The United Kingdom has criminalised the possession and publication of pornographic images depicting sexual strangulation, incest and sexual activity involving people portrayed as under the age of 16, with offenders facing up to five years in prison for publishing such material.
The new offences, which took effect on Friday, November 6, under the Crime and Policing Act 2026, also make possession of the specified pornographic material punishable by up to two or three years’ imprisonment, depending on the nature of the content.
The provisions were introduced through sections 104, 106 and 107 of the Act, which amended the Criminal Justice and Immigration Act 2008 to criminalise the possession and publication of particularly harmful pornographic images.
According to a circular issued by the Ministry of Justice’s Criminal Law Policy Unit on Friday, the new offences target images depicting strangulation or suffocation, penetrative sexual activity between certain family members, and sexual activity involving a person who is, or is pretending to be, under 16.
The circular explained that the measures followed concerns raised in Baroness Bertin’s Independent Pornography Review, published in February 2025, which identified forms of pornography that could influence behaviour and attitudes towards sexual relationships.
It stated, “The Government recognises that pornography depicting strangulation is rife online and evidence suggests strangulation in sex is becoming more commonplace in real life – particularly among young people who may be unaware of the serious harm it can cause.”
On pornography depicting incest, the circular said, “We also know that there are concerns that the proliferation of incest-themed pornography can contribute to harmful attitudes, particularly where it risks normalising child sexual abuse which is extremely harmful, and the Government agrees that pornography that mimics child sexual abuse and risks normalising it must be tackled.”
It added, “Recognising the harms that some forms of pornography can have in shaping behaviours offline, we are criminalising the possession and publication of particularly egregious content.”
Under section 104 of the Act, it is an offence to possess or publish a pornographic image which portrays, in an explicit and realistic way, a person strangling or suffocating another person, where a reasonable person looking at the image would think that the people depicted were real.
Section 106 criminalises the possession and publication of pornographic images depicting explicit and realistic penetrative sexual activity between people who appear to be related or are pretending to be related.
The specified relationships include parents, grandparents, children, grandchildren, brothers, sisters, half-brothers, half-sisters, uncles, aunts, nephews and nieces.
The provision also covers certain step and foster family relationships where at least one of the persons involved is, or is pretending to be, under 18.
Section 107 targets pornographic images depicting explicit and realistic sexual activity involving a person who is, or is pretending to be, under the age of 16.
The circular clarified that the offences only apply to pornographic material depicting people who appear to be real.
It stated that, in determining whether an image falls within the prohibited categories, a reasonable person’s assessment would be considered, including any sound or information associated with the image.
On the penalties, the Ministry of Justice said the maximum punishment for possessing pornography depicting strangulation or suffocation, or penetrative sexual activity between specified family members, was two years’ imprisonment.
Possession of pornography depicting sexual activity involving someone who is, or is pretending to be, under 16 attracts a maximum three-year prison term.
However, publication of any of the three categories of prohibited material carries a maximum sentence of five years’ imprisonment.
The circular also outlined defences available under the new provisions.
It said a person could have a defence if they had not previously seen the image and did not know, or have cause to suspect, that it was covered by the offences.
Another defence applies where a person is sent an image without requesting it, either directly or through a third party, and does not retain it for an unreasonable period.
The legislation also provides a defence where the person possessing or publishing the image has a legitimate reason for doing so.
The new offences have also been designated priority offences under the Online Safety Act 2023, requiring regulated online platforms to take proactive measures against the spread of the prohibited material.
According to the circular, this means platforms will be required to conduct relevant risk assessments and establish proportionate systems and processes to prevent users in the UK from encountering the illegal content.
The Office of Communications (Ofcom) is responsible for monitoring and enforcing compliance with the online safety framework.
The government said the measures formed part of its wider efforts to tackle violence against women and girls, with an ambition to halve such violence within a decade.