The UK Government has announced proposed significant changes to pornography laws, specifically targeting the depiction of strangulation in pornographic content. This new legislation, which will be implemented through amendments to the Crime and Policing Bill, marks a crucial step in addressing the growing concerns about violent sexual imagery and its perceived impact on real-world behaviour.
Changes to pornography laws
The Government has announced that it intends to legislate that any pornography depicting any act of strangulation will be made illegal. This reflects a significant movement by the Government to further regulate the boundaries of what is illegal pornographic content. This comprehensive ban covers:
- Making/production: It will be illegal to create, film, or produce pornographic content that depicts strangulation
- Distribution: Sharing, selling, or distributing such content will be prohibited
- Possession: Viewing or possessing pornographic material showing strangulation will be criminalised
This means that both creating and watching strangulation pornography will become criminal offences under the new law. The ban builds on existing protections within the Obscene Publications Act 1959 and the Criminal Justice and Immigration Act 2008, but significantly extends the scope to specifically target this type of content.
The new law specifically targets pornographic material that shows strangulation during sexual acts, recognising the dangerous normalisation of this practice through online content.
Why is this law being introduced?
Whilst some may object to this move by the State to further restrict and intervene in what is legal adult pornographic material, the decision follows recommendations from the Independent Porn Review, conducted by Baroness Gabby Bertin. The review concluded that pornography has effectively established strangulation during sex as a ‘sexual norm’, creating the dangerous misconception that strangling a partner during sex is safe and normal and to be expected.
Medical experts are clear that there is no safe way to strangle a person and it carries with it inevitable risks. Even when it doesn’t result in death, strangulation can have adverse consequences and, for instance, can cause:
- Lasting physical damage
- Impaired memory and cognitive dysfunction
- Increased risk of future violence
- Long-term psychological harm
The widespread portrayal of strangulation in pornography is particularly concerning as it misleads viewers, especially younger audiences, into believing these acts are normal and harmless.
The link to violence against women and girls
This legislation is part of the Government’s broader commitment to halve violence against women and girls. Research has increasingly linked violent pornography to harmful sexual attitudes and behaviours, with strangulation being identified as a key contributor to the epidemic of violence against women and girls.
As Minister for Victims and tackling Violence Against Women and Girls, Alex Davies-Jones, stated: “Depicting strangulation during sex is not only dangerous, but also degrading, with real life consequences for women.”
The End Violence Against Women Coalition (EVAW) has welcomed the decision, noting that “there is no such thing as safe strangulation” and that women “cannot consent to the long-term harm it can cause.”
What are the existing pornography laws?
The UK already has comprehensive laws governing pornographic content. The new strangulation ban builds on existing legislation including:
- Obscene Publications Act 1959: Prohibits the publication of obscene material
- Criminal Justice and Immigration Act 2008: Criminalises the possession of extreme pornography, including depictions of life-threatening acts
- Extreme Pornography Laws: Already cover explicit material that is grossly offensive, disgusting or of an obscene nature, including sexual acts portraying realistic threats to a person’s life
The new amendment specifically addresses strangulation, which may not have been clearly covered under previous extreme pornography definitions.
What are the potential penalties?
While specific penalties for the proposed new ban on pornography depicting strangulation are yet to be detailed, existing pornography laws provide guidance on likely consequences. Generally, possession of illegal pornographic material can result in prison sentences of up to 5 years, while distribution can lead to sentences of up to 10 years.
The severity of penalties typically depends on:
- The nature and extent of the material
- Whether the offence involves production, distribution, or possession
- The defendant’s role and level of involvement
- Any aggravating or mitigating factors
What to do if you’re concerned about pornography law changes
If you have concerns about this new legislation or face allegations related to pornographic offences, it’s essential to seek expert legal advice immediately. The complexities of pornography law, particularly as it continues to evolve, require specialist knowledge and experience.
If you need expert legal advice on pornography laws or sexual offence allegations, contact our specialist team at Lawtons. We provide confidential, professional support to help you understand your rights and options in these complex legal matters.
