Obscenity

Question 1

What is the test for obscenity under the Obscene Publications Act 1959?

Answer 1

S.1(1) = “likely to deprave or corrupt people who read, hear or see”
- Deprave = make morally bad, perverse or corrupt
- Corrupt = make morally unsound or rotten, or to destroy moral purity or chastity

Question 2

What is the scope of the Obscene Publications Act 1959?

Answer 2

S.1(2) = covers articles, sound recordings, film and pictures

Question 3

What are excluded from the scope of the Obscene Publications Act 1959?

Answer 3

S.4 = excludes materials for public good
- Literature
- Science
- Education or learning

Question 4

What statutes cover obscenity?

Answer 4

• Obscene Publications Act 1959 + 1964 - offence to make gains from obscene publications (Handyside v UK)
• Theatres Act 1968 - offence to do obscene play or performance
• Live Broadcasting Act 1990 = offence to broadcast material which would deprave or corrupt

Question 5

Explain the common law offence of outraging public decency

Answer 5

Used to protect the public where there is no obvious statute (Shaw v DPP, Gibson + Sylviere)