Starting November 6, simply storing certain pornographic images on your phone—yes, even in a WhatsApp group—can be a crime in England and Wales.
Story Snapshot
- From November 6, new offences criminalize possession and publication of specified pornographic images in England and Wales.
- The law targets three categories: realistic strangulation or suffocation, sexual activity between apparent relatives, and sexual activity where someone appears under 16 or is pretending to be under 16.
- Realistic artificial intelligence images are included if a reasonable person would think the people shown are real.
- Maximum penalties range up to three years in prison, depending on the category.
What the New Law Covers and When It Starts
Government guidance says the offences take effect on November 6, 2026, across England and Wales. The measure criminalizes both possession and publication of specific pornographic images. Officials list three categories: explicit, realistic strangulation or suffocation; certain sexual activity between people who appear to be relatives; and sexual activity where a person appears under 16 or is pretending to be under 16. The rules come from the Crime and Policing Act 2026 framework and updated pornography guidance.
Section 106 of the Crime and Policing Act 2026 sets a “reasonable person” test for realism and apparent reality. It states that an offence occurs if a reasonable viewer would think the depicted people are real. For the age-related offence, the law says sound or other information linked to the image can be considered. This language aims to cover highly realistic media, while grounding decisions in an objective legal standard.
How Artificial Intelligence Images and Group Chats Are Affected
Government factsheets say realistic artificial intelligence images fall within scope if they meet the tests and appear to show real people. This means a photo-real synthetic image that looks like two actual people could count, even if no such event happened. News coverage has warned that sharing or holding these images in apps or chats could trigger liability. The rule targets possession and publication, not a specific app, so storage on phones or cloud services can matter.
Officials emphasize that the law focuses on images that are explicit and realistic. It does not ban all depictions of rough content, role-play, or taboo themes. It reaches only material that meets the detailed statutory elements. That includes whether people look real, whether a reasonable viewer would think a participant is under 16, and whether the image portrays strangulation or suffocation in an explicit and realistic way. These guardrails define what is illegal and what is not.
Penalties, Enforcement Questions, and Practical Risks
The maximum penalty for possessing or publishing images depicting strangulation or suffocation, or specified sexual activity between apparent relatives, is up to two years in prison. The maximum for images involving someone who appears to be or is pretending to be under 16 is up to three years. Media summaries highlight these ceilings, but they do not predict typical sentences. Sentencing will depend on case facts and charging decisions in court.
Has the UK Government banned face sitting and fellatio in porn?
I'm quoted in @WIRED about the implications of the possession and suffocation offences commencing across the UK tomorrow.
“I would encourage both content creators and consumers to underscore the risks of this law,”… pic.twitter.com/HaVpby0muW
— Myles Jackman – Obscenity Lawyer (@MylesJackman) November 5, 2026
Digital storage makes possession complicated in daily life. Guidance outlines what conduct is prohibited, but public-facing sources do not fully explain how investigators will treat cached files, auto-downloads, or shared cloud folders. Reporting notes that content in group chats or backups could be in scope if it meets the tests. Users who auto-save media may carry legal risk if prohibited images land on their device and stay there, even without active intent to keep them.
Why This Matters Across the Political Spectrum
Supporters say the rules aim to reduce content that normalizes dangerous acts and sexual exploitation. The change builds on earlier laws that already banned extreme images but now close gaps for strangulation and apparent-age content. Critics across civil liberties circles may worry about possession-based crimes, the “reasonable person” standard, and the edge cases around synthetic media. The official material sets the boundaries, but it does not offer full enforcement data or outcomes yet.
How to Stay on the Right Side of the Law
People should turn off auto-save of media from chats, review cloud backups, and delete any images that could meet the explicit and realistic tests. Creators and platform moderators should check content against the three categories, including whether participants look related or under 16. If there is doubt about realism or apparent age, do not store or share it. The law applies to possession and publication, so both your device and your posts can create exposure.
Sources:
mirror.co.uk, gov.uk, legislation.gov.uk, ibtimes.co.uk, walesonline.co.uk
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