Obscenity

Question 1

What article is this relevant for?

Answer 1

Article 10

Question 2

S.1 Obscene publication act 1959:

Answer 2

An obscene item which has the effect of tending to ‘deprave’ and corrupt people likely to hear or see it.
Deprave means to make morally bad, or to prevent or corrupt.
Corrupt means to make morally unsound, rotten, to destroy moral purity or chastity, to pervert or ruin a good quality.

Question 3

Which case does the common law test for obscenity come from?

Answer 3

R v Hicklin 1868.
Any content which will deprave, and corrupt those minds who are open to such immoral influences despite whether they have artistic or literary merit.

Question 4

Outline 3 obscenity cases?

Answer 4

R v penguin books 1961- Ban on lady Chatterley’s lover due to many 4 letter words and sex scenes.

Handyside v UK 1976 - Ban on the Little Red School book promoting port and masturbation to teenagers.

R v Anderson 1972 - Publications of ‘Oz’ magazine written by school age children and aimed at their age did include serious articles but also articles which seemed to encourage drug taking and cartoons with a sexual theme.

Question 5

Obscenity acts:

Answer 5

Theatres act 1968: Similar definition of obscenity to plays and performances

Broadcasting act 1990 - Similar rules of obscenity apply to live broadcasts.