you might imagine.

9. If you have any feedback on this page, information that could improve it or require additional information, please email the webslave at mail@pandemos.net

Activity	Publication	Possession
IMPORTANT CAVEAT! The possession guidelines only apply to images where the acts in question appear realistic. Very clearly staged images are legal, but if in any doubt at all, you should err on the side of caution.
ANAL PENETRATION Images showing anal penetration are legal provided the object used is meant for the purpose, such as a sex toy specifically designed for anal use. Penetration with fingers is also generally legal, but any more than two is risky.	yellow	yellow
ANAL SEX Anal sex images are legal under all normal circumstances.	green	green
BALLKICKING / BALLBUSTING Publication or possession of images depicting ballkicking and / or ballbusting is generally illegal in all circumstances. However, light knocks may be excused.	red	red
BASTINADO It is legal to possess images depicting bastinado. It is also legal to publish them but ony to the extent that they might show the subject in discomfort, rather than in pain.	yellow	green
BEASTIALITY Images featuring sexual situation with animals are illegal under all circumstances. Did you really need to be told this? ;)	red	red
BONDAGE For the purposes of this article, we'll interpret the term bondage as meaning simply 'tying up'. Possession and publication is usually legal, however images which depict bondage as restricting breathing or blood flow are illegal. It is illegal to publish images where the subject is also gagged or otherwise unable to communicate.	yellow	yellow
BRANDING It is illegal to publish images of a person being branded. It is legal to possess such images, unless the branding is on breasts or genitals.	red	yellow
BREAST 'TORTURE' It is illegal to publish or possess images that depict any act in which the skin of the breasts or nipples is pierced, blood is drawn or in which blood flow is restricted. Also illegal would be images depicting bondage in which the breasts bear weight.	yellow	yellow
BREATH PLAY / ASPHYXIATION Images featuring breath play should be considered illegal under all circumstances.	red	red
BURNING It is illegal to publish images of a person being burned. It is legal to possess such images, unless the burning is on the breasts, anus or genitals.	red	yellow
CANDLES / HOT WAX It is certainly illegal to publish and / or possess images that show hot wax being dripped onto breasts, the genitals or anus. However it's unclear about other areas of the body. If a burn is caused then publishing the image (but not possessing it) would be illegal, but by it's very nature it's not always possible to determine whether or not there is a burn until the wax is removed. It may be prudent to assume illegality.	yellow	yellow
CANING Images showing caning are legal provided the skin isn't broken and no blood is drawn.	yellow	yellow
COCK AND BALL 'TORTURE' It is illegal to publish or possess images that depict any act in which the skin of the genitals is pierced, blood is drawn or in which blood flow is restricted. Also illegal would be images depicting insertion of objects not designed for the purpose, use of weights and other practices which place unnatural strain on the genitals and use the use of electrics.	yellow	yellow
CONSENT ISSUES It is illegal to publish any image where a participant in the image is seen to withdraw consent, consent under duress or have their withdrawl of consent ignored. Possession is legal unless the participant is threatened with a weapon or depicted in a life-threatening situation.	red	yellow
CRUSHING Images featuring people being crushed - for example, under boots - are generally legal but it is illegal to publish or possess images featuring crushing of the genitals.	yellow	yellow
CUTTING / SCARRING It is illegal to publish images involving cutting. It is legal to possess such images, unless the cutting is on breasts, genitals or anus.	red	yellow
DRUG TAKING It is illegal to publish any images which show drug taking in a sexual context. As drug-taking can be construed as life threatening, it's also prudent to assume that possession of the images is also illegal.	red	red
ELECTRICS It is illegal to publish or possess images featuring or threatening electrocution, but it is legal to publish or possess images featuring the mild use of a violet wand.	yellow	yellow
FACESITTING Possession is legal. Publication is legal provided the person being sat on doesn't have their hands restrained.	yellow	green
FACESLAPPING It is legal to publish and possess images of faceslapping.	green	green
FISTING Images featuring fisting should be considered illegal under all circumstances. Use of one or two fingers is however likely to be regarded as legal.	red	red
FOOT / BOOT / SHOE WORSHIP Images of foot, boot and shoe worship are legal.	green	green
FORCED (BI)SEXUALITY It is illegal to publish any image where someone is forced or compelled into a sexual act against their consent. Possession of such images is legal unless the person is threatened with a weapon.	red	yellow
GAGGING (USE OF GAGS) It's legal to publish an image of someone wearing a gag, however that person must be able to remove or spit out the gag at any time, so they cannot be tied up or restrained in any way that would prevent them from removing the gag. Possession is legal.	yellow	green
GUN PLAY Images featuring guns are illegal when the gun is used as a threatening weapon in a sexual context. Images of models simply striking poses with guns are legal. There may be legal considerations regarding the possession of replica firearms, however these are outside the scope of this article.	yellow	yellow
HAIR PULLING It is legal to publish hair pulling images unless hair is removed. Possession is legal.	yellow	green
