What are the legal risks of using the dark web?
Quick answer
Using the dark web is not in itself illegal in the UK – but accessing illegal websites, or engaging in criminal activity through the dark web, is. The most frequently prosecuted dark-web offences are those relating to indecent images of children (maximum 10 years’ imprisonment under the Protection of Children Act 1978), buying or supplying controlled drugs (maximum sentences up to life imprisonment for supplying a Class A drug), and possessing illegal firearms (mandatory minimum 5 years’ imprisonment). Even inadvertent or accidental exposure to illegal content can result in prosecution if the prosecution can establish that the defendant had knowledge of it.
The dark web is often used for illegal criminal activity, which is why it is important to clarify exactly what it is and what the potential risks are for anyone using it.
In this post, we outline the law regarding the use of the dark web, how it is used for criminal activity, the sort of penalties you can face for an associated offence and what your options are if you are facing investigation and prosecution.
What is the dark web?
The dark web is a part of the internet which is not indexed by search engines and is only accessible through specialised web browsers, such as Tor (The Onion Router). It is often used to keep internet activity anonymous and private.
For this reason, the use of the dark web has been commonly associated with illicit illegal activity, such as accessing illegal drugs, prohibited firearms and indecent images including child pornography and extreme pornography.
Is using the dark web illegal in the UK?
The act of using the dark web is not illegal, but accessing or hosting illegal websites on the dark web, or using the dark web for criminal activity, is a punishable offence.
The punishment you receive for accessing certain websites on the dark web will depend on the content contained within that site and what you use it for. For example, the punishment you receive for buying or selling illegal drugs on the dark web will differ compared to accessing or publishing indecent images.
The range of punishments you may receive for some of the most common dark web offences are as follows:
Offence category | Maximum penalty | Statute |
|---|---|---|
Possession of extreme pornography | 3 years' imprisonment. Anyone sentenced to 2+ years is placed on the Violent and Sex Offender Register. | (not named in this article) |
Taking, permitting, making, distributing or possessing indecent images of children | 10 years' imprisonment. | Protection of Children Act 1978 |
Possession of indecent images of children | 5 years' imprisonment. | Section 160 Criminal Justice Act 1988 |
Possession of a Class C drug (purchased via the dark web) | 2 years' imprisonment, an unlimited fine, or both. | (not named in this article) |
Supplying a Class A drug (via the dark web) | Life imprisonment, an unlimited fine, or both. | (not named in this article) |
Possession of an illegal firearm (age 21+) | Mandatory minimum 5 years' imprisonment. | (not named in this article) |
Possession of an illegal firearm (age 18–20) | Mandatory minimum 5 years in a young offender institute. | (not named in this article) |
Possession of an illegal firearm (age 16–17) | Mandatory minimum 3 years in a young offender institute. | (not named in this article) |
Indecent images offences via the dark web
If you are found guilty of viewing indecent images on the dark web, there are a range of different charges you might face, depending on the circumstances of your individual case.
The maximum sentence you can receive for possession of extreme pornography is up to three years’ imprisonment. Anyone who is sentenced to at least two years’ imprisonment for an extreme pornography offence will also be placed on the Violent and Sex Offender Register.
With regard to viewing indecent images of children, you will likely be sentenced under the two main offence-creating provisions:
- Section 1 of the Protection of Children Act 1978 (PCA 1978); and
- Section 160 of the Criminal Justice Act 1988 (CJA 1988)
Offences under the Protection of Children Act 1978 include taking, permitting to be taken and making child pornography, distributing child pornography, or possessing child pornography. If anyone is found guilty of committing these sexual offences, they could face a maximum possible sentence of 10 years’ imprisonment.
Offences under the Criminal Justice Act 1988 include possession of child pornography with a maximum sentence of five years’ imprisonment.
Drugs offences related to the dark web
Authorities have been increasingly cracking down on the use of the dark web to solicit illegal drug activities. In 2020, a BBC report revealed that police forces around the world carried out a co-ordinated raid on dark web marketplaces (or darknet markets), seizing 500kg of illegal drugs. As part of the raids, four people from the UK were arrested.
You can receive a prison sentence if you are found guilty of taking, carrying, making or dealing (also called supplying) illegal drugs.
The severity of the punishment you receive will depend on the type of drug, the amount in your possession and whether you played a role in producing or supplying it.
For instance, if you are found in possession of a Class C drug you purchased through the dark web, you will face a maximum of two years in prison, an unlimited fine, or both. By way of contrast, if you are supplying a Class A drug through the dark web, you can face life in prison
A full list of the penalties you can receive for drug offences in the UK can be found on the government website.
Illegal firearm offences related to the dark web
The dark web makes it possible to purchase illegal firearms and ammunition. These are serious offences, reflected by the penalties you might receive if you are found guilty.
The mandatory minimum sentence for an offence related to the possession of an illegal firearm is 5 years’ imprisonment for anyone aged 21 and over. For those aged 18 to 20, the minimum is 5 years in a young offender institute and 16 to 17-year-olds face a minimum of 3 years in a young offender institute.
In 2019, a teenager from Shropshire was sentenced to 16 years’ imprisonment after he was found guilty of purchasing a gun and ammunition through the dark web.
Can you be prosecuted for accidentally accessing illegal content on the dark web?
Yes – the offence of ‘making’ an indecent image of a child can be committed by someone who did not deliberately seek out the image, including in cases where the image appeared as a pop-up while accessing other content on the dark web. The same applies in principle to other illegal content. However, the prosecution must prove that the defendant had knowledge that the content was, or was likely to be, illegal.
In practice, accidental-exposure cases turn on factors such as:
- Whether the defendant had reason to suspect the nature of the websites they were accessing.
- Whether they took any immediate steps to close, delete or report the image rather than continuing to view it.
- Whether the evidence suggests a one-off exposure or repeated or sustained viewing.
- The defendant’s wider browsing history, the websites visited around the time of the alleged offence, and what else is on the device.
If you have inadvertently encountered illegal content on the dark web and are facing investigation, the most important first step is to take specialist legal advice before any police interview – see our guide to accidentally viewing indecent images, which covers this exact scenario in more detail.
What are your rights if you are arrested for using the dark web?
If you are arrested for committing an offence related to the dark web, you will likely be taken to a police station for further questioning.
If the police arrest you, they are required to caution you by using the following words: “You do not have to say anything. But it may harm your defence if you do not mention when questioned something which you later rely on in court. Anything you do say may be given in evidence.”
The police must explain exactly why you are being arrested and the crimes they believe you have committed.
You should never answer any questions from the police without a solicitor present.
After a police interview, the police may release under investigation, or you may be charged and released on bail. A date will then be set for your court appearance.
Get immediate specialist legal advice about using the dark web
If you have been arrested for accessing illegal websites on the dark web, our criminal defence solicitors are on hand to lend their expertise.
You can contact us 24 hours a day, seven days a week, for an immediate, free initial consultation, expert legal advice, and representation.
You can contact our specialist criminal defence lawyers in London, Birmingham and Manchester by telephone on:
- Central London Office: 0207 624 7771
- West Hampstead Office: 0207 624 7771
- Manchester Office: 0161 835 1638
- Birmingham Office: 0121 614 3333
Or email: solicitors@jdspicer.co.uk
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Please get in touch for a free consultation with one of our expert criminal defence solicitors, as well as immediate representation and advice for accessing the dark web.
We are available to represent clients all over England and Wales at any time. Please contact our emergency number: 07836 577 556.
- London Central - Head Office: 020 7624 7771
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Or email: solicitors@jdspicer.co.uk
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