06.11.2026
From 6 November 2026 the Crime and Police Act 2026 (CPA 2026) will make it a criminal offence to possess or publish certain pornographic images including those depicting strangulation, suffocation, incestuous relationships or underage individuals, including roleplay.
What is the driving force behind these changes?
These changes have been introduced as a wider strategy to reduce violence against women and girls. In 2025, Baroness Bertin published an independent review of pornography which made 32 recommendations including criminalising certain content to tackle harmful and misogynistic pornography, as well as, closing legislative gaps that allow the content to remain accessible. The government has adopted several of these recommendations by the introduction of the CPA 2026 in a bid to prevent pornography from normalising harmful and abusive behaviours.
What pornographic material is prohibited under the new legislation?
It is an offence to possess or publish pornographic images depicting:
- Strangulation;
- Suffocation;
- Sexual activity between relatives, including those pretending to be related; and
- Sexual activity involving someone under 16, including those pretending to be underage.
What is meant by possession?
Possession means having control or custody of the images. This includes keeping it on a phone or computer.
What is meant by publication?
Publication of an image means sharing or making the content available to another person by any means. This includes uploading, distributing or displaying an image.
Is it an offence to possess or publish AI generated images?
The CPA 2026 covers pornographic material featuring real people as well as images that a reasonable person would consider to show a real person. It therefore captures AI generated or altered images provided the reasonable person would consider it to show real people.
Does it apply to material already in existence prior to 6 November 2026?
Yes. Anyone in possession of, or continuing to publish, this material will be guilty of an offence regardless of when the material was obtained or made. Therefore, it is important to ensure that any material already in existence is deleted from devices and/or no longer being shared from 6 November 2026.
Are there any available defences if you are caught with images of this type?
It is a defence to prove that at the relevant time:
- You had a legitimate reason for being in possession of the image;
- You had not seen the image, and you did not know, nor had any cause to suspect, it to be an illegal image;
- You were sent the image without any prior request, and you did not keep it for an unreasonable time; and
- The image is of yourself, and the act did not involve the infliction of any non-consensual harm on any person. If published, the image was only shared with the other people who directly participated.
What are the sentences for this offence?
The sentence depends on the specific offence. The maximum sentences are as follows:
- Possessing images of strangulation, suffocation or involving relatives – 2 years’ imprisonment.
- Possessing images of a person who is, or pretends to be, under 16 – 3 years’ imprisonment.
- Publishing pornography showing the above offences – 5 years’ imprisonment.
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