Criminalising the Possession of Extreme Pornography: Sword or Shield?

Abstract

This article examines the reasons for the introduction of the extreme pornography provisions in s. 63 of the Criminal Justice and Immigration Act 2008, whether the provisions can be justified, whether they meet their goals and the problems they raise. It is argued that the provisions should be seen as an expression of benign perfectionism, grounded in respect for individuals, rather than repressive paternalism. The impact of the law is assessed with reference to recent cases and the author considers whether the fears expressed at the time the legislation was passed have been borne out in practice.