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The legal definition of "possession" on the internet may seem unintuitive.
In 2013, in a landmark case where two adults were prosecuted for privately messaging paedophilia fantasies, the Court of Appeal ruled that online sexting counts as "publication" under the Obscene Publications Act.
Setting aside the content of these exchanges, this ruling has massive implications for online communications."The 2012 case of R v GS is unprecedented in extending liability for publication to one-to-one private fantasy chat via chatrooms, messenger clients and text message," says Jackman.
."This potentially criminalises millions of otherwise law abiding adults for sexting."Jackman discusses the implications in more detail on his blog:"Sending a private message (for example a DM on Twitter, email or MSN chat message); intended solely for a single recipient (sent in good faith with the expectation that no-one else will see the contents); about an 'obscene' sexual act which is purely a fantasy; rather than a statement of an intention to perform that act - means you could be sent to prison."The law leaves much open to interpretation.
Does role-play count as a "realistic portrayal of rape" even if the acting is awful?
Do paper-cuts qualify as 'trifling infliction of injury'?
This may sound flippant, but there's no hard and fast definition for these issues, and they're likely to differ from case to case.
The Obscene Publications Act is applicable in England and Wales, but its jurisdiction comes with a litany of statutory exemptions in Scotland and Northern Ireland, thanks to the differing obscenity laws in constituent countries.
So how you get charged, what you get charged with, and what is chargeable will depend on where in the UK you live. Hide in a cupboard, think pure thoughts and, if you must buy lingerie, do it in a shop.
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