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Obscene Content

Question: What obscene content is considered illegal under UK law?
 
Answer: The Obscene Publications Act 1959 and 1964 relates to the publication, distribution, showing, giving and possession of 'obscene' articles for gain. Obscenity is a difficult test to apply. For the purposes of these Acts an article shall be deemed to be obscene if its effect or (where the article comprises two or more distinct items) the effect of any one of its items is, if taken as a whole, such as to tend to deprave and corrupt persons who are likely, having regard to all relevant circumstances, to read, see or hear the matter contained or embodied in it.
 
It is not an offence to merely possess obscene articles under this legislation.
 
Assuming the 'gain' was apparent, then as a guide, obscene articles would include images featuring sexual acts such as bestiality, non-consensual sex or torture.
 
Question: I have been exposed to adult content on the Internet that may be criminally obscene under UK law, what should I do?
 
Answer: Report it to the IWF.
 
Question: What happens if the content is deemed criminally obscene and is hosted in the UK:
 
Answer: The IWF and police will work with the hosting service provider to have the content removed as soon as possible. The police may seek to bring criminal charges against the person responsible for the content.
 
Question: What happens if the content is deemed criminally obscene under UK law but not hosted in the UK:
 
Answer: The IWF cannot act under these circumstances but you may wish to contact the hosting ISP and lodge a complaint under their Acceptable Use Policy.  If the content infringes their policies they might consider removing it. If you do not know who the hosting ISP is you may be able to ask your ISP for assistance in identifying them.
 
Question: What if the content has not been assessed as potentially illegal in the UK:
 
Answer: Whilst the Police and IWF cannot act under these circumstances, you may wish to contact the hosting ISP and lodge a complaint under their Acceptable Use Policy.  If the content infringes their policies they might consider removing it.  If you do not know who the hosting ISP is you may be able to ask your ISP for assistance in identifying them.
 

Page Created: Thu, October 14th, 2004
Page Modified: Mon, September 25th, 2006

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