Obscene Publications AO1

What is the meaning of ‘obscenity’?

That an item is likely to ‘deprave and corrupt’ the people viewing it.

What type of offence is ‘outraging public decency?’

A Common Law Offence

What did Shaw&Gibson define ‘outraging public decency’ to be?

When an item goes beyond and corrupts public morals

What does ‘deprave’ mean?

It is pervert and morally corrupt

(eg Lady Chatterleys Lover’ Book = banned)

Do you have to prove that D intended to ‘deprave’ a viewer?

No- no need to prove intention

Where is the meaning of ‘obscenity’ set out?

The Obscene Publications Act 1959

What is Section 1(2)?

Publication includes a wide range of media (films, journalism, music, photography)

What is Section 2(1)?

It is a public offence to publish an obscene article for gain

(Protects artists to some extent)

What does Section 4 set out?

The defence: if its for public good (eg in the interests of science/education)

What does the (updated) Obscene Publications Act 1964 set out?

Includes ‘gain for another’ which further restricts the law