Digital Economy Act 2017

22 Meaning of “extreme pornographic material” U.K.

(1) In this Part “extreme pornographic material” means (subject to subsection (3)) material—

(a) whose nature is such that it is reasonable to assume that it was produced solely or principally for the purposes of sexual arousal, and

(b) which is extreme.

(2) For the purposes of subsection (1)(b), material is extreme if—

(a) its content is as described in section 63(7) or (7A) of the Criminal Justice and Immigration Act 2008, and

(b) it is grossly offensive, disgusting or otherwise of an obscene character.

(3) Material to which paragraphs (a) and (b) of subsection (1) apply is not “extreme pornographic material” if it is or was included in a classified video work, unless it is material to which subsection (4) applies.

(4) This subsection applies to material—

(a) which has been extracted from a classified video work, and

(b) whose nature is such that it is reasonable to assume that it was extracted (with or without other material) solely or principally for the purposes of sexual arousal.

(5) In this section—

(a) “classified video work” means a video work in respect of which a video works authority has issued a classification certificate;

(b) “video work” means a video work within the meaning of the Video Recordings Act 1984;

(c) “video works authority” means a person designated under section 4(1) of the Video Recordings Act 1984;

(d) “classification certificate” has the same meaning as in the Video Recordings Act 1984 (see section 7 of that Act);

(e) “material” means—

(i) a still image or series of still images, with or without sound; or

(ii) a series of visual images shown as a moving picture, with or without sound.

Commencement Information

I1 S. 22 in force at 31.7.2017 for specified purposes by S.I. 2017/765, reg. 2(i)