New pornography offences come into force: what do the changes mean?

From 6 November 2026, significant new criminal offences relating to pornography will come into force in England and Wales. Under provisions introduced by the Crime and Policing Act 2026, it will become a criminal offence to possess or publish pornographic material depicting strangulation or suffocation, certain incestuous sexual activity, and adults role-playing as children. 

Why has the law changed?

The government has stated that certain forms of pornography can contribute to the normalisation of harmful or illegal behaviour. Particular concerns have been raised about the widespread availability of material depicting strangulation and suffocation, as well as content portraying incestuous relationships and adults role-playing as children. 

Announcing the changes, Justice Minister Alex Davies-Jones said the reforms are not intended to criminalise private sexual preferences, but rather to tackle content that may encourage, normalise or glorify violence and harmful behaviour. 

Supporters of the reforms say that they are an important step towards addressing violence against women and girls and preventing the normalisation of conduct that would be unlawful or harmful in real life. 

What will become illegal?

Pornography depicting strangulation or suffocation

From 6 November 2026, it will be an offence to possess or publish pornographic images that explicitly and realistically depict one person strangling or suffocating another. The legislation applies where a reasonable person viewing the image would consider the individuals portrayed to be real people. This can include realistic AI-generated content. 

This represents a notable expansion of existing criminal law. While non-fatal strangulation is already a criminal offence in certain circumstances, there has not previously been a specific offence criminalising the possession of pornography depicting such conduct. 

Pornography depicting incest

The reforms also criminalise the possession and publication of pornography depicting penetrative sexual activity between people who appear to be related, or who are pretending to be related. This includes depictions involving close family relationships, such as parent and child or siblings, as well as certain step-family and foster-family scenarios. 

Sexual activity between certain close relatives has long been prohibited by criminal law. The change concerns the possession and distribution of pornographic material portraying such activity or role-play involving such relationships. 

The government's stated aim is to prevent the dissemination of material that may normalise conduct which would be unlawful or harmful in real life. 

Adults role-playing as children

A third category of prohibited material concerns pornography depicting adults who are, or appear to be, under the age of 16. The legislation captures material where a reasonable person would conclude that at least one participant is portrayed as a child. 

The government considers such material capable of normalising child sexual abuse and has therefore brought it within the scope of these new offences. 

What are the penalties?

The maximum penalty for possessing pornography depicting strangulation, suffocation or prohibited incest scenarios is two years' imprisonment. Possessing pornography depicting adults role-playing as children can attract a maximum sentence of three years' imprisonment.

Publishing any of the prohibited material carries a maximum sentence of five years' imprisonment. Publishing can include uploading, posting or otherwise making material available online. 

The government has also made clear that "possession" can extend to content stored on mobile phones, computers, cloud storage accounts and other digital devices. 

What does this mean in practice?

These reforms represent a significant expansion of the criminal law in relation to online pornography.

Historically, criminal liability has often focused on indecent images of children or material meeting the statutory definition of extreme pornography. From November 2026, individuals may commit criminal offences by possessing or sharing content falling within these newly prohibited categories, even where all individuals depicted are adults. 

As with many internet-related offences, individuals may not always appreciate that material stored on mobile phones, laptops, messaging applications or cloud accounts can amount to possession for the purposes of criminal law. Given the potential penalties involved, anybody who becomes aware that they are under investigation should seek specialist legal advice at the earliest opportunity. 

A defence lawyer's perspective

Having acted for individuals facing investigation and prosecution for a broad range of criminal offences, one theme emerges repeatedly: technology often develops far more quickly than the law.

Over recent years, criminal investigations involving digital devices have become increasingly common. Mobile phones, computers and cloud-based storage routinely form part of police enquiries, and many individuals are surprised by the breadth of material that can be recovered and scrutinised during an investigation.

From a defence perspective, these new offences are likely to create fresh challenges. There will inevitably be cases where individuals were unaware that material in their possession had become unlawful following changes in legislation, particularly where images have been downloaded, shared automatically through messaging platforms or stored for lengthy periods of time on devices and cloud accounts. 

The new offences also demonstrate an increasing willingness on the part of Parliament to criminalise material not because it records criminal conduct itself but because of concerns about the potential social impact of the content and what it may be seen to normalise. Whether these measures ultimately achieve their intended aim remains to be seen but there is little doubt that they represent a significant expansion of criminal liability in the online sphere. 

From 6 November 2026, the legal landscape will change considerably. Material that was previously lawful to possess may now expose individuals to serious criminal liability. Those who access, share or store pornography online should ensure they understand the changes and the potential consequences of falling foul of the new law. 

In my experience as a criminal defence solicitor, many investigations do not arise because somebody deliberately set out to commit an offence. Rather, people often fail to appreciate that conduct carried out online, or material retained on a device, may expose them to criminal liability.

The introduction of these offences reinforces the importance of public awareness. Many people understand that creating or distributing unlawful material can be criminal. Far fewer appreciate that possession alone can, in some circumstances, amount to an offence carrying a custodial sentence. 

Whatever view one takes of the policy objectives behind these reforms, they reflect an increasing focus on the relationship between online content and real-world harm. As these offences come into force, it will be important not only that the law is enforced fairly and proportionately, but also that members of the public understand precisely where the boundaries of criminal liability now lie.