An important article by legal academic Alex Dymock, clarifying the extent of what remains a confused and confusing piece of legislation, explains the background to the Walsh case.
Present throughout the case, she covers why it raises new and important questions about the legal status of possessing images of consenting adults engaging in kinky sex acts, even if the acts themselves are legal to practice.
This landmark case also indicates you could be prosecuted for images found in your email that you neither requested nor opened.
“In conclusion, the case of Walsh will raise serious concerns, not simply for anyone who partakes in and records “extreme” sexual activities, but also for anyone who uses online email.
It suggests that a single ill-advised click of the mouse could land you in court.
The inquiry and subsequent trial have caused utter devastation to Simon Walsh’s life and career.
When a case as flimsy as Walsh’s is taken by the CPS as far as Crown Court, it seems quite clear whom Section 63 aims to protect, and whom it aims to punish.”