Kent Police have charged an individual with nine offences under the Obscene Publications Act 1959 (OPA) in a case that could potentially see online chat in the UK subjected to a much stricter regulation regime.

A Kent Police spokeswoman confirmed to The Register it had brought the charges against the individual, and that these charges relate to online chat.

The individual is also charged with two offences of making indecent images of children and four of possessing indecent images of children. They have been bailed pending their next court appearance at Dartford magistrates on 6 May.

The implications of this case, if it proceeds, could be legal dynamite. At present, under the Obscene Publications Act, a publication is obscene if its overall effect is to tend to deprave and corrupt persons who are likely ... to read, see or hear it. For the purposes of the law, publication appears to involve distribution, circulation, selling or giving an article to a third party.

The idea that a conversation – albeit one embodied in text chat – can be considered to be published would be fairly radical.

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As already reported by The Register, Kent Police are in the process of using the Obscene Publications Act as a means to prosecute an individual, Gavin Smith, of Swanscombe for publishing obscenity in respect of a log of a private online chat he had with another individual.

This case has now been given the green light to proceed.

Due to reporting restrictions, theregister.co.uk are unable to give any further details of the alleged content of the conversation at this point in time.

The legal principle at stake here is whether internet chat constitutes publication in the ordinary sense of the word, or can be treated as private conversation. If the former is the conclusion, then anyone with even a passing interest in more extreme fantasies (not just underage, but also BDSM, rape and other matters currently covered by the extreme porn laws) may need to be very careful in respect of any online conversations they have in future. IRC will no longer be quite the refuge of the bizarre and the outlandish it once was.

Yesterday's hearing, before magistrates in Gravesend (the date was moved from May 6) resulted in the date of a committal hearing being agreed for 9 July. At that time, a judge may decide that the case has no legal merit. Otherwise, a date will then be set for trial, and the seriousness of this matter will escalate another notch.

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Gavin Smith has been charged with two counts of making indecent images of children, four counts of possessing indecent images of children, and nine offences under the Obscene Publications Act.

The prospect of a dramatic extension of the Obscene Publications Act is once more back on the agenda, as the Crown Prosecution Service last week re-opened a case in which an individual is accused of obscene publishing in respect of a private online chat.

A prosecution was originally brought in May of this year against Gavin Smith whose log of a private online chat he had with another individual was deemed by Kent Police to be obscene.

When the case first came before magistrates, it was discharged on arguments of no case to answer.

The CPS have since received new evidence in this matter and, following a review, have decided to re-charge Smith. There will now be a hearing on 30 November.