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The evidential question will be whether that individual accessed or requested the original image deliberately."In general, prosecutors treat these cases on individual bases.
This may sound flippant, but there's no hard and fast definition for these issues, and they're likely to differ from case to case.
The Obscene Publications Act is applicable in England and Wales, but its jurisdiction comes with a litany of statutory exemptions in Scotland and Northern Ireland, thanks to the differing obscenity laws in constituent countries.
That last list is really no more extreme than anything you'd find in a licensed sex shop, and adults can view this material online by actively opting-in to adult content with their ISP.
Myles Jackman:'An individual is still in technical possession of an image if it has been cached by a browser'The legal definition of "possession" on the internet may seem unintuitive.
It covers a huge range of illegal activity including financial scams, computer hacking, downloading pornographic images from the internet, virus attacks, online stalking (or cyberbullying of young people) and creating websites that promote racial hatred.
So how you get charged, what you get charged with, and what is chargeable will depend on where in the UK you live. Hide in a cupboard, think pure thoughts and, if you must buy lingerie, do it in a shop. e Crime, or Cybercrime, is one of the fastest-growing criminal activities of recent years.Possession is basically the act of viewing something online, and the difference between actively downloading a video and passively clicking an ad on a legal site that takes you to illegal content is still a grey area.As Myles Jackman, a specialist in obscenity law at Hodge Jones and Allen and @Obscenity Lawyer on Twitter, puts it:"An individual is still in technical possession of an image if it has been cached by a browser.Does role-play count as a "realistic portrayal of rape" even if the acting is awful?Do paper-cuts qualify as 'trifling infliction of injury'?