Free Speech Coalition Guides Members on New UK Pornography Laws

The Free Speech Coalition (FSC) has issued guidance to its members regarding new United Kingdom pornography laws, which are scheduled to take effect on November 6, 2026. These laws criminalize the distribution and possession of certain consensual sexual material, with potential penalties including significant fines and criminal charges.

New UK Pornography Legislation Details

The new UK laws, introduced by the Crime and Policing Act 2026, will criminalize the possession and publication of specific forms of pornography in England and Wales. The Ministry of Justice (MOJ) published guidance on these new offenses on October 16, 2026. The government states that these measures address pornography that may normalize conduct considered harmful or illegal in real life, such as child sexual abuse.

From November 6, 2026, it will be a criminal offense to possess or publish pornographic images that explicitly and realistically depict strangulation or suffocation. The law also targets penetrative sexual activity between individuals who a reasonable person would perceive as related, or pretending to be related, in specific ways. This includes depictions of close familial relatives such as father and daughter or brother and sister, as well as certain step and foster relationships where one person is, or is pretending to be, under 18. Additionally, sexual activity between at least two people where a reasonable person would think at least one person is, or is pretending to be, under 16, will be criminalized. The offenses apply only to content that explicitly and realistically depicts these scenarios.

Anyone possessing images covered by the offenses must permanently delete or otherwise dispose of them before November 6, 2026. Anyone publishing such images must remove them and stop making them available before that date. Maximum prison sentences are two years for possession of material depicting strangulation, suffocation, or penetrative sexual activity between certain relatives. For possession of material involving someone appearing to be, or pretending to be, under 16 years old, the maximum prison sentence is three years.

FSC Guidance and Industry Impact

The Free Speech Coalition published new member guidance covering these new pornography laws governing production in the United Kingdom on October 28, 2026. This guidance was published to the FSC blog, providing further details. The FSC guidance deals with UK law criminalizing certain choking, roleplay, and age play content. While more detailed regulatory guidance is still expected from organizations like Ofcom, the law officially goes into effect November 6.

Alison Boden, Executive Director of Free Speech Coalition, stated that while the law is vague, the FSC has attempted to parse the various provisions and the potential risk they can create for its members. Boden also noted that FSC cannot provide legal advice but hopes to provide context and clarity to help cut through some of the misinformation online. She described these as draconian bans with serious penalties for creators, platforms, and consumers, urging FSC members to take the law seriously.

The new law criminalizes distribution and possession of consensual sexual material, enforced through potentially enormous fines from Ofcom, as well as criminal charges. Because everyone’s situation is unique and the lines between what is now legal and illegal are somewhat arbitrary, FSC urges industry members to speak to a UK lawyer to review their content and study their potential liability.

While individuals and businesses based in the UK likely face the greatest immediate risk, anyone with material accessible in the UK faces potential exposure. All businesses that publish or store content in the UK should review the law, be aware of the risks, and take precautions to protect themselves from potential liability.

Boden also stated that this legislation was pushed through claiming it was urgently needed to target violent and dangerous content. However, unlike prohibitions against CSAM or revenge porn, the laws target legal, consensual sexual activity between adults. She called this a frightening precedent for free speech and sexual freedom, adding that FSC will continue to guide its members as more information and resources become available.

Related Legislation and Context

The Free Speech Coalition also reminded stakeholders across the adult industry on April 25, 2026, that key provisions of the TAKE IT DOWN Act would take effect May 19, 2026. This legislation created a federal criminal prohibition on the nonconsensual publishing of intimate images, including AI-generated "deepfakes," and requires covered platforms to establish a notice-and-removal process for such content within 48 hours of a valid request. While the ban on nonconsensual imagery went into effect immediately after the law was signed, the notice-and-removal requirements began on May 19, 2026.

As outlined in the FSC statement, the TAKE IT DOWN Act applies to two categories of content: authentic intimate visual depictions published without consent and digital forgeries. The latter includes AI-generated or otherwise computer-manipulated intimate images of an identifiable individual that a reasonable person would find indistinguishable from authentic depictions. FSC stated that any person who knowingly publishes such content using an interactive computer service may be held liable.

Key Facts

• The Free Speech Coalition (FSC) published new member guidance on UK pornography laws on October 28, 2026.
• New UK pornography laws, introduced by the Crime and Policing Act 2026, take effect on November 6, 2026.
• The laws criminalize possession and publication of images depicting strangulation/suffocation, certain familial/pretended familial penetrative sexual activity, and sexual activity where one person appears/pretends to be under 16.
• Penalties include significant fines from Ofcom and criminal charges, with maximum prison sentences of two or three years for possession, depending on the content.
• The Ministry of Justice (MOJ) published guidance on these new offenses on October 16, 2026.
• FSC Executive Director Alison Boden described the laws as draconian bans targeting legal, consensual sexual activity.