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
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 pornography that depicts individuals who appear, to a reasonable person, to be real.
The maximum penalty for possession of material depicting strangulation, suffocation, or penetrative sexual activity between certain relatives is two years' imprisonment. For possession of material involving someone appearing to be, or pretending to be, under 16 years old, the maximum prison sentence is three years.
The FSC's Executive Director, Alison Boden, stated that the law is "vague" and that the organization has attempted to "parse the various provisions and the potential risk they can create for our members." Boden also noted that "FSC can’t provide legal advice, but we hope to provide context and clarity to help cut through some of the misinformation online." She described the bans as "draconian" with "serious penalties for creators, platforms, and consumers," urging FSC members to take the law seriously.
Industry Implications and Compliance
The FSC's guidance highlights that while more detailed regulatory guidance is anticipated from organizations such as Ofcom, the law officially commences on November 6. Ofcom is empowered to enforce the law through potentially substantial fines.
The FSC advises that individuals and businesses based in the UK likely face the most immediate risk. However, anyone with material accessible in the UK faces potential exposure. All businesses that publish or store content in the UK are urged to review the law, understand the risks, and implement precautions to protect themselves from potential liability. The FSC recommends that industry members consult with a UK lawyer to review their content and assess their potential liability, given that "everyone’s situation is unique and the lines between what is now legal and illegal are somewhat arbitrary."
The MOJ guidance specifies that anyone possessing images covered by the new offenses must permanently delete or otherwise dispose of them before the commencement date. Similarly, anyone publishing such images must remove them and cease making them available before November 6, 2026.
Boden commented that this legislation was "pushed through claiming it was urgently needed to target violent and dangerous content," but unlike prohibitions against CSAM or revenge porn, "the laws target legal, consensual sexual activity between adults." She characterized this as "a frightening precedent for free speech and sexual freedom," and stated that the FSC "will continue to guide our members as more information and resources become available."
Related Industry Developments
In other news, Brazil’s National Data Protection Agency (ANPD) published a guide outlining online providers’ child-protection responsibilities under the Digital Statute for Children and Adolescents (Digital ECA), which mandates age verification for users located in Brazil on adult websites. This guide was published on October 28, 2026.
On October 26, 2026, French media regulator Arcom issued formal notices to the operators of three adult websites for alleged failure to implement age verification as required by French law.
Key Facts
- The Free Speech Coalition (FSC) published guidance on new UK pornography laws on October 28, 2026.
- The new UK laws, part of the Crime and Policing Act 2026, take effect on November 6, 2026, in England and Wales.
- The laws criminalize possession and publication of pornography depicting strangulation/suffocation, certain incest roleplay, and age play involving individuals appearing or pretending to be under 16.
- Penalties include potential fines from Ofcom and criminal charges, with maximum prison sentences of two or three years for possession, depending on the content.
- The FSC advises industry members to seek legal counsel from a UK lawyer due to the law's vagueness and potential liability for content accessible in the UK.
