Obsenity Flashcards
Describe the concept of obscenity under Article 10 ECHR?
Obscenity is a qualified right under Article 10ECHR which allows for restrictions of freedom of expression for legitimate reasons such as the protection of health and morals or the right of others
Explain the significance of the Obscene Publications Act 1959?
The obscene publications act 1959 defines what constitutes an obscene article and males it an offence to publish or possess such articles for gain
Define what is considered an obscene article according to the Obscene Publications Act 1959?
An article is deemed obscene if its effect tends to deprave and corrupt persons likely to read, see or hear it as defined in Section 1(1) of the act.
How does the law differentiate between obscenity and freedom of expression?
The law recognizes freedom of expression as a right but allows for its restriction in cases where it may harm health, morals, or the right of others
What does the term ‘publication’ encompass under the Obscene Publications Act 1959
Publications includes distributing, circulating, selling, lending or showing any article that contains obscene material as defines in Section 1(3) of the Act
Explain the implications of the Shaw v DPP case regarding public morals
The Shaw v DPP case established that corrupting public morals can be considered an offence under obscenity laws
Describe the broad definition of ‘article’ under the Obscenity Publications Act
an article includes anything that can be read or looked at, e.g. sound records, films or any other visual representations as defined in Section 1(2) of the act
Do the definitions of obscenity vary between individuals in society
Yes, what is considered obscene can vary significantly between individuals especially in more permissive societies
How does the Criminal justice and Immigration act 2008 relate to obscenity laws
The criminal Justice and Immigration Act is one of the key that, along with the obscene publications act, addresses issues of obscenity in English law
Describe the significance of electronically transmitted data via the internet i legal terms
It constitutes a publication
explain the ruling in R v Perrin regarding web page viewing
Viewing a web page in England is considered reading a publication in the country regardless of the websites location
What does the term ‘margin of appreciation’ refer to in the context of Article 10 ECHR
It allows parliament to determine what is necessary in a democratic society regarding restrictions on freedom of expression
Summarize the findings of the ECHR in Handyside v UK
The court found that the OPA legitimately aims to protect morals and that the actions taken were necessary to promote this objective within the UK’s margin of appreciation
Describe the case of R v Calder and Boyars and its outcome
Defendants were charged with publishing an obscene article but argued it would only deprave a small fringe of readers. The court ruled it was not obscene as it would not deprave enough readers
Define the defense available under s2(5) OPA regarding obscenity
A defendant can claim a defense if they prove there was ‘no reasonable cause to suspect that the article is obscene’
Explain the public good defense under Section 4(1) of the OPA
This defense can be used if the jury established that the article is obscene and it is proven that its publication is justified in the public good for interests like science literature or art.
What limitations exist for the public good defense in relation to moving pictures or soundtracks
The public good defense does not apply to moving picture films or soundtracks but there is comparable defense under s4(1A) for these media
How does s4(1A) provide a defense for moving films or soundtracks
It allows for defense if the publication is justified as being in the public good for interests in drama, opera, ballet or other arts
Describe the main purpose of the Obscene Publications Act
The main purpose of the Obscene Publications act is to make it an offence to have an obscene publication for gain which can include financial gain or deriving pleasure from the article
Explain the term gain in the context of the obscene publications act
The term gain the context of the obscene publications act is significant as it encompasses not only financial profit but also forms of benefit, such as personal pleasure derived from the obscene publication
Do calls for the repeal of the obscene publications act reflect its effectiveness
Yes, calls for the repeal of the obscene publications act reflect concerns about its effectiveness, as there have been very few prosecutions under the law
How does the Criminal Justice and Immigration act 2008 change the legal landscape regarding extreme pornography
The criminal justice and Immigration act 2008 shifts the burden of responsibility from producers and distributors of extreme pornography to individuals who merely possess such images
define what constitutes an extreme pornographic images under the Criminal Justice ad Immigration act
An extremely pornographic image is defined as an image that explicitly and realistically portrays specific matters such as certain violence and is considered grossly offensive, disgusting or of obscene character
explain the criteria for an image to be classified as ‘pornographic’ according to section 63
an image is classified as pornographic if it is assumed to have been produced solely or principally for the purpose of sexual arousal
What general defenses are provided under Section 65 of the CJI act
Section 65 provided general defenses for possession of an extreme pornographic image if the accused had legitimate reason for possession or if they had not seen the image and had cause to suspect it was extreme
Describe the specific defenses available under section 66 for individuals involved in creating extreme pornographic images
section 66 provided a specific defenses for individuals who participate in the creation of extreme pornographic images, allowing them to defend their actions under certain circumstances
How does the law address unsolicited extreme pornographic images according to Section 65?
According to Section 65, a defendant may have a defence if they possess an unsolicited extreme pornographic image that is not kept for an unreasonable time.
Describe the case of R v Holland (2010).
Andrew Holland was charged with possessing extreme pornography related to a video depicting a sexual act between a human and a tiger. The charge was withdrawn when it was revealed that the video was a joke, as one actor referenced Tony the Tiger, proving the tiger was not real.
Explain the controversy surrounding extreme pornography laws as highlighted in R v Dymond
The case of R v Dymond raised concerns among civil libertarians about the restrictions on consenting adults recording and disseminating their sexual activities, arguing that outside of child pornography, such activities should not be heavily regulated.
How did the BBC article suggest changes to obscene publication laws in England and Wales in 2019?
The article indicated that the rules regarding pornography were relaxed, stating that owning or producing pornographic material is unlikely to be prosecuted if it features consenting adults, causes no serious harm, is not linked to other
Define the criteria under which pornographic material is unlikely to be prosecuted according to the 2019 guidance.
The criteria include: featuring consenting adults, clear provision of consent, no serious harm caused, no links to other criminality, and the audience being over 18.
What was the outcome of the charge against Andrew Holland in R v Holland (2010)?
The charge was withdrawn after it was discovered that the video was a joke, leading to embarrassment for the Crown Prosecution Service.
Do civil libertarians support the current laws on extreme pornography?
Many civil libertarians oppose the current laws, believing that consenting adults should have the freedom to engage in and record their sexual activities without restrictions, except in cases involving child pornography.
Explain the significance of the soundtrack in the R v Holland case
The soundtrack of the video included a comment about Tony the Tiger, which indicated that the video was not serious and was intended as a joke, leading to the withdrawal of the charge.
What implications do the relaxed porn rules have for the production of adult content?
The relaxed rules imply that as long as the content features consenting adults, does not cause serious harm, and meets other specified criteria, individuals may produce and own pornographic material without fear of prosecution.
