Freedom of Expression in Cyberspace and the Coroner’s and Justice Act 2009

Abstract

The focus of this paper is pornography. More specifically anti pornography law in the UK and more specifically still, law that prohibits pornographic images of children. For many people, this is a not a controversial area. Because they are convinced that the laws would never apply to them, then they are happy that prohibitions are on the statute book to deal with the paedophiles in the community and beyond. It may be however, that sometimes the law, particularly unquestioned and unchallenged, for whatever reason, can go too far and can become not only disreputable but counterproductive in its reasoning and its practicalities. The Coroners and Justice Act 2009 is a wide ranging piece of legislation which covers duties of coroners investigating deaths and in relation to treasure trove, as well as partial defences to murder, infanticide and assisting and encouraging suicide, genocide, conspiracy, evidence and treatment of witnesses. Amongst this rag bag of a statute s62 to 69 cover the possession of a prohibited image of a child. This act passed into law without media coverage except on the revised provocation criteria as a partial defence to murder. This is probably because much of the act is of a technical and procedural nature which would only invite comment from practitioners or the police, but s62 – 69 are of an altogether different order and will undoubtedly bring many unwise individuals within the remit of a personally disastrous offence