UK Ministry of Justice Bans Specific Pornography Categories

The United Kingdom's Ministry of Justice announced that new criminal prohibitions on specific categories of pornography will be enforced in England and Wales starting Friday, November 6. These regulations target content depicting strangulation, incestuous relationships, and adults role-playing as children under 16.

New Prohibitions and Enforcement Timeline

Enforcement of criminal prohibitions on certain taboo pornography categories in the digital space of England and Wales will begin on November 6. The Ministry of Justice released this announcement on October 16, 2026. The new rules follow a review into porn regulation in 2025.

Members of U.K. Parliament adopted the Crime and Policing Act 2026, which includes provisions explicitly banning types of pornography and adult content that depict choking, age-play, and some types of "step-family" content. This applies even if the content is produced legally and consensually in other countries, such as the United States. The enforcement aims to block "the harm that some forms of pornography can have in shaping real-world behavior."

The ministry's official communication about the act stated that it has criminalized the possession and publication of particularly harmful forms of pornography, including material depicting strangulation or suffocation, sex between certain relatives ("incest porn"), and adults roleplaying as children under 16. These offenses address pornography that risks normalizing conduct that is harmful or illegal in real life, such as child sexual abuse. The categories covered were deemed violent, even if participants in these scenes are consenting and on a controlled production set.

The law prohibits the depiction of choking, as well as adult performers depicting themselves as minors. Furthermore, the amendments ban depictions of sexual activity between "step and foster relations" where one person is "pretending" to be under the age of 18. A previously proposed blanket ban on all depictions of "taboo" and "step" relations was shelved.

Justice minister Alex Davies-Jones stated that the government has a commitment to halve violence against women and girls in a decade. Davies-Jones noted that for many people, it is still easy to access harmful pornography online. Davies-Jones added that the new laws are not about criminalizing harmless sexual preferences, but that porn can shape what people think a healthy relationship looks like, especially young people. Davies-Jones concluded that content that normalizes, or even glorifies, violence against women, is dangerous and can blur the line with what is acceptable in real life.

Industry Concerns and Penalties

Corey Silverstein, an attorney specializing in representing adult entertainment industry clients, expressed disappointment with the U.K. government’s decision to provide a short preparation window before the new criminal provisions take effect. In an email to AVN, Silverstein noted that publishing compliance guidance just three weeks before enforcement does not give businesses a realistic opportunity to obtain legal advice, review extensive content libraries, retrain moderation teams, and implement necessary changes.

Silverstein explained that the rapid enforcement increases risk for platforms, producers, and other stakeholders due to potential misinterpretation of the regulations from the Justice Ministry. Silverstein stated that these measures reach into fictional scenarios involving consenting adults, raising questions about freedom of expression and the boundaries of criminal liability. Silverstein also commented that businesses deserve precise rules and a meaningful transition period, especially when criminal penalties are at stake, making a rushed compliance deadline difficult to justify.

Penalties associated with violations of the new prohibitions include prison time. It is officially a crime in England and Wales to possess and publish pornographic imagery under these definitions. These definitions include images and video depicting choking and strangulation; penetration between "certain relatives," even if they are simply pretending to be related; and sexual activity involving someone who appears to be under the age of 16, or if those depicted are adults pretending to be minors.

For possession, penalties range from two to three years in prison, depending on the offending content. Publication carries a maximum of five years' imprisonment. Defenses outlined in the legislation apply only in certain circumstances, including lack of knowledge, unsolicited receipt of the content, direct participation in the depicted activity, or a legitimate reason for possessing or publishing the material. The law does not define "legitimate reason."

The law is structured to define possession and publication as "continuing acts." In English common law, a criminal offense that is a continuing act means a defendant can be held criminally liable if a "guilty mind" is formed at any point during an ongoing physical act. This means an individual initially having no intention of causing harm could be found guilty upon carrying out an action and failing to stop the behavior.

The Justice Ministry advises that if an individual possesses or is continuing to publish an image covered by these offenses, they must stop doing so before the laws come into force. This means permanently deleting or otherwise getting rid of the material before commencement. If an individual is continuing to publish it, whether online or offline, they need to remove it and stop publication before commencement.

Background and Impact

Conservative peer Baroness Gabby Bertin, who headed the review into pornography regulation which reported in 2025, stated that the news came "not a moment too soon." Bertin told the Press Association that the change in law would "send the unequivocal signal" to companies that host and facilitate porn, and also to wider society, that "extreme and violent content that encourages real-life harm is not acceptable."

Bertin's independent review, commissioned by former Prime Minister Rishi Sunak's government, cited an account of a 14-year-old boy asking a teacher how to choke girls during sex. The review warned that people imitating such behavior "may face devastating consequences." Speaking to BBC Radio 4's Today programme, Baroness Bertin said porn showing strangulation had "absolutely sort of normalised this kind of sexual violence." She added that this has to come to an end and expressed hope that the law change would be the beginning of that, aiming to "marry up" differences in the law about what was acceptable online and offline. Non-fatal strangulation is already an offense if someone does not consent.

Key Facts

• Enforcement of new pornography prohibitions in England and Wales begins November 6.
• The prohibitions target content depicting strangulation, incestuous relationships, and adults role-playing as children under 16.
• Penalties for possession range from two to three years in prison; publication carries up to five years.
• The Crime and Policing Act 2026 includes these provisions, following a 2025 review led by Baroness Gabby Bertin.
• Corey Silverstein, an attorney, raised concerns about the short compliance window for the adult industry.
• The law defines possession and publication as "continuing acts," impacting ongoing content availability.