UK Expands Criminal Prohibitions on Certain Pornographic Content

The United Kingdom continues to significantly expand its regulatory framework governing online adult content through amendments to the Crime and Policing Bill, with important implications for platforms, producers, and distributors operating globally.

Key Developments

Recent legislative amendments will criminalize the possession and publication of certain categories of pornographic content, including:

• Depictions of strangulation or suffocation (“choking”) in a sexual context; and
• Content involving adults portraying children, including “age-play” or “barely legal” themed material.

These measures build on a broader policy initiative aimed at addressing online harms, violence against women and girls, and child protection concerns.

Criminalization of “Choking” Content

What Constitutes “Strangulation” or “Suffocation”?

At present, the legislation does not rely on a narrow or purely technical definition. Instead, UK criminal law and prior “extreme pornography” jurisprudence suggest a broad, effects-based interpretation. Content is likely to fall within scope where it depicts:

• Pressure applied to the neck (hands, limbs, ligatures, or objects) that restricts breathing or blood flow;
• Obstruction of the mouth or nose (e.g., smothering) in a way that impedes normal respiration;
• Any act that a reasonable viewer would understand as restricting air supply or causing asphyxiation, even if simulated; or
• Scenes framed as producing loss of control, distress, or incapacity due to restricted breathing.

Importantly, consent, simulation, or the absence of actual injury is unlikely to be determinative. UK regulators have historically focused on how the material is portrayed and perceived, rather than whether harm actually occurred.

Given the absence of precise statutory language, enforcement is expected to follow a contextual and risk-based approach, meaning even relatively brief or stylized depictions (including common “choking” gestures during sexual activity) could fall within scope depending on presentation.

Accordingly, platforms should treat the category as expansive and conservatively interpreted for compliance purposes.

The UK government has confirmed that pornography depicting strangulation or suffocation will be treated as a criminal offense. This includes both distribution and possession, bringing such material in line with other prohibited extreme content categories.

The legislative change follows a government-commissioned review that concluded such depictions are widespread and risk normalizing harmful and dangerous sexual behavior, particularly among younger audiences.

Online platforms will be required to proactively prevent access by UK users, with potential regulatory enforcement under the Online Safety framework.

Ban on “Age-Play” and Incest-Themed Content

In parallel, more recent amendments expand criminal liability to include:

• Pornographic depictions of incest or step-family sexual activity; and
• Content involving adults roleplaying as minors.

These provisions reflect growing concern that such material may simulate or normalize child sexual abuse dynamics, even where no minors are involved.

Reports indicate that so-called “barely legal” or age-roleplay content will be treated similarly to illegal child sexual abuse material for enforcement purposes.

Broader Regulatory Context

These changes form part of the UK’s wider effort to strengthen online safety regulation, including:

• Expanded platform liability and content moderation obligations;
• Alignment of online standards with existing offline criminal prohibitions; and
• Enhanced enforcement tools under the Online Safety Act.

The legislation signals an increasingly interventionist approach to lawful-but-harmful adult content, with regulators focusing on perceived societal impacts rather than traditional obscenity thresholds.

Implications for Industry Stakeholders

Companies operating in the adult content ecosystem — including platforms, studios, payment processors, and intermediaries — should consider:

• Content review and moderation updates to identify newly prohibited categories;
• Geo-blocking and compliance controls specific to UK users;
• Potential criminal exposure for hosting, distributing, or facilitating access to restricted material; and
• Increased regulatory scrutiny and enforcement risk, particularly for large platforms.

Takeaways

The UK’s evolving legal framework reflects a rapid expansion of criminal prohibitions into previously lawful adult content categories, particularly where content is viewed as promoting violence or mimicking abuse scenarios.

This trend may influence other jurisdictions and should be closely monitored by any organization with international digital distribution.

If you have any questions about compliance obligations or cross-border risk exposure, please contact Silverstein Legal.

Corey D. Silverstein
Managing Attorney, Silverstein Legal

About Silverstein Legal

Founded in 2006 by adult entertainment lawyer Corey D. Silverstein, Silverstein Legal is a boutique law firm that caters to the needs of anyone working in the adult entertainment industry. Silverstein Legal’s clients include hosting companies, affiliate programs, content producers, processors, designers, developers, and website operators.