The regulation of online extreme pornography: purposive teleology (in)action

Abstract

The Internet has necessitated some changes in the way pornography is regulated. In the United Kingdom, there has been a demonstrable shift of focus in the regulation of the end user. The traditional regulatory model, focussing on the producer and distributor of content, has altered with the introduction of simple possession offences for pornography which makes the end user also liable for illegal content. This article analyses the issue by considering the general teleological reasoning for the regulation of pornography, and applies this to the legislation dealing with extreme adult pornography. The article points out that a sound teleological basis is imperative for pornography regulation, and that legislative action that overlooks this is fundamentally flawed and will ultimately fail in providing efficacious protection. The article argues that in order to restore confidence in the regulatory system there should be a coherent teleology behind the regulation of pornography, and also that the focus of legal regulation for extreme pornography should remain with producers and distributors rather than content recipients.