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Flashcards in Obscenity Deck (18)
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1
Q

What act covers obscenity?

A

Obscene Publications Act 1959

2
Q

What section defines obscene

A

S1(1)-article tend to deprave and corrupt persons having read/see it

3
Q

Shaw v DPP

A

Obscenity based on article not author

4
Q

s1(2)

A

Gives wide definition of article-anything containing or embodying matter to be read or looked at

5
Q

s1(3)

A

Gives wide definition of publication-distributes,circulates,gives etc

6
Q

R v Perrin

A

Visiting web page in England is reading a publication in this country even if website is based in another jurisdiction

7
Q

Handyside

A

Publicatioon was obscene so A10 limited to protect morals

8
Q

Hoare v UK

A

H prosecuted for distributing porn-inference was prescribed by law

9
Q

S1(3)(a)

A

Corresponding defence for having an obscene article for gain

10
Q

S2(5) Defence

A

If D proves there was ‘no reasonable cause to suspect article is obscene’

11
Q

S4(1)

A

Public good defence-only if jury establish obscenity

12
Q

Is it an offence to have an obscene publication for gain? and where is the defence

A

Yes, defence is in S1(3)(A)

13
Q

3 defences available in Obscene Publications Act 1959

A

S1(3)(A)-gain
S2(5)-no reasonable cause to suspect article is obscene
S4(1)-public good

14
Q

What other act relates to obscenity?

A

Criminal Justice and Immigration Act 2008

15
Q

What section makes it an offence to be in possession of porn?

A

s63(1)

16
Q

Where are defences for S63 in

A

S65 and S66

17
Q

When is there a defence in S65 (3)

A

legitimate reason

had not seen image or know it was an extreme pornographic image

not kept for an unreasonable time

18
Q

S66

A

Provides defence for those who create the images