HANGING Images featuring hanging are illegal under all circumstances.	red	red
HUMILIATION (PHYSICAL) Images depicting physical humiliation are generally legal.	green	green
HUMILIATION (VERBAL) Images depicting verbal humiliation are generally legal, though caution is advised when publishing those that show racial humiliation as they may contravene law outside the scope of this article. Possession is legal.	yellow	green
INCEST Publication of images depicting incest, whether real or simulated, are illegal. Possession is not.	red	green
KNIFE PLAY Images featuring knives should be considered illegal in any sexual context, however knives can appear as incidental props, such as when being used to cut rope, for example.	red	red
MUMMIFICATION Images featuring mummification are legal as long as the subject isn't prevented from breathing at any point.	yellow	yellow
NECROPHILIA Images featuring the depiction of necrophilia are illegal under all circumstances.	red	red
NEEDLE PLAY It is illegal to publish images of needle play. It is legal to possess such images unless the needles are inserted into breasts, nipples, genitals or anus.	red	yellow
NIPPLE 'TORTURE' Please see the guidance relating to breast 'torture'.	yellow	yellow
OBJECTIFICATION Images of objectification are legal to possess and publish.	green	green
PADDLING Depictions of paddling are generally considered legal.	green	green
PONYPLAY Possession of ponyplay images is legal. Publication is legal provided the 'pony' can remove their bit or if the bit still allows them to verbally communicate.	yellow	green
PUNCHING It is illegal to publish images featuring punching. Possession is legal unless there are punches to the breasts or genitals.	red	yellow
RAPE Publication of rape images, whether simulated or not, is illegal without exception. As rape can be construed as a life threatening situation, it's also prudent to assume that possession of the images is also illegal.	red	red
RED SHOWERS It is illegal to publish images of red showers, but possession is legal.	red	green
ROMAN SHOWERS It is illegal to publish images featuring roman showers, however possession is legal.	red	green
ROPE BONDAGE For the purposes of this article, we'll interpret the term bondage as meaning simply 'tying up'. Possession of these images is legal. Publication is usually legal, however images which depict bondage as restricting breathing or blood flow are illegal, as are images where the subject is also gagged or otherwise unable to communicate.	yellow	green
SCAT Publication of images involving scat is illegal. Posssession may be illegal if the images depict ingestation of fecal matter.	red	yellow
SMOKING There is no legal restriction on the publication or possession of images featuring smoking, however the ban on smoking in public places (which also includes private dwellings in this context) means it is now illegal to produce such images in the UK unless doing so outdoors.	green	green
SMOTHERING Possession is legal. Publication is legal provided the person being smothered doesn't have their hands restrained.	yellow	green
SPANKING It is legal to publish and possess spanking images.	green	green
SPITTING It is legal to publish and possess images of spitting.	green	green
STRAPON SEX / DILDO PLAY Publication and possession of images depicting sex with strapons is legal.	green	green
SUFFOCATION Images featuring suffocation are illegal under all circumstances.	red	red
SUSPENSION Publication of suspension images is legal, however no weight should be borne by the breasts or genitals, nor should the subject be gagged. Possession is legal.	yellow	green
SUTURING It is illegal to publish images of suturing. It is legal to possess such images unless the sutures are applied to breasts, nipples, genitals or anus.	red	yellow
TEENAGE MODELS It is illegal to publish and possess all images of people under the age of 18 in a sexual context. While this may sound blatantly obvious, there was until 2003 an anomaly in English law which allowed for 16 and 17 year olds to appear in adult material. For example, the glamour model Linsey Dawn McKenzie first appeared topless in the Daily Sport newspaper on her 16th birthday. This anomaly has now been removed.	red	red
THREATS TO LIFE / PERIL All images that depict life threatening acts are illegal in all circumstances.	red	red
'TORTURE' WITH IMPLEMENTS Images of 'torture' with implements is generally legal provided the skin isn't broken and no blood is drawn. However, any pain inflicted beyond a wince is likely to render the images illegal. Caution is advised with all such images.	yellow	yellow
TRAMPLING Possession of trampling images is legal. Publication is also legal, however images depicting stamping should be considered illegal.	yellow	green
URINATION / WATERSPORTS Publication of images featuring a person urinating are legal, but it's illegal to publish images of a person urinating onto another person and it's illegal to publish images of someone drinking urine. Possession of images regarding urination is generally legal.	yellow	green
VAGINAL PENETRATION Images showing vaginal penetration are legal provided the object used is meant for the purpose, such as a sex toy specifically designed for vaginal use. Penetration with fingers is also generally legal, but any more than two is risky.	yellow	yellow
VAMPIRISM It is illegal to publish images of vampirism. Possession is legal unless the images depict biting of the neck, breasts or genitals.	red	yellow
WHIPPING Images showing whipping are legal provided the skin isn't broken and no blood is drawn.	yellow	yellow
WRESTLING Generally legal, though holds which restrict bloodflow or breathing and holds to the genitals would render possession or publication of the images illegal.	yellow	yellow

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