Obscenity

Question 1

UK law to protect “shock, disturb and offend” from article 10

Answer 1

Obscene Publications Act 1959

Question 2

s.1

Answer 2

Obscene item is something “tending to deprave and corrupt” those likely to read, hear or see it

Question 3

s.1(2)

Answer 3

Includes matter to be read, looked at or both, and sound record, and any film or other record of a picture or pictures

Question 4

s.4

Answer 4

defence applies if it is in interests of “science, literature, art or learning or of other expressions”

Question 5

Case law

Answer 5

R v Penguin Books; R v Anderson; Handyside v UK

Question 6

AOP’s

Answer 6

Obscene publications act 1964 - added about making profits
Theatres Act 1968 & Broadcasting Act 1990 - extend to cover plays and TV shows; s.63 CJIA 2008 includes possession of extreme porn

Question 7

Common law offence - outraging public decency

Answer 7

Created in Shaw v DPP - used when no protection under obscene publications act
Confirmed in Knuller and R v gibson and silviere