Obscenity Flashcards
What act covers obscenity?
Obscene Publications Act 1959
What section defines obscene
S1(1)-article tend to deprave and corrupt persons having read/see it
Shaw v DPP
Obscenity based on article not author
s1(2)
Gives wide definition of article-anything containing or embodying matter to be read or looked at
s1(3)
Gives wide definition of publication-distributes,circulates,gives etc
R v Perrin
Visiting web page in England is reading a publication in this country even if website is based in another jurisdiction
Handyside
Publicatioon was obscene so A10 limited to protect morals
Hoare v UK
H prosecuted for distributing porn-inference was prescribed by law
S1(3)(a)
Corresponding defence for having an obscene article for gain
S2(5) Defence
If D proves there was ‘no reasonable cause to suspect article is obscene’
S4(1)
Public good defence-only if jury establish obscenity
Is it an offence to have an obscene publication for gain? and where is the defence
Yes, defence is in S1(3)(A)
3 defences available in Obscene Publications Act 1959
S1(3)(A)-gain
S2(5)-no reasonable cause to suspect article is obscene
S4(1)-public good
What other act relates to obscenity?
Criminal Justice and Immigration Act 2008
What section makes it an offence to be in possession of porn?
s63(1)
Where are defences for S63 in
S65 and S66
When is there a defence in S65 (3)
legitimate reason
had not seen image or know it was an extreme pornographic image
not kept for an unreasonable time
S66
Provides defence for those who create the images
