Friday, 18 October 2019
Law in Action
Obscenity, indecency and incitement to racial hatred
- UK law = restrictions on freedom of expression by regulating and prohibiting the
publication and distribution of material that is obscene, indecent or racially
o ensive.
Legal regulations:
1) The Obscene Publications Act of 1959 and 1964
2) The indecent Displays (Controls) Act 1981
3) The Public Order Act 1986
The Obscene Publications Act: (general principles)
- Until 1959, the o ences of obscene publications was dealt under the common
law charge of obscene libel
- The test applied was R v Hicklin (1868)
- Now the law is used to prevent only the more distributing or dangerous
publications
R v Hicklin (1868):
- whether the tendency of the matter was dealt with under the common law charge
as obscene is to deprave and corrupt these whose minds are open to such
immoral in uences and into whose hands a publication of this sort may fall
- Old common law o end was supplemented but not abolished by the introduction
of the Obscene Publication Acts in 1959 and 1964
Obscenity:
- An article shall be deemed obscene if it e ect or (where the article compromises
two or more distinct items) the e ect of ant of its items, if taken as a whole, such
as to tend to deprave and corrupt persons who are likely, having regard to all the
relevant circumstances, to read, see or hear the matter contained or embodies in
it.
- Examples:
- Adult material in a sex shop
1
ff
fl ff ff ff ff
Law in Action
Obscenity, indecency and incitement to racial hatred
- UK law = restrictions on freedom of expression by regulating and prohibiting the
publication and distribution of material that is obscene, indecent or racially
o ensive.
Legal regulations:
1) The Obscene Publications Act of 1959 and 1964
2) The indecent Displays (Controls) Act 1981
3) The Public Order Act 1986
The Obscene Publications Act: (general principles)
- Until 1959, the o ences of obscene publications was dealt under the common
law charge of obscene libel
- The test applied was R v Hicklin (1868)
- Now the law is used to prevent only the more distributing or dangerous
publications
R v Hicklin (1868):
- whether the tendency of the matter was dealt with under the common law charge
as obscene is to deprave and corrupt these whose minds are open to such
immoral in uences and into whose hands a publication of this sort may fall
- Old common law o end was supplemented but not abolished by the introduction
of the Obscene Publication Acts in 1959 and 1964
Obscenity:
- An article shall be deemed obscene if it e ect or (where the article compromises
two or more distinct items) the e ect of ant of its items, if taken as a whole, such
as to tend to deprave and corrupt persons who are likely, having regard to all the
relevant circumstances, to read, see or hear the matter contained or embodies in
it.
- Examples:
- Adult material in a sex shop
1
ff
fl ff ff ff ff
