UK to Ban Pornography Depicting Strangulation and Incest in November

Pornography depicting strangulation, suffocation, incestuous relationships, or the sexualization of minors will be illegal in England and Wales from November 6th. The ban follows a 2025 review led by Baroness Gabby Bertin, commissioned by former Prime Minister Rishi Sunak's government, which found depictions of choking were prevalent and potentially harmful, citing an instance of a 14-year-old boy questioning a teacher about choking girls. The new rules will apply to both publication and possession of such content, carrying maximum penalties of five years’ imprisonment for publication and up to three years for possession of images depicting sexual activity involving a person pretending to be under 16. Justice minister Alex Davies-Jones stated the law is not intended to criminalize harmless sexual preferences but to address content that normalizes violence, particularly towards women. The End Violence Against Women Coalition welcomed the ban, urging effective enforcement and updates to the Online Safety Act. Non-fatal strangulation is already a criminal offense, but its depiction online was previously unregulated. The amendments to the Crime and Policing Bill, enacted in April, paved the way for these new offenses. Bertin stated the change in law sends an “unequivocal signal” to companies hosting pornographic content that extreme and violent material encouraging real-life harm is unacceptable. The government advises anyone with such material to delete it immediately.

Where they differ

• The BBC included the maximum penalties for each offense (five years for publication, up to three for possession of images of minors, up to two for strangulation/incest), while The Guardian did not.
• The Guardian highlighted the cross-party pressure that prompted the legislation, while the BBC focused on the government’s announcement.
• The BBC included a quote from Davies-Jones urging people to delete existing content, a detail not present in The Guardian’s reporting.

What is not yet known

• The specific enforcement mechanisms for the ban remain unclear.
• The long-term impact of the ban on the pornography industry is not detailed.

Background

• The Crime and Policing Bill was amended in April to create the legal framework for the offenses now being defined, allowing for penalties for possessing or publishing the specified content [Fact Refinery, 2026-10-16].
• Baroness Gabby Bertin led a review, commissioned by the former Sunak government in 2025, which identified depictions of choking as prevalent and potentially harmful, citing a specific incident involving a 14-year-old questioning a teacher [Fact Refinery, 2026-10-16].
• Non-fatal strangulation is already a criminal offense in England and Wales, but depictions of it online were previously unregulated [background knowledge].
• The End Violence Against Women Coalition has previously expressed concerns about the release of domestic abuse perpetrators under early release schemes, citing failures in monitoring and breaches of license conditions [Fact Refinery, 2026-10-13].

Our reading

Our reading is that the UK government is attempting to extend existing criminal law into the realm of online pornography, responding to concerns about the normalization of violence. The legislation appears to be driven by both a specific review identifying harmful content and broader pressure to address violence against women. While the stated intention is to target extreme content and not harmless preferences, the practical application and enforcement mechanisms remain to be seen. The inclusion of possession as an offense, alongside publication, suggests a broad scope for potential criminalization.

What to watch

• The specifics of how the ban will be enforced, particularly regarding online content and the role of the Online Safety Act, will be detailed in forthcoming guidance from the Justice Ministry [Fact Refinery, 2026-10-16].
• The number of prosecutions brought under the new law in the first six months of its implementation will indicate the extent to which it is being actively used [check government statistics websites].
• Any legal challenges to the law, particularly regarding freedom of expression or the definition of “harmful” content, would signal potential difficulties in its long-term viability [monitor court listings].

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