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Strangulation and Incest Pornography to Be Banned in England and Wales

The ban follows a 2025 review by Conservative peer Gabby Bertin and cross-party pressure on ministers

By AXY War & Crime Desk ·

Reporting via The Guardian Law
Reporting via The Guardian Law (Corpse Reviver · CC BY 3.0 · via Wikimedia Commons)

Key points

Online pornography that depicts strangulation and incestuous relationships will be banned in England and Wales from 6 November, the government has announced. The Guardian reported that the new offences will cover material showing strangulation or suffocation, sex between people who are related or pretending to be related, and content in which someone is pretending to be a child under 16. The restrictions follow cross-party pressure that prompted ministers to bring forward new legislation earlier this year, and they draw on recommendations from a 2025 review of pornography regulation led by the Conservative peer Gabby Bertin.

The announcement is significant because it addresses material that is widely available online and has until now sat in a legal grey area. Non-fatal strangulation is already a criminal offence in its own right, but showing it in pornography online has not been illegal. The government is therefore moving to make the depiction of these acts a crime, not only the acts themselves. Campaigners have welcomed the legislation, which the government says will take effect on 6 November.

What the new ban covers

The announcement names three categories of content. The first is pornography that depicts strangulation or suffocation. Choking is a particular concern in the review, which found that pornography showing women being choked can have “devastating” real-world consequences. The second category is sex between people who are related or pretending to be related, which covers incest-themed material. The third is content in which somebody is pretending to be a child under 16. The review highlighted “disturbing” role-play of this kind, including incest and adults portraying children, and both categories are being banned.

The reporting describes these as offences involving online pornography. That means the legal focus is on material that is published or made available online, rather than on the wider range of adult sexual preferences. The justice minister, Alex Davies-Jones, made this point directly, saying the measure is not about criminalising harmless sexual preferences. The full legal wording, the penalties and the body responsible for enforcing the offences had not been set out in the reporting, so those details will matter once the legislation is published in full.

For ordinary readers, the practical question is how these categories will be defined in law. Terms such as “pretending to be a child” and “pretending to be related” will need precise legal meaning so that courts, police and producers know what falls inside the offence. Lawyers are likely to examine whether the wording covers only explicit depictions or also suggestions and simulations, but that cannot be settled until the text is available.

How the policy came about

The recommendations behind the ban come from a review of pornography regulation carried out by Gabby Bertin, a Conservative member of the House of Lords. Members of the Lords, known as peers, are appointed rather than elected, and they take part in the legislative process alongside the House of Commons. Her review reported in 2025, and the government’s new offences follow its recommendations.

The review’s findings are central to the case for action. It said there had been a “total absence of government scrutiny” of the pornography industry. That is a strong criticism of how the sector has been overseen, and it helps explain why campaigners and parliamentarians have pressed for changes beyond existing rules. Whether the new offences address the wider question of oversight, rather than only the specific categories of content, is not something the reporting resolves.

According to the reporting, cross-party pressure in Parliament prompted ministers to announce new legislation earlier this year. Cross-party pressure usually means that MPs and peers from more than one political party have raised the same concern, which can make it harder for a government to delay. In this case, the pressure appears to have been part of the route that brought the review’s recommendations into law.

Why the government says it matters

Alex Davies-Jones, the justice minister, said: “This isn’t about criminalising harmless sexual preferences. But porn can shape what people think a healthy relationship looks like, especially young people.” Her statement places the emphasis on how young people learn about relationships, consent and intimacy, rather than on adult sexual tastes in general. The concern is that content which is easy to find online can influence expectations about how partners should treat each other.

She also said: “Content that normalises, or even glorifies, violence against women is dangerous and can blur the line with what is acceptable in real life.” The argument is that repeated exposure to violent material may make harmful behaviour seem more ordinary. Researchers and campaigners have debated how strong any link between pornography and attitudes or behaviour is, and the reporting does not cite a specific study. What the government has put forward is a policy judgment that this content should be restricted by law.

The ban also reflects a broader pattern in British policy on sexual content. Existing law already restricts certain material. Indecent images of children are illegal, and sexual activity between certain close relatives is an offence under the Sexual Offences Act 2003. The new measure extends the legal line to pornographic depictions of such acts, which is a different step from criminalising the acts themselves. This distinction is central to how the government has framed the policy.

The gap in the law until now

Non-fatal strangulation became a specific criminal offence in England and Wales under the Domestic Abuse Act 2021, which made strangling or suffocating another person a crime even where it does not cause death. The offence recognises that strangulation is a serious warning sign in abusive relationships, because it can cause injury or death even when no visible marks are left. The reporting notes that, despite this, it is not illegal to show strangulation online.

This creates an unusual situation. The act is criminal, but a pornographic depiction of it has not been covered by the same offence. The new ban is aimed at closing that gap for pornographic material. Existing law on extreme pornography in England and Wales, introduced under the Criminal Justice and Immigration Act 2008, already restricts some violent and life-threatening material. The reporting does not explain how the new offences will sit alongside that older framework, or whether any existing prosecutions will be affected.

The online dimension adds another layer. The Online Safety Act 2023 gave Ofcom, the UK communications regulator, duties to oversee how online services protect users, and it introduced requirements for pornography sites to check users’ ages. Those rules focus on access and platform responsibilities. The new offences are criminal law changes, so their effect will depend on how police and prosecutors apply them to content that is hosted or shared across many services.

Campaigners and what the review set out

Lady Bertin welcomed the announcement, saying: “It is very good news these offences will come into force, and not a moment too soon.” Her comment reflects the long campaign for tighter rules that followed her review. The reporting says campaigners welcomed the legislation, but it does not name particular campaign groups or set out their detailed responses, so readers should treat the broad welcome as the extent of what has been reported.

The review’s focus on “disturbing” role-play is important for understanding why these categories were chosen. Role-play in pornography can present scenarios that would be illegal if they took place in real life, and the review judged that such material could normalise harmful ideas. The government’s decision to ban the categories the review highlighted suggests that ministers accepted that argument, at least for the content named in the announcement.

The reaction also highlights a tension that will run through the debate. Supporters argue that clear legal limits are needed where material could shape attitudes or cause harm. Critics of broad restrictions often argue that the law should be precise, so that lawful adult material is not caught by vague wording. The government has responded by stressing that the measure is not about harmless sexual preferences, which will make the drafting of the legislation closely watched.

What to watch before 6 November

The key date is 6 November, when the ban is due to take effect. Between now and then, the most useful information will be the full text of the legislation, any official guidance for police and prosecutors, and details of the penalties and enforcement arrangements. These will show how broadly the offences are drafted and how they are likely to be applied in practice.

Several questions remain open. The reporting does not say how many websites or creators the ban will affect, nor what share of online adult content it covers. It also does not say whether Scotland or Northern Ireland will introduce similar measures. Those jurisdictions have their own legal systems, so any parallel change would require separate action. Observers may watch whether other parts of the UK follow the same path.

Analysts are likely to focus on enforcement. Online content can be uploaded, mirrored and shared across many platforms, and the practical reach of any offence will depend on how material is identified, reported and removed. Companies that host adult content may face pressure to tighten their own rules ahead of the deadline, though the reporting does not say whether such changes are expected. The coming weeks will show how much detail the government publishes and how quickly the law is put into operation.

Sources: The Guardian Law

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