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Initially, the legal reaction was that such a case could not possibly succeed - and that was pretty much the view of the judge who threw it out when first it arrived at Maidstone Crown Court in November 2011.But that was before an appeal brought by the prosecution in February of this year, and the appeal court ruling in which three appeal judges - Lord Justice Richards, Mr Justice Kenneth Parker and Mr Justice Lindblom - ruled unequivocally that publication to an individual did fall within the meaning of the OPA.

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During its long history it has been used to prosecute novels and images, invoked by the police seizing pornographic magazines and on one infamous occasion, tested out in respect of online publication - the "Girls (scream) aloud" case - though then, the audience was likely to be counted in the dozens if not hundreds.Their judgment was published in full, earlier this week, by blogger Obscenity Lawyer, a solicitor and one of the UK's leading legal experts providing advice to defendants on matters of obscenity and extreme porn.The judgment states (par 21): There could be no sensible reason for the legislature having excluded otherwise obscene material from the scope of the legislation, merely because it was likely to be read by, and therefore liable to deprave and corrupt, only one person...This is legal dynamite - and in one single judgment catapults the UK to the back of the queue on a range of international indices on freedom of speech.The change to the law - or clarification as judges might describe it - came about in February when the Appeal Court ruled on a prosecution appeal in respect of an individual identified only as "GS".The OPA, broadly, does not criminalise any specific words or depictions.

Rather, it leaves it up to a jury to decide what will tend to "deprave or corrupt" - which over the years has meant NOT finding obscene Lady Chatterley's Lover, the infamous "Schoolkids" issue of Oz, Inside Linda Lovelace and, most recently, during the case of Michael Peacock, full-hand fisting, urination, staged kidnapping and rape.

The idea that one could be criminalised for possession of an image of an act that was itself lawful to carry out first emerged in respect of child abuse law – when it became a criminal offence to possess a picture of a 16- or 17-year-old engaged in sexual activity – and was then extended significantly with legislation on extreme porn.

The latter, initially forecast by its proponents to lead to no more than 30 or so cases a year, last year notched up over 1,300 prosecutions - and an unknown number of cautions.

Weight is added to this contention by the IWF, who have told us that while they continue to report obscene adult content, hosted within the UK and publicly available online, they would not assess what was written in "a private online conversation".

The real danger lies in the fact that the history of UK law on matters sexual over the last couple of decades is that principles first introduced to protect children are often extended over time to other areas.

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