New November 6 law could see you in serious trouble for WhatsApp group chat

New November 6 law could see you in serious trouble for WhatsApp group chat Tough new legislation is in force from Friday and a lawyer has explained why you need to be aware People who receive explicit images in group chats could find themselves facing criminal charges if they remain on their phones, with new pornography laws coming into force from Friday, November 6. A WhatsApp message could leave you facing a criminal investigation – and potentially even a prison sentence – if an explicit image is automatically saved to your phone, a legal expert has warned. People who receive unwanted images in group chats may be unaware that keeping certain material on their device could amount to a criminal offence, even if they never asked for it or deliberately downloaded it. The warning comes as significant changes to pornography laws take effect on November 6, creating new offences around possessing certain types of sexually explicit material. Ruth Peters, from criminal defence specialists Olliers Solicitors, says her firm has encountered around 10 current or ongoing cases in which people have faced serious consequences after images received in group chats were discovered on their phones. She said: “People arrested for offences where the police need to examine their phones will often have their devices checked by officers. An image automatically saved from a group chat can lead to very serious charges. “While receiving an image you have not asked for is not necessarily an offence, if that image stays on your device for a period of time, you could potentially face prosecution. Even if you didn't specifically opt to save that image, it may still remain on your device.” In some cases, the consequences can extend well beyond the criminal investigation itself. Ruth has dealt with a case in which a person received a bestiality image through a group chat. The image was discovered when their phone was examined as part of an investigation into an unrelated matter which ultimately resulted in no further action. Although the image offence was dealt with by way of a caution, the Disclosure and Barring Service was subsequently considering whether the individual should be placed on a barred list, potentially affecting their employment. The case highlights how an image shared as part of an online WhatsApp group can have consequences that last long after the original message was received. What is changing on November 6? The new rules, introduced under the Crime and Policing Act 2026, make it a criminal offence in England and Wales to possess or publish certain categories of pornography which explicitly and realistically depict: - Strangulation or suffocation: Sexual images showing one person strangling or suffocating another. - Incest-themed pornography: Penetrative sexual activity between people who appear to be related, or are pretending to be related, in specified circumstances. - Adults pretending to be under 16: Sexual activity involving people who appear to be, or are pretending to be, under the age of 16. The legislation is significant because it criminalises possession as well as publication. This means someone does not have to create, upload or share the material to potentially commit an offence. The maximum prison sentences for possession are two years for images depicting strangulation or suffocation and certain incest-themed material, rising to three years for pornography depicting sexual activity involving someone who is, or is pretending to be, under 16. Those who publish the material face a maximum sentence of five years. Importantly, the new offences do not cover every explicit image received online. They apply to specific categories of pornography meeting the legal tests, including requirements that the images depict people who appear to be real. Could an automatically saved image get you into trouble? Under the new legislation, possession is not limited to someone actively viewing an image. Government guidance says it can include having an image stored on a phone, in a personal account or in cloud storage. This could potentially create problems for people whose messaging apps automatically download pictures and videos without them actively choosing to save them. However, there are important legal protections. Someone who receives an image without asking for it may have a defence if they do not keep it for an unreasonable length of time. There are also defences where someone has not previously seen the image and did not know, or have reason to suspect, that it fell within the prohibited categories. Ruth says people should not assume that material is harmless simply because it was legally available online or involved consenting adult performers. You need to know what is on your device She said: “The important thing is to understand that possession can be a continuing act. It is not necessarily about whether you actively went looking for something or whether you downloaded it yourself. People need to be aware of what is on their devices and understand that images shared in group chats can have serious consequences.” The Government has advised anyone who already possesses material covered by the new offences to permanently delete it or otherwise get rid of it before November 6, when the legislation comes into force. For anyone concerned about an image they have received, taking legal advice is important, particularly where the material may fall within existing criminal offences. The new rules follow the Independent Pornography Review led by Baroness Bertin, which examined the potential harms associated with certain forms of pornography and their influence on behaviour.