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But that was before an appeal brought by the prosecution in February of this year, and the appeal court ruling in which three appeal judges - Lord Justice Richards, Mr Justice Kenneth Parker and Mr Justice Lindblom - ruled unequivocally that publication to an individual did fall within the meaning of the OPA.

Their judgment was published in full, earlier this week, by blogger Obscenity Lawyer, a solicitor and one of the UK's leading legal experts providing advice to defendants on matters of obscenity and extreme porn.

A ruling slipped out quietly by the Appeal Court earlier this year, and lurking in the background while the substantive case to which it applied came to court, makes it plain: the act of publishing as defined within the Obscene Publications Act can take place with an audience of just one individual.

much of an update, but it certainly makes direct messaging a bit more seamless than it once was.

Before this update, Instagram initially featured these weird bubbles on the top bar to represent ephemeral photo and video messages from friends.

What was particularly innovative was that the material in question was a series of text logs of online chats between GS and one other individual.

Initially, the legal reaction was that such a case could not possibly succeed - and that was pretty much the view of the judge who threw it out when first it arrived at Maidstone Crown Court in November 2011.

Assistant State's Attorney Patrick Moran was charged with possession and distribution of child pornography.