obscene publications act 1964 summary

06/12/2020 Uncategorized

Obscene Publications Act 1959 and 1964. A i by inserting in section three at the end of the definition.This Act may be cited as the Obscene Publications wtitla. Unfortunately, the concept of what is indecent or obscene is not clearly or succinctly defined in UK law and many of the applicable laws are couched in oblique terms and leave scope for subjectivity, especially as behaviour will be judged against prevailing standards. ... (1964) Voting Rights Act (1965) Title IX (1972) Endangered Species Act (1973) Americans with Disabilities Act (1990) Brady Law (1993) Q. You only have to provide a copy of a script (or any document or property) if the police or local authority has a legal power to view and seize that material. the Obscene Publications Act 1959, as amended by section 1 (1) of the Obscene Publications Act 1964, two summonses against the applicant for the following offences: (a) on 31 March 1971 having in his possession 1,069 obscene books entitled "The Little Red Schoolbook" for publication for gain; What is the difference between Article 10 of the European Convention on Human Rights and Article 19 of the UN Declaration on Human Rights? This will help you prepare a stronger case for arguing that prosecution would not be in the public interest if police investigation or charges are possible. Legal Adviser: Katie Wheatley, Bindmans LLP, Editorial team: Julia Farrington – Associate arts producer Index on Censorship/Vivarta, Jodie Ginsberg – Chief executive, Index on Censorship. As vivarta.com we apply new digital media, security and situational analysis tools to support this work. We recommend that you document the decision making process carefully (see Appendix 1). Please refer to the pack regarding child protection law for more information. Censorship of the arts in the UK results from a wide range of competing interests – public safety and public order, religious sensibilities and corporate interests. The offence itself under the OPA 1959 has been found to be compatible with the ECHR [R. v Perrin (Stephane Laurent) [2002]]. The artist seeks to confront/challenge/respond to questions of representations of the human body. For legal reasons, conveying information to the police about the purposes of a work, and a willingness to consider alternatives, will be relevant to the reasonableness test. The Obscene Publications Act 1964 made several minor additional provisions to the 1959 Act. „. Fanny Hill: Obscene Publications Act (1964) Company Credits. A person also commits an offence if they are in possession of an obscene article intended for publication for gain. The work has artistic merit and the artist has sold/exhibited numerous copies of previous works that have been positively reviewed (give examples) and has works in major art collections. The Free Word Centre, 60 Farringdon Road, London EC1R 3GA www.vivarta.org. Therefore, a prosecution brought not under the OPA but under the common law offence of outraging public decency was not precluded, because the purpose of the common law offence was to protect the public from feelings of outrage by such exhibitions. (1) In section 2(1) of the [7 & 8 Eliz. (2) For the purpose of any proceedings for an offence against the said section 2 a person shall be deemed to have an article for publication for gain if with a view to such publication he has the article in his ownership, possession or control. (See Appendix 1 for an example of written record). „, Engagement with the press and individual complaints. If items are seized, the police may apply to the court for forfeiture, and permanently confiscate the work. There are currently no known outstanding effects for the Obscene Publications Act 1964. First, there must be a lewd or disgusting or obscene act that outrages minimum standards of public decency as judged in a contemporary society. ELIZABETHiE II REGINvE . As mentioned above, material of a sexual nature can be deemed to be obscene, but the definition can also cover other items such as material advocating drug taking or violence. Many participants in our study said that a lack of knowledge around legal limits contributed to self-censorship. The purpose or intention of the artist or gallery, however noble or otherwise, will be immaterial to whether something is deemed to be obscene or to outrage. Should controversies arise as a result, we welcome public discussion and debate. Section 4provides for the defence of “public good”. IT departments must therefore ensure that the organisations systems and networks are protected from any possible illegal activities. To avoid such effects, artists may clip their own wings, through anticipatory self-censorship, to inhibit the creative reach of one’s investigations as an artist. The guidance also applies where artworks are interdisciplinary and/or site-specific, acknowledging that performance art, an area of artistic practice where these boundaries are tested, tends