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Gary Ticehurst And Mark Kelly Convicted For 'WhatsApp Porn' They Didn't Even WATCH

01/08/2014 16:06 BST | Updated 04/08/2014 14:59 BST
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PICTURE POSED BY MODELUndated photo of a man looking at a mobile phone. Clarification is needed on the law around "revenge porn" and when it could lead to a prosecution, a committee of peers has said.

Two men have been convicted for "storing" extreme porn on their smartphones -- despite the fact they were sent it by a third party, and in one case didn't even watch it.

Defendants Gary Ticehurst and Mark Kelly were both sent images and videos from another person via WhatsApp.

It is not entirely certain what the clip involved but the charges faced by Kelly -- "one count of possessing an extreme pornographic image likely to cause injury, and three counts of possessing pornographic images involving animal" -- makes it pretty clear.

Old Bailey judge Paul Worsley QC said that the video had been sent for "shock value".

After admitting the charges, Kelly said in court:

"I deleted the videos from my Whatsapp, but I had no ideas they would save to my camera roll.

"I didn't even watch the full content of the video. It was very sick and disturbing."

"

Ticehurst, who also pleaded guilty, said:

"They (the files) were on my phone for two months, I completely forgot about them.

"I thought they were disgusting and decided not to look at them."

In sentencing them with what he called "lenient" punishments of £500 costs and a two-year conditional discharge, the judge said:

"You have pleaded guilty to possessing truly disgusting images. It makes a big difference if someone goes out of their way to seek it, or if they're sent it by some mischievous colleague.

"In your case it was unsolicited. This is an exceptional case in some ways. The public should not find this carte blanche to possess material of this nature."

The lesson? Check what's on your phone, make sure you're not storing anything illegal, and maybe review who has access to your WhatsApp username.