Porn law

The law on accessing explicit sexual material on the internet is mainly concerned with child pornography, according to an expert…

The law on accessing explicit sexual material on the internet is mainly concerned with child pornography, according to an expert in the area, barrister Karen Murray.

It is an offence punishable by up to five years in prison to create, distribute or download child pornography under the Child Trafficking and Pornography Act.

However, accessing images of adult pornography on the internet is not explicitly prohibited by statute. There are common law offences relating to publishing obscene material, according to Murray, but there have not been any prosecutions recently.

Under such common law prohibitions difficulties would arise in defining what was obscene material, and, if the material originated outside the State, the question of where it was published would also arise.

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It would appear, therefore, that an adult accessing sexual material on the internet is unlikely to face prosecution, provided that the material concerned portrays only adults.

If children are involved in the creation of the material, whether real or simulated, or if they are drawn into watching it, then an offence is being committed and the individual involved could be prosecuted.