‘Caveat Viewer!’: the rationale of the possession offence

In the light of the increasing availability of extreme and violent pornography on the Internet and its perceived harmful effect on society, a new law is being proposed that would render the simple possession of such material a criminal offence. Child pornography laws are similar to the proposed law in some respect, but there are major differences between them. This article looks at the rationale behind possession offence and analyses it in the context of child pornography. The article will then proceed by highlighting some of the legal issues involved in regulating extreme pornography, both at domestic and EU levels, and contrast this with child pornography laws. This will be examined from a human rights perspective, with particular reference to free expression and privacy rights. The article will analyse if the possession offence for extreme pornography undermines any of these rights, in which case it would be wiser to explore other possible avenues for regulation.