6 Masaryk U. J.L. & Tech. 283 (2012)
Extreme Pornography Regulation in the UK: Recent Developments

handle is hein.journals/mujlt6 and id is 287 raw text is: L. Siry: Extreme Pornography Regulation in the UK

EXTREME PORNOGRAPHY REGULATION
IN THE UK: RECENT DEVELOPMENTS
by
LAWRENCE SIRY*
Recently, the UK enacted prohibitions on the possession of extreme pornography
with the passage of the Criminal Justice and Immigration Act of 2008. The law tar-
gets the possessor of material that is both violent and pornographic. This controver-
sial measure has brought to the fore the questions of how, and why, this jurisdiction
regulates offensive material. This paper will trace the recent developments in the
UK, including the prosecutions that have resulted from the law, as well as potential
conflicts that may arise. A further focus is on the motivations behind the law as
well as the implications and efficacy of the regulations, additionally examining the
freedom of expression implications of such measures.
KEYWORDS
Extreme Pornography Regulation, Obscene Publications Act
1. INTRODUCTION
In January 2012, the chorus was singing of the death of the Obscene Publica-
tions Act' (hereinafter referred to as OPA or the Act) after a jury acquit-
ted a defendant of charges of distributing DVDs allegedly in violation of the
Act. Critics and libertarians seemed to imply that the old Act had finally lost
its ability to regulate obscene material. The DVDs in question dealt with
such topics as, ...full-hand gay fisting, urination, staged kidnapping and
rape, whipping, and smacking of saline-injected scrotum.... 2 The distribut-
University of Luxembourg, lorenzosiry@gmail.com
Hodgsons, N., Michael Peacock's Acquittal Is A Victory For Sexual Freedom, The Guardian, 6
January 2102, Available at
http://www.guardian.co.uk/commentisfree/libertycentral/2012/jan/06/michael-peacock-ob-
scenity-trial?newsfeed=true, (last accessed 15 January 2012).
2 Cf. for example C-509/09 eDate Advertising GmbH v X [2011].

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