Other Laws Flashcards
Why does James Fitzjames Stephen, British lawyer and judge, think we should regulate pornography? (3)
1) Free expression can lead to erosion of community morality
2) Government should enforce dominant morality to strengthen society
3) Nothing is entirely private: private thought and action may affect us all, so people still shouldn’t enjoy erotic material in private
Why does Martin Redish, law school professor, think we shouldn’t regulate pornography?
Since people need an open flow of info & opinion to aid them in making electoral & governmental decisions, they also need such a free flow to guide them in other life-affecting decisions. And sexuality matters are pretty life affecting.
Where did Singapore’s law on sexuality explicit content originate from?
UK’s Hicklin test: material that tends to deprave (make someone immoral)/corrupt those whose minds are open to such immoral influences. But after 1959, if material had literary merit, it was not obscene.
In Singapore, what requirements must be met for a material to be deemed obscene? (2)
1) tends to deprave & corrupt persons who are likely to read, see or hear it
2) must be considered as a whole - some materials may not meet the test if only isolated parts are obscene
What are you prohibited to do with obscene materials in Singapore? (3)
1) possess
2) distribute
3) import
includes digital files, electronic transmission
What sites are ordered to block by IMDA? Why are they blocked?
- High-traffic porn sites, some with offensive religious content.
- IMDA thinks it’s a symbolic statement of our societal values, but they do not monitor/restrict individuals’ access to online content, including porn
In SG’s Penal Code 377BK, what does child abuse material constitute? (3)
Image of:
1) Person who is/appears to a reasonable observer/is implied to be below 16 years old
2) engaged in a sexual pose/activity (whether or not in the presence of another person)
3) of a human being, not fictional/imaginary. But includes image that closely resembles a human being (difficult for ordinary person to distinguish from image of human being)
What constitutes as an offence of Penal Code 377BK? (2)
1) possess or have gained access to child abuse material (must know/have reason to believe it is child abuse material)
2) making, distributing, selling, advertising, seeking it
What is the penalty for violating Penal Code 377BK?
prison, fine and/or caning
What is legal and illegal in US, regarding obscenity? (2)
1) Distribution can be criminalised
2) But legal for adults to possess obscenity (because they think the state doesn’t have the right to tell a man in his own house what he can read/watch)
What is the US Miller test for obscenity? (3)
Average person with contemporary community standards finds that the work, taken as a WHOLE,
1) appeals to prurient (excessively sexual) interest, AND
2) Depicts/describes, in a patently (clearly) offensive way, sexual conduct specifically defined by state law, AND
3) lacks serious literary/artistic/political/scientific value
Must meet all requirements (usually hardcore pornography), but prosecutions are rare
What meets US state definition of obscenity? (2)
1) offensive ultimate sexual acts
2) offensive representations of masturbation, excretory functions, lewd exhibition of genitals
What is not obscene and can be seen in US media? (3)
1) Bare breasts
2) Genitals (if not “lewd exhbition”)
3) (Simulated) sex acts that are not “patently offensive”
What constitutes US child pornography law? (3)
1) sexually explicit photos & videos of actual minors (below 18) are prohibited, including nudity
2) criminal offence to possess, create, distribute etc
3) virtual child porn allowed, only if wholly computer-generated
What is the rationale for US child pornography law?
State does not rely on a paternalistic (家長式管制) interest in regulating a consumer’s mind, but in preventing child abuse - because making child pornography involves child abuse. It is to eliminate “permanent record” of abuse.
How is Singapore law like on election surveys? (3)
1) blackout on publishing election survey results
2) from written command of election to closing of polls
3) criminal offence to publish
(to encourage voters to vote on their own will, not following the herd)
How is Singapore law like on other election-related expression? What are the 3 exceptions?
On polling & cooling off day (day before polling): prohibition against campaigning, ads, meetings, symbols
Exceptions: news, one-on-one communication, already published material
What are the licensing requirements for Singapore’s print newspapers? (2)
1) can require monetary deposit or other security, like a bond
2) newspaper company must have management shares & ordinary shares, unless authorities make an exception.
