Obscenity

Question 1

What act covers obscenity?

Answer 1

Obscene Publications Act 1959

Question 2

What section defines obscene

Answer 2

S1(1)-article tend to deprave and corrupt persons having read/see it

Question 3

Shaw v DPP

Answer 3

Obscenity based on article not author

Question 4

s1(2)

Answer 4

Gives wide definition of article-anything containing or embodying matter to be read or looked at

Question 5

s1(3)

Answer 5

Gives wide definition of publication-distributes,circulates,gives etc

Question 6

R v Perrin

Answer 6

Visiting web page in England is reading a publication in this country even if website is based in another jurisdiction

Question 7

Handyside

Answer 7

Publicatioon was obscene so A10 limited to protect morals

Question 8

Hoare v UK

Answer 8

H prosecuted for distributing porn-inference was prescribed by law

Question 9

S1(3)(a)

Answer 9

Corresponding defence for having an obscene article for gain

Question 10

S2(5) Defence

Answer 10

If D proves there was ‘no reasonable cause to suspect article is obscene’

Question 11

S4(1)

Answer 11

Public good defence-only if jury establish obscenity

Question 12

Is it an offence to have an obscene publication for gain? and where is the defence

Answer 12

Yes, defence is in S1(3)(A)

Question 13

3 defences available in Obscene Publications Act 1959

Answer 13

S1(3)(A)-gain
S2(5)-no reasonable cause to suspect article is obscene
S4(1)-public good

Question 14

What other act relates to obscenity?

Answer 14

Criminal Justice and Immigration Act 2008

Question 15

What section makes it an offence to be in possession of porn?

Answer 15

s63(1)

Question 16

Where are defences for S63 in

Answer 16

S65 and S66

Question 17

When is there a defence in S65 (3)

Answer 17

legitimate reason

had not seen image or know it was an extreme pornographic image

not kept for an unreasonable time

Question 18

S66

Answer 18

Provides defence for those who create the images