Obscenity Flashcards
What is the significance of Article 10 of the European Convention on Human Rights (ECHR)?
It grants the right to freedom of expression but allows for restrictions for legitimate reasons such as protection of health, morals, or rights of others.
How does society’s permissiveness affect the concept of obscenity?
Obscenity is subjective; what is considered obscene to one may not be to another, particularly in a more permissive society.
What was established in Handyside v United Kingdom (1976) regarding obscenity laws?
The ECtHR acknowledged that prosecutions under obscenity laws were permissible if Article 10 provisions were properly applied.
What is the primary focus of English law regarding the right to shock or offend?
It examines to what extent there is a right to shock and/or offend under English law and the ECHR.
What are the two main statutes dealing with obscene publications in the UK?
- Obscene Publications Act 1959 (OPA 1959) 2. Criminal Justice and Immigration Act 2008 (CJIA 2008)
What does Section 2(1) of the Obscene Publications Act 1959 define as an offense?
It is an offense to publish an obscene article for gain or to possess one for publication for gain.
How is ‘obscene’ defined under Section 1(1) of the Obscene Publications Act 1959?
An article is deemed obscene if its effect tends to deprave and corrupt persons likely to encounter it.
What did the Court of Appeal rule regarding obscenity in Shaw v DPP (1962)?
Obscenity is determined by the article itself, not by the author’s intentions.
What is the definition of ‘publication’ under Section 1(3) of the Obscene Publications Act 1959?
Publication includes distributing, circulating, selling, showing, or transmitting an article.
What precedent was set by R v Perrin (2002) concerning internet publications?
Viewing a webpage in England is considered reading a publication in the UK, regardless if the website is hosted abroad.
What defences exist under Section 2(5) of the Obscene Publications Act 1959?
A defendant can claim a defense if they had no reasonable cause to suspect the article was obscene.
What defense is provided under Section 4(1) of the Obscene Publications Act 1959?
A ‘public good’ defense can be established if the defendant proves publication was in the interests of science, literature, art, or learning.
What were the implications of the Obscene Publications Act 1964?
It amended the OPA 1959, criminalizing possession of an obscene publication for gain.
What did R V Calder and Boyars (1969) establish regarding jury consideration?
Jurors should balance the harmful effects of obscene material against its literary or educational merit.
What do the 2019 CPS guidelines indicate about pornography?
Pornography depicting legal acts between consenting adults will not be prosecuted under the OPA 1959 if no serious harm is caused.
What was the outcome of the case R v Peacock (2012)?
The jury acquitted Peacock on charges of publishing extreme pornographic videos as it was determined the viewers were aware of the content.
What is defined as an ‘extreme pornographic image’ under the Criminal Justice and Immigration Act 2008?
An image produced solely for sexual arousal that also portrays explicit violence or is grossly offensive.
What is the burden of proof for defenses under the Criminal Justice and Immigration Act 2008?
The burden is on the defendant to prove they had a legitimate reason for possession or were unaware of the image’s nature.
How does the Criminal Justice and Immigration Act 2008 differ from the Obscene Publications Act 1959?
The CJIA specifically makes it an offense to possess an extreme pornographic image, whereas the OPA deals with publishing obscene articles.
What does Section 66 of the CJIA provide for participants in extreme pornographic images?
It provides a specific defense for those who participate in the creation of extreme pornographic images.
What limitation exists for the ‘public good’ defense concerning moving picture films under the OPA?
The ‘public good’ defense does not apply to moving pictures or soundtracks, but they can be defended under a different provision.
What legal proceedings occurred in R v Holland (2010) involving extreme pornography?
The defendant was acquitted after a video of sexual acts with a tiger was deemed to lack sufficient evidence of intent to cause harm.
In R v Dymond (2010), what was the nature of the extreme pornographic image involved?
The case involved possession of an extreme image depicting sexual acts with a dead squid.
What concerns remain about the effectiveness of the Obscene Publications Act?
Critics question whether the OPA acts are outdated and whether they adequately protect against non-extreme but still harmful pornography.
