The invention of the internet is responsible for many things that make our lives much easier today, from online shopping and communication tools to entertainment and education.
However, as with anything that can be used for good, online spaces can also be used for bad things – which is why certain types of online content are not acceptable in the UK.
To protect people using the internet in the UK, there are various laws restricting what can be posted and viewed online, aiming to protect people’s rights and deter criminal activity.
Law enforcement agencies such as cybercrime police units and organisations like the IWF (Internet Watch Foundation) work to identify and remove harmful content from the internet and bring the individuals responsible to justice.
If you aren’t aware of what you’re allowed to view online and what’s illegal to look at on the internet in the UK, you might be worried about accidentally breaking the law and the consequences you could face for viewing illegal content.
To help you understand this area of the law, here are the answers to some of the most common questions about visiting illegal websites and viewing prohibited images online.
Can your online search history get you in trouble?
Yes. Even if you don’t spend a lot of time on websites hosting illegal content, if you’re searching for related terms and clicking through suspicious links, this activity could be flagged by any search engines or social media platforms you use to do this.
The government doesn’t track general internet activity, as this would be a breach of data privacy. However, under the Regulation of Investigatory Powers Act 2000 (RIPA), the police can request data from your ISP (internet service provider) and surveil your online activity if you’re suspected of committing an offence.
If you’re investigated by the police for the commission of an online offence, the police can get a warrant to seize your electronic devices and use digital forensics to check your browsing history, stored files, and communication and financial transaction records.
This data can reveal whether you have been viewing illegal content or attempting to access it, which can be used as evidence to charge and prosecute you.
No matter how curious you may be, it’s best to avoid searching for or visiting websites containing prohibited content. Even if you end up doing so accidentally – by clicking on a malicious link or unknowingly downloading malware, for example – it can be difficult to prove that you didn’t intentionally seek out the offensive content.
Can you go to jail for viewing illegal content?
Yes. If you are found viewing illegal content online or downloading it from websites to your devices, you could be charged and taken to court.
The exact offence the police and CPS (Crown Prosecution Service) charge you with would depend on the specific type of illegal content and the nature of your online and digital activity, but if you’re prosecuted and convicted, the penalty could range from a fine and community order to a prison sentence.
For example, illegal pornography offence convictions could result in a sentence of up to 2 years in prison, while an indecent images offence conviction could range from a high-level community order or 6 months in prison to several years in jail, depending on the severity of the offence.
In cases involving sexual offences, especially those with child victims, the defendant may also face penalties such as fines and ancillary orders – for example, becoming a registered sex offender for a minimum of 5–10 years.
There can be severe long-term consequences for viewing illegal content online, which could affect your relationships, employment, and everyday movements for the rest of your life.
When deciding a sentence, aggravating and mitigating factors will be taken into account. Aggravating factors such as prior convictions or causing a higher level of harm will contribute to a stricter sentence, while mitigating factors such as clear remorse or a medical condition that affects this behaviour could help to reduce the sentence.
This is why it’s important to seek professional legal help if you find yourself involved in an illegal online content investigation, so you can defend yourself appropriately.
Is viewing illegal images the same as possession?
Generally, no – viewing illegal images is not the same as possessing them under UK law. Despite being separate offences, though, viewing can easily become a possession charge if the person proceeds to save, download, or copy the illegal images they’re viewing online.
For example, in the case of indecent images, possession is considered the physical or digital ownership of a prohibited image that you have stored and have control over. Whereas viewing an indecent image – or ‘making’ in legal language – is considered the reproduction of the image.
Where these can overlap is if the indecent image data is stored in your cached files, or if you have saved links to revisit or shared them with others. A prime example is images shared in messaging apps like WhatsApp, where you have to download an image to view it.
It’s an important distinction to make, as penalties can vary for each offence – ranging from high-level community orders to up to 10 years in prison. If you are charged with and convicted of both ‘making’ and possessing an illegal image, the penalty will be more severe.
For a lack of knowledge defence to reduce the sentence, you must be able to prove that you did not know you possessed the images and were not able to control or retrieve them.
What should you do if you’re accused of viewing illegal images?
If you genuinely come across illegal content online by accident, you should report it to the authorities as soon as possible. Do not attempt to delete your browsing history, and under no circumstances should you save the content or share it with anybody else.
You can report illegal material online to the Internet Watch Foundation (IWF), the Child Exploitation and Online Protection Command (CEOP), or the police. If you fail to report it and are later identified as accessing the illegal content, you will be implicated in the crime.
If the police have contacted you and are investigating you on suspicion of viewing illegal images online or possessing illegal images, you must speak to a specialist solicitor as soon as possible – ideally during the investigative process, as your solicitor can guide you through the police interviews and potentially help you to avoid charges.
Even if you are charged with a crime and have to go to court, your expert solicitor will liaise with you, the police, and the CPS at every step to gather all the facts and build a defence.
This could make a big difference in the outcome of your case, especially for offences with severe penalties, such as possession of indecent images. Having a solicitor on your side who is experienced in this area of the law will help you to understand the charges you’re facing and the best course of action for your defence.