Obscenity

Question 1

Art 10

Answer 1

• Offence to express yourself in way which may be considered obscene
• Art 10 qualified so may be restricted

Question 2

Obscene Publications Act 1959

Answer 2

• S.1(1) = test for obscenity: “likely to deprave or corrupt people who read/ hear/ see”
  –> Deprave = make morally bad/ perverse/ corrupt
  –> Corrupt = make morally unsound/ rotten/ destroy moral purity/ chastity
• S.1(2) = covers articles/ sound recordings/ film/ pictures
• S.4 = excludes materials for public good (literature/ science/ education/ learning)

Question 3

Other statute

Answer 3

• Obscene Publications Act 1964 = make gains from obscene publications (Handyside v UK)
• Theatres Act 1968 = obscene play/performance
• Live Broadcast Act 1990 = broadcasting materials which would deprave/corrupt

Question 4

Outraging public decency

Answer 4

• Protect public where no obvious statute (Shaw v DPP, Gibson)