not to conform to any single form, media or mode of presentation. This is something that may not be obvious to some non-specialist police officers, though reference to the Metropolitan Police Arts & Antiquities unit or officers dealing with conventional pornography, may be of assistance when contextualising and explaining the work’s importance. Q. The Obscene Publications Act 1959 (c. 66) is an Act of Parliament of the United Kingdom Parliament that significantly reformed the law related to obscenity. The Obscene Publications Act (OPA) 1964 is a short piece of English legislation providing minor additional provisions in addition to the Obscene Publications Act 1959, which is the primary statute in this area.. These packs are intended to tackle that lack of knowledge. Show Summary Details. A. The police have the right to enter and search premises and to seize artworks in certain defined circumstances. We uphold the right of all to experience diverse visions and challenging views that may at times, offend. Counter-terrorism is a complex and controversial area of the law, not least because the offences are often very widely drafted. The accused may assert that they had not seen the works or had no reason to believe that the works were obscene. The accused would need to prove that publication or other public presentation was justifiably in the public good, having weighed all these factors. This prosecution guidance seeks to assist prosecutors when considering allegations involving the Obscene Publications Act 1959. Claims may take many months to be heard. There is a risk that lack of clarity and certainty can lead to inconsistency in the approach the police and Crown Prosecution Service take toward works of art, and freedom of expression may be compromised because of over caution or sensitivity. Q. We have consulted with the trustees of both the festival and the venue. click for more detailed Chinese translation, definition, pronunciation and example sentences. What are the costs to the organisation calling for review? A. The Theatres Act 1968 applies a similar definition of obscenity to plays and performances. Does “artistic merit” impact the extent to which an artist’s freedom of expression will be protected? We have ensured that the promotional material contains appropriate advice about challenging images which may cause offence/not be suitable for children under 16/18. Works that fall outside of the scope of the OPA may come under the Theatres Act or the common law offence of outraging public decency, while possession of extreme pornographic images could fall under the Criminal Justice and Immigration Act 2008. The 1959 Act sets out the legal test for obscenity and creates certain offences and defences. There are very limited defences to offences under the OPA 1959 that apply if a court decides that an item is obscene. Obscene Publications Act 1964 (c. 74) Document Generated: 2020-06-25 3 Changes to legislation: There are currently no known outstanding effects for the Obscene Publications Act 1964. We may feel squeamish before representations of the spilling of blood, open wounds, sex or extremely intimate demonstrations. A. If they are demanding that you provide the material, ask them to identify the legal power that gives them the right to do this and ask to see a copy of any order made under the Theatres Act 1968. Table of contents. “Learning” is to take its normal meaning of “being the product of scholarship, something with inherent excellence gained by the work of a scholar” [DPP v. Jordan (1977) A.C. 699]. This could include images of extreme sexual activity such as bestiality, necrophilia, rape or torture. (3) A prosecution . In R. v Gibson (Richard Norman) [1990], earrings made from human foetuses displayed in art gallery were found to be “obscene”. The Obscene Publications Act 1959 and 1964. See also. Famously (and unsuccessfully), used to attempt to ban publication of Lawrence’s Lady Chatterley’s Lover in 1960, it has a chequered history in efforts to ban material dreamed by the state to be obscene. Under Section 3 of the Obscene Publications Act 1959, a magistrate may issue a warrant to search premises for obscene materials and seize articles for forfeiture. The Obscene Publications Act 1959 (c. 66) is an Act of Parliament of the United Kingdom Parliament that significantly reformed the law related to obscenity in England and Wales.Prior to the passage of the Act, the law on publishing obscene materials was governed by the common law case of R v Hicklin, which had no exceptions for artistic merit or the public good. The gallery may also be able to argue that the work was “for the public good” in cases investigated under the OPA. It will be useful to establish the reasons why the police are making such a recommendation, and important to understand what criteria the police will apply when deciding whether to take further action later. "(1) For the purposes of this act an article shall be deemed to be obscene