Amendments to the UK’s Crime and Policing Act will make it illegal from November 6 to possess or publish pornographic images depicting strangulation or suffocation, as well as material showing performers pretending to be under 16. The law also targets “fauxcest”: fictional sexual role-play between people presented as family members, but who are not related by blood.
The measures are intended to prevent violence against women and girls. However, adult creators and legal experts say the wording could reach beyond the acts the legislation seeks to address. Myles Jackman, a UK obscenity lawyer, warned that depictions such as facesitting or some oral-sex scenes might be interpreted as suffocation if they appear to obstruct someone’s airway. He said any decision would ultimately be made by courts on a case-by-case basis.
The legislation follows a review by Conservative House of Lords member Baroness Gabby Bertin. In recommending restrictions on simulated incest, the review cited anecdotal evidence that such material could provide cover for child sexual abuse within families. The law provides for penalties of up to five years in prison and a fine for people found distributing or possessing prohibited content.
Some creators are reviewing their back catalogues and removing material they fear could be affected. Alexandra Snow, an adult creator and educator, said the law’s broad scope makes its eventual interpretation difficult to predict. She is also concerned that automated image-recognition systems used by platforms could flag content that does not violate the rules.
US-based OnlyFans creator Cami Strella, who says much of her work involves role-play, argued that a ban would not address the underlying issues and could push more harmful material away from established platforms. The UK government, by contrast, said the measures aim to prevent harm and are not intended to police sexual freedom.
The law comes amid concern about choking in pornography and its potential links to dangerous real-world behavior. Bertin told the BBC that such depictions had helped normalize sexual violence. Jackman said he supported the provision against strangulation, but cautioned that the wording could also capture less dangerous material.
The restrictions currently apply to people in the UK, including those who possess prohibited images on a phone, hard drive or cloud storage. Adult-industry lawyer Michael Fattorosi warned creators visiting the country to consider what content they keep on their devices. He also raised concerns for OnlyFans because its parent company, Fenix International Limited, is based in the UK.
Platforms have begun updating their rules ahead of the law’s start. IWantClips has published new guidance for UK users and removed clips that might be covered, listing categories including breast smothering, facesitting and scissorhold. UK creator Trans Princess Jezebel said she was reviewing her material on IWantClips and OnlyFans and feared losing income from clips used to promote her work.
Jackman said he had heard of lawmakers in Italy, the Netherlands and Spain discussing similar measures, as well as members of the evangelical lobby in the United States. The source report did not provide details of any proposed laws in those countries.
Sources: WIRED.