The possession and distribution of certain categories of pornographic material have become criminal offences in England and Wales, with offenders facing prison sentences of up to five years under new legislation that took effect on Friday, November 6.
The restrictions, introduced through the Crime and Policing Act 2026, cover explicit and realistic pornographic images depicting strangulation or suffocation, penetrative sexual activity between certain family members and sexual activity involving people portrayed as under 16, Newsweek reported.
The law also covers realistic AI-generated images where the individuals depicted appear to be real. It does not prohibit pornography generally or all forms of adult sexual role-play.
Under the new provisions, anyone found possessing material depicting strangulation, suffocation or the specified incestuous activity could face up to two years in prison. Possession of material portraying sexual activity involving someone presented as under 16 attracts a maximum sentence of three years.
Publishing any of the prohibited categories carries a maximum penalty of five years’ imprisonment. Publication includes uploading, sharing, sending or otherwise making the images available to another person.
The British Ministry of Justice directed people holding material covered by the restrictions to permanently delete it before the commencement date. Individuals who had previously uploaded such content were also required to remove it from platforms where it remained accessible.
The government said the measures followed an independent review of pornography regulation led by Baroness Gabby Bertin, which examined concerns about violent sexual content and its potential influence on behaviour and relationships.
Justice Minister Alex Davies-Jones said the legislation was not intended to criminalise harmless sexual preferences but to address material that could normalise violence against women and harmful sexual behaviour.
However, the restrictions have attracted criticism from free-speech advocates, who have questioned the potential implications of the provisions and how broadly some of their terms could be interpreted.
Questions have particularly emerged over the definitions of strangulation and suffocation, which are not specifically defined in the legislation. The Ministry of Justice says their interpretation will depend on the circumstances of individual cases and ultimately be determined by the courts.
The new offences form part of wider British efforts to strengthen regulation of online pornography. Digital platforms are also subject to obligations under the Online Safety Act 2023 concerning the availability of illegal content.
The legislation applies to England and Wales, while Scotland and Northern Ireland have separate legal provisions governing certain categories of extreme pornographic material.