if its effect or (where the article comprises two or more distinct items) the effect of any one of its items is, if taken as a whole, such as to tend to deprave and corrupt persons who are likely, having regard to all relevant circumstances, to read, see or hear the matter contained or embodied in it. Consultation content. Keep a clear written record of your reasons and your decision making process. The Obscene Publications Act was introduced in 1959 and revised in 1967 (earlier versions of the act and no longer being in force). Yet the conviction that an artist must be free to explore the limits of one’s personal and collective possibility can slip into cliché, or obscure the possibility that my freedom may sometimes impinge on the freedoms of others – curtailing, say, a viewer’s right to remain safe from personal discomfort, psychological upset, intolerance or hate, or the supposed dangers of moral turpitude. We intend them as “living” documents, to be enhanced and developed in partnership with arts groups so that artistic freedom is nurtured and nourished. The packs have been made possible by generous pro-bono support from lawyers at Bindmans LLP, Clifford Chance, Doughty Street, Matrix Chambers and Brick Court. The Maintenance Act 1970. The work is made in response to a debate of general public interest – society’s approach to the portrayal of the LGBTI community. The nature of material that can be held to be obscene is not limited to material of a sexual nature. If a gallery has taken the steps recommended in this guidance and considered the likely reasonable response of the public properly and in advance, there are reasonable prospects of heading off a prosecution or convincing a jury that the work was not obscene or that a defence should apply. What defences does the gallery/theatre potentially have? “Article”: “any description of article containing or e… Although the . Thus to a certain extent, artists and galleries can rely on their right to freedom of expression under Article 10 of the European Convention on Human Rights: the right to receive and impart opinions, information and ideas, including those which shock, disturb and offend. We recognise that there is a risk the work may be misunderstood by some individuals and so cause undue offence or concern. Freedom of expression is essential to the arts. A. We recognise that there is a risk the work may be misunderstood by some individuals and so cause undue offence or concern, and have taken measures to address this. The Obscene Publications Act 1927. However the court held that “obscene” had the limited meaning of corrupting public morals as defined in Section 1(1) of the OPA 1959. You should review and document your professional approach to work that includes extreme sexual images or could be seen as advocating activities harmful to the public such as the use of weapons, drugs or violence. „ Demonstrate an awareness of previous similar displays that have been successfully exhibited or presented. Judicial review is not ordinarily an effective means of quickly overturning decisions. The CPS must reasonably consider that bringing a prosecution is in the public interest and must make that decision after balancing these competing rights. The decision might be documented as follows: Example: A festival wishes to present a stagebased performance involving body piercing, bodily fluids and female nudity at a high profile publiclyfunded theatre. Dominic Johnson is Senior Lecturer in Drama at Queen Mary University of London. The 1959 did, however, repeal the 1857 Act and became the main Act dealing with obscene publications. A liberated state of making, showing and seeing art would welcome all our most sensitive, outraged and overwhelmed states: celebrating our sweaty palms, flushes and blushes, increased heartbeat, syncope, fight or flight. This article shall not prevent states from requiring the licensing of broadcasting, television or cinema enterprises. It is more likely that a gallery or artist will be permitted to display controversial works if they are well known and if it is generally considered that the work has artistic merit. The Marriage Act 1964. If the CPS decide that there is enough evidence for a realistic prospect of conviction, they will then need to consider if it is in the public interest to prosecute, taking into consideration the right to freedom of expression and the competing rights of all involved. The Obscene Publications Act (OPA) 1964 is a short piece of English legislation providing minor additional provisions in addition to the Obscene Publications Act 1959, which is the primary statute in this area.. We have briefed all front of house and other relevant staff on the nature of the work and possible causes for concern by the audience and informed/involved them in the above decision-making process. The Immigration Act 1982. It is useful to remember that the people who reach a view on this may hold more conservative views than your own. Obscene