1. To steal from Sam Cooke, it’s been a long time coming but from the 6th of November 2026 it will be an offence to publish or possess pornographic images that explicitly and realistically depict strangulation or suffocation, penetrative sexual activity between those a reasonable person would think are related and sexual activity between at least 2 people where a reasonable person would think at least one person is, or is pretending to be, under 16.
2. The offences only apply to pornography involving people who are or who appear to a reasonable person to be real.
3. The maximum penalty for possession of pornography depicting strangulation suffocation or incest is 2 years imprisonment and 3 years for pornography depicting sexual activity with someone who is or appears to be under 16. In respect of publication, the maximum penalty for each offence is 5 years imprisonment.
4. It is a defence to either possessing or publishing the image if the person is able to demonstrate they had not seen the image and did not know or have cause to suspect it was such an image or they were sent the image (without requesting it) and having received it, did not keep it for an unreasonable time. Additionally, if they directly participated in the act depicted a defence may be available to them, if other criteria are met. There is also a legitimate purpose defence.
5. Possession is not defined within the Act and will be a question for the jury but the usual test, whether they had custody or control of the image, such as having it stored on a device will amount to possession.
6. Publication is defined and includes giving or making the image available to another by any means, so uploading, posting or sending such an image would amount to publishing the image.
7. The change comes following the review into pornography conducted by the Conservative peer Gabby Betin which reported in 2025. Her review found that pornography depicting women being choked can have “devastating” real world consequences. It also highlighted “disturbing” role-play which included incest and adults portraying children. The review found that that there had been a “total absence of government scrutiny” of the pornographic industry.
8. The aim of the legislation isn’t to criminalise sexual behaviour between consenting adults but to change the landscape for teenagers who have grown up thinking that choking and suffocation is a normal part of sexual activity. Much of the pornography glorifies and normalises violence against women and by making the publication of such pornography an offence, the Government is sending a strong message to the companies that host and facilitate it.
