Obscenity

Question 1

Human Right

Answer 1

Art 10 Freedom of expression
-qualified right

Question 2

Defintion

Answer 2

the extent to which there is a right to shock or offend under English law

Question 3

2 key statutes

Answer 3

-obscene publications act 1964
-criminal justice and immigration act 2008

Question 4

Obscene Publication Act 1964

Answer 4

section numbers that are low

Question 5

s2(1)

Answer 5

offence to publish obsence article for gain or not

Question 6

s1(1)

Answer 6

deemed obsence if deprave or corrupt person who reads, hears or sees it

Question 7

Depends upon article not author

Answer 7

Shaw v DPP

Question 8

s1(1) case

Answer 8

R v Gibson: freeze dried feotus

Question 9

s1(2)

Answer 9

Article
read, looked at, sound record, film or picture

Question 10

s1(3)

Answer 10

Publication
distributes, circulates, sells, let to hire, give or lends it

Question 11

Peacock 2012

Answer 11

Gain for D or another
including financial

Question 12

Is there proportionate means of achieving a legitimate aim

Answer 12

-Handyside v UK: book about sex

Question 13

Defence s2(5)

Answer 13

D proves no reasonable cause to suspect article is obsence

Question 14

Defence s4(1)

Answer 14

Public good, despite being obsence it can be justified
-Art, Science, Literature, learning
-R v Penguin Book: lady chatterly lover

Question 15

Criminal Justice and Immigration Act 2008

Answer 15

big number sections

Question 16

s63(1)

Answer 16

Offence to be in possession of extreme pornographic image

Question 17

s63(3)

Answer 17

Pornographic, produced specifically for the purpose of sexual arousal

Question 18

s63(7)

Answer 18

Extreme, explicit and realistically portrays specific matters of violence

Question 19

Defence s65

Answer 19

-legitimate reasons
-had not seen image or did not know
-image without request
-for not an unreasonable amount of time

Question 20

Defence s66

Answer 20

Special defence
-D directly participated
-not involve infliction of non consent serious harm