Extreme Pornography Law: The Regulation of Violent Pornography in England

Abstract

In the wake of the tragic death of Jane Longhurst who was strangled by her partner while having sex, a campaign against violent pornography was launched in England. As a consequence, the United Kingdom Parliament passed a law which is prescribed in Section 63 of the Criminal Justice and Immigration Act 2008 (also known as the “extreme pornography law”) to regulate violent pornography. In essence, the extreme pornography law criminalises the possession of pornographic material depicting sexually violence which falls within the scope of “extreme pornographic material”. Interestingly, the possession of extreme pornography for personal use is also outlawed. As a result, the United Kingdom** has become the first country in Europe and in the western world which prohibits the possession of adult pornography. The significant issue of this law is that its justification has shifted from morality-based to harm-based, as to protect the physical safety and lives of those participating in the production of violent pornography. This article aims to tell the story behind the passage of the “extreme pornography law” and provides an explanation of this complicate law. In addition, it critically analyses the law to point out its debatable strengths and weaknesses.