The Government has announced new criminal offences under the Crime and Policing Act 2026 that will make it illegal in England and Wales to possess or publish certain types of pornographic content from 6 November 2026.
Online services publishing pornography will now need to moderate for broader themes of prohibited adult content. The legislation criminalises pornography that realistically depicts strangulation or suffocation (choking), incestuous sexual activity (incest porn), and sexual activity involving a person who is pretending to be under the age of 16 (age-play). Possession of this material can result in imprisonment of up to three years, while publication offences carry a maximum sentence of five years.
Normalised Harmful Material
Rather than focusing solely on whether content is legal or illegal at the point of production, the new offences recognise concerns about the role certain forms of pornography may play in normalising harmful, abusive or exploitative behaviour.
According to Government guidance, the offences are intended to address pornography that risks normalising conduct that is harmful or illegal in real life, including behaviour associated with sexual violence and child sexual abuse.
Research also shows that consumption of certain types of extreme pornography can escalate to other harmful online behaviour, such as consumption of CSAM and sexual violence.
How Will Legislation Be Enforced?
While the new offences are undoubtedly a positive step, we recognise that legislation alone will not remove harmful content from the internet. The key question remains around how these offences will be enforced in practice and how platforms will honour the important role they have to play in the prevention and removal of online harms. Questions remain around the mechanisms that will underpin the new law’s effectiveness and how these new amends fit into the already established Online Safety Act:
- Will platforms ensure their reporting options for users cover these new additions?
- Will platforms need to update their moderation systems around reported material?
- How quickly will content be taken down once it is identified?
Harmful online content rarely exists in one place meaning material can be copied, downloaded, re-uploaded and distributed across multiple platforms within seconds. Without clear, and enforceable processes for detection and removal, harmful content may remain accessible despite the introduction of new offences.
Hayley Laskey Senior Practitioner for Report Harmful Content
‘’We welcome the introduction of these new offences as a significant step towards tackling some of the most harmful forms of online pornographic content. However, the long-term impact of these changes will depend not simply on the law itself, but on the systems that sit behind it. The legislation establishes what is now illegal. The next challenge is ensuring there are clear and effective processes to identify, report and remove this material wherever it appears online. Only then will we know whether these new offences can deliver the meaningful reduction in harmful content that we hope to see.’'
