EXTREME PORNOGRAPHIC IMAGES REGULATIONS

EXTREME PORNOGRAPHIC IMAGES

SUBSIDIARY LEGISLATION 9.05

EXTREME PORNOGRAPHIC IMAGES

REGULATIONS

12th August, 2016

LEGAL NOTICE 281 of 2016.

The title of these Regulations is the Extreme Pornographic

Images Regulations.

For the purposes of these regulations, an extreme

pornographic image is an image which is the following

(a) pornographic; and

(b) extreme

(1) Without prejudice to the provisions of regulation 7, an

im age i s pornog rap hic if it is o f su ch a n ature t hat it mu st

reasonably be assumed to have been produced solely or principally

for the purpose of sexual arousal.

(2)

Where, as found in the person’s possession, an image

forms part of a series of images, the question of whether the image

is pornographic is to be determined by reference to

(a) the image itself, and

(b) where the series of images is such as to be capable of

providing a context for the image, its context within

the series of images,

and reference may also be had to any sounds accompanying the

image or the series of images.

(3)

Saving the provisions of sub-regulation (2), where

(a) an image forms an integral part of a narrative

constituted by a series of images, and

(b) having regard to those images as a whole, they are not

of such a nature that they must reasonably be assumed

to have been made solely or principally for the purpose

of sexual arousal,

the image may, by virtue of being part of that narrative, be found

not to be pornographic, even if it may have been found to be

pornographic where taken by itself.

An image is extreme if it portrays, in an explicit and

realistic way, any of the following:-

(a) an act which takes or threatens a person’s life;

(b) an act which results, or is likely to result, in a person’s

severe injury;

(c) rape or other non-consensual penetrative sexual

activity;

(d) sexual activity involving, directly or indirectly, a

human corpse;

(e) an act which involves sexual activity between a person

and an animal or the carcass of an animal.

In determining whether, as found in the person’s

possession, an image depicts an act mentioned in regulation 4,

reference may be had to

(a) how the image is or was described, whether the

description is part of the image itself or otherwise;

(b) any sounds accompanying the image;

(c) where the image forms an integral part of a narrative

constituted by a series of images

(i) any sounds accompanying the series of images;

(ii) the context provided by that narrative.

For the purposes of these regulations an image means

(a) a moving or still image, made by any means; or

(b) data, stored by any means, which is capable of

conversion into such an image.

(1) An image is excluded from these regulations if

(a) it forms part of a classified film within the meaning of

the Cinema and Stage Age-Classification Regulations;

(b)

it forms part of any other material, whether physical

or electronic, that serves the public good on the

grounds that it is in the interests of science, literature,

art or learning or other objects of general concern.

(2) An image is not excluded from these regulations if it has

been extracted from a classified work or any other material within

the meaning of sub-regulation (1) and it must reasonably be

assumed to have been extracted, whether with or without other

images, from the work or material solely or principally produced

for the purpose of sexual arousal.

Nothing in these regulations shall be interpreted as

authorising the display of any of the following

(a) an act of rape or other non-consensual penetrative

activity;

(b) an act of necrophilia or bestiality;

(c) a sexual act or image involving a minor.