Obsenity

Question 1

Describe the concept of obscenity under Article 10 ECHR?

Answer 1

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

Question 2

Explain the significance of the Obscene Publications Act 1959?

Answer 2

The obscene publications act 1959 defines what constitutes an obscene article and males it an offence to publish or possess such articles for gain

Question 3

Define what is considered an obscene article according to the Obscene Publications Act 1959?

Answer 3

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.

Question 4

How does the law differentiate between obscenity and freedom of expression?

Answer 4

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

Question 5

What does the term ‘publication’ encompass under the Obscene Publications Act 1959

Answer 5

Publications includes distributing, circulating, selling, lending or showing any article that contains obscene material as defines in Section 1(3) of the Act

Question 6

Explain the implications of the Shaw v DPP case regarding public morals

Answer 6

The Shaw v DPP case established that corrupting public morals can be considered an offence under obscenity laws

Question 7

Describe the broad definition of ‘article’ under the Obscenity Publications Act

Answer 7

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

Question 8

Do the definitions of obscenity vary between individuals in society

Answer 8

Yes, what is considered obscene can vary significantly between individuals especially in more permissive societies

Question 9

How does the Criminal justice and Immigration act 2008 relate to obscenity laws

Answer 9

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

Question 10

Describe the significance of electronically transmitted data via the internet i legal terms

Answer 10

It constitutes a publication

Question 11

explain the ruling in R v Perrin regarding web page viewing

Answer 11

Viewing a web page in England is considered reading a publication in the country regardless of the websites location

Question 12

What does the term ‘margin of appreciation’ refer to in the context of Article 10 ECHR

Answer 12

It allows parliament to determine what is necessary in a democratic society regarding restrictions on freedom of expression

Question 13

Summarize the findings of the ECHR in Handyside v UK

Answer 13

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

Question 14

Describe the case of R v Calder and Boyars and its outcome

Answer 14

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

Question 15

Define the defense available under s2(5) OPA regarding obscenity

Answer 15

A defendant can claim a defense if they prove there was ‘no reasonable cause to suspect that the article is obscene’

Question 16

Explain the public good defense under Section 4(1) of the OPA

Answer 16

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.

Question 17

What limitations exist for the public good defense in relation to moving pictures or soundtracks

Answer 17

The public good defense does not apply to moving picture films or soundtracks but there is comparable defense under s4(1A) for these media

Question 18

How does s4(1A) provide a defense for moving films or soundtracks

Answer 18

It allows for defense if the publication is justified as being in the public good for interests in drama, opera, ballet or other arts

Question 19

Describe the main purpose of the Obscene Publications Act

Answer 19

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

Question 20

Explain the term gain in the context of the obscene publications act

Answer 20

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

Question 21

Do calls for the repeal of the obscene publications act reflect its effectiveness

Answer 21

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

Question 22

How does the Criminal Justice and Immigration act 2008 change the legal landscape regarding extreme pornography

Answer 22

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

Question 23

define what constitutes an extreme pornographic images under the Criminal Justice ad Immigration act

Answer 23

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

Question 24

explain the criteria for an image to be classified as ‘pornographic’ according to section 63

Answer 24

an image is classified as pornographic if it is assumed to have been produced solely or principally for the purpose of sexual arousal

Question 25

What general defenses are provided under Section 65 of the CJI act

Answer 25

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

Question 26

Describe the specific defenses available under section 66 for individuals involved in creating extreme pornographic images

Answer 26

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

Question 27

How does the law address unsolicited extreme pornographic images according to Section 65?

Answer 27

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.

Question 28

Describe the case of R v Holland (2010).

Answer 28

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.

Question 29

Explain the controversy surrounding extreme pornography laws as highlighted in R v Dymond

Answer 29

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.

Question 30

How did the BBC article suggest changes to obscene publication laws in England and Wales in 2019?

Answer 30

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

Question 31

Define the criteria under which pornographic material is unlikely to be prosecuted according to the 2019 guidance.

Answer 31

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.

Question 32

What was the outcome of the charge against Andrew Holland in R v Holland (2010)?

Answer 32

The charge was withdrawn after it was discovered that the video was a joke, leading to embarrassment for the Crown Prosecution Service.

Question 33

Do civil libertarians support the current laws on extreme pornography?

Answer 33

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.

Question 34

Explain the significance of the soundtrack in the R v Holland case

Answer 34

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.

Question 35

What implications do the relaxed porn rules have for the production of adult content?

Answer 35

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.