UK criminalises possession of porn depicting strangulation and incest

Overview

Updated Yesterday

On 6 November, a person in England and Wales can be prosecuted for keeping a pornographic image on a phone or in cloud storage, even if they never share it. The image only has to depict strangulation, incest, or an adult pretending to be under 16.

The Crime and Policing Act 2026 creates possession and publication offences for those three categories. Possession carries up to two years for strangulation or incest material and up to three years for under-16 role-play; publication carries up to five years. The law includes defences for people who did not know they had the image or who received it unsolicited.

Why it matters

The law makes private possession a crime and pushes platforms to remove content, testing how far UK obscenity law reaches into bedrooms and feeds.

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Key Indicators

5 years

Maximum publication sentence

Maximum prison sentence for publishing any covered image.

3 years

Maximum possession sentence for under-16 role-play

Maximum sentence for possessing material showing someone who is, or pretends to be, under 16.

2 years

Maximum possession sentence for strangulation or incest

Maximum sentence for possessing strangulation, suffocation, or certain familial material.

£18M

Maximum platform fine

Maximum fine for platforms that fail Online Safety Act duties.

10%

Platform revenue fine share

Share of qualifying worldwide revenue Ofcom can fine platforms.

Banned porn categories

Number of porn categories covered by the new offences.

Voices

Curated perspectives — historical figures and your fellow readers.

People Involved

Baroness Gabby Bertin

Conservative peer; led the Independent Pornography Review

Review published February 2025; recommendations adopted in the Crime and Policing Act 2026

Organizations Involved

Ministry of Justice (Thailand)

Government ministry

Published guidance and factsheet for the new offences

The UK government department responsible for courts, prisons, and criminal law in England and Wales.

Ofcom

Telecoms regulator

Enforces Online Safety Act duties; new offences are priority offences

The UK communications regulator responsible for enforcing online safety duties.

Timeline

February 2025 November 2026

5 events Latest: Yesterday

Tap a bar to jump to that date

November 2026
Offences come into force
Latest Legal

The offences come into force in England and Wales. Possession and publication of the covered material can now be prosecuted.
Yesterday
Deletion deadline arrives
Deadline

The guidance's deletion deadline arrives. Anyone holding covered images must permanently delete them before the offences start.
2 days ago
October 2026
Ministry of Justice publishes guidance
Guidance

The Ministry of Justice publishes guidance on the new offences. It sets out penalties, defences, and a deletion deadline.
October 16th, 2026
April 2026
Crime and Policing Act 2026 becomes law
Legislation

The Act becomes law. Amendments add possession and publication offences for the three categories.
April 2026
February 2025
Independent Pornography Review published
Review

Baroness Bertin's review is published. It finds strangulation in porn is widespread and recommends criminalising certain content.
February 27th, 2025

Scenarios

Ofcom opens formal investigation into a major platform over banned porn

Possible Resolves by Q2 2027

Discussed by: Ofcom enforcement policy and the government's pornography factsheet

The Online Safety Act 2023 makes the new offences priority offences. Ofcom can fine platforms up to £18 million or 10% of qualifying worldwide revenue. A formal investigation would test whether platforms' risk assessments and detection systems meet the new duties.

First prosecution for possession reaches court

Possible Resolves by End of 2027

Discussed by: Criminal law practitioners and the Ministry of Justice guidance

Police and prosecutors would need to bring the first possession case. The offence covers images on devices and cloud accounts, so cases could arise from unrelated investigations. A charge would show how broadly police apply the law.

Legal challenge filed over suffocation definition

Uncertain Resolves by Q2 2027

Discussed by: The Independent and WIRED, citing concerns from sex and relationship experts

Groups concerned about the scope of “suffocation” have said the wording could capture oral sex or breath play. A judicial review would ask the High Court to narrow the definition. The claim would need a named claimant and a filed case.

Historical Context

3 moments from history that rhyme with this story — and how they unfolded.

2022

Non-fatal strangulation offence (2022)

The Domestic Abuse Act 2021 created a standalone offence of non-fatal strangulation in England and Wales. It took effect in 2022 and criminalised the act when consent is absent.

Then

Prosecutors could charge strangulation without proving serious injury.

Now

The new porn offences extend the same concern to depictions, even where the act is consensual.

Why this matters now

The law already treated the act as harmful; the 2026 offences target images of it.

2023

Online Safety Act 2023

The Online Safety Act 2023 gave Ofcom powers to fine platforms for failing to tackle priority illegal content. Fines can reach £18 million or 10% of qualifying worldwide revenue.

Then

Ofcom began enforcing illegal-content duties.

Now

The new porn offences are listed as priority offences, extending the regime to strangulation and incest porn.

Why this matters now

The 2026 law relies on the platform enforcement system created in 2023.

February 2025

Independent Pornography Review (2025)

Baroness Bertin's review examined pornography's role in shaping behaviour. It found strangulation in porn was widespread and recommended criminalising possession and publication of certain content.

Then

The government adopted the recommendations in the Crime and Policing Act 2026.

Now

The review linked porn to real-world harm and set the categories now banned.

Why this matters now

The review is the direct origin of the three categories criminalised in 2026.