Publications Act 1959; Obscene Publications Act 1964; Of these, only the 1959 and 1964 acts are still in force in England and Wales, as amended by more recent legislation. The public good defence applies only to offences under the OPA and Theatres Act and not to any other offences such as outraging public decency or possession of extreme pornographic material. Act No. They can also seize work under a warrant for forfeiture issued by the magistrates court under Section 3 of the Obscene Publications Act 1959. obscene publication act 1964 in Chinese : {英国}1964年猥亵出版法 …. Appendix I: Documenting and explaining a decision. ago. ANNO SEXTO DECIMO. Add to Watchlist. Here it applies if publication of the film or soundtrack is justified as being for the public good because it is in the interests of drama, opera, ballet or any other form of art, literature or learning. (See the section on the OPA above regarding definitions of “deprave” and “corrupt”.) Such a policy can be drafted with the help of a lawyer or other arts organisations with experience of exhibiting controversial works. Protection of Children Act 1978 • Obscene Publications Act 1959 & 1964 • Data Protection Act 1998 • Human Rights Act 1998 • Defamation Act 1952 & 1996 • Criminal Attempt Act 1981 • Freedom of Information Act 2000 • Protection from Harassment Act 1997 Q. Be careful about resisting physically or engaging in a heated debate with officers who could then arrest you for obstruction. to take a liberal attitude in sexual matters. The powers of the police and prosecuting authorities. The 1959 did, however, repeal the 1857 Act and became the main Act dealing with obscene publications. Galleries (and their staff, officers or directors) may be committing a criminal offence, if, for example, they sell, show or distribute work that is considered to be obscene or which causes public outrage. Obscene Publications Acts (1959 & 1964) Under the Obscene Publications Acts, it is an offence for organisation to publish an obscene article or to own, possess or control it, including when it is stored electronically and/or the information is transmitted. (4) Where articles are seized under section 3 of the Obscene Publications Act 1959 (which provides for the seizure and forfeiture of obscene articles kept for publication for gain), and a person is convicted under section 2 of that Act of having them for publication for gain, the court on his conviction shall order the forfeiture of those articles: Provided that an order made by virtue of this subsection (including an order so made on appeal) shall not take effect until the expiration of the ordinary time within which an appeal in the matter of the proceedings in which the order was made may be instituted or, where such an appeal is duly instituted, until the appeal is finally decided or abandoned; and for this purpose—. Second, the act must be in public view, accessible or within view of the public so it is capable of being seen by at least one person, and it must be in the presence of two or more people, regardless of whether they actually witness the act or are outraged by it. A. „, Consider factors to be balanced against the right to freedom of expression – including the level of offence or harm that might be caused, the type and number of people likely to be affected and steps you have taken to mitigate any potential offence. OBSCENE AND INDECENT PUBLICATIONS (AMEND­ MENT) ACT. obscene publications act summary The Obscene Publications Act 1959 1964 makes it illegal to publish. The 1959 Act sets out the legal test for obscenity and creates certain offences and defences. Magistrates court found handyside guilty of possessing obscene books for publication for gain. We might close our eyes or avert our gazes, fall fainting on the floor, intervene somehow, turn vandal or leave. However, you will need specialist legal advice tailored to your own circumstances. The Swaziland Citizenship Act 1992. „, Provide the context for the work, what the artist is seeking to achieve, their previous work, the role of controversy in their work. This publication is supported using public funding by the National Lottery through Arts Council England. The investigation alone may leave a record that may be disclosed by the police, if, for example, you seek to work with children or vulnerable people in the future. Obscene Publications Act 1959 s.2(5) A person shall not be convicted ... if he proves that he had not examined the article and had no reasonable cause to suspect ... Calder Publications v Powell [1965] 1 All ER 159, DC. Section 8 of PACE allows a magistrate to issue a warrant to search a premises if a serious offence has been committed. A. They are not a substitute for specialist legal advice tailored to your particular circumstances. The officer must be on the premises lawfully, such as being on public property, carrying a warrant or have been invited in. [29th July 1959] Annotations: Modifications etc. - (a) he shall not be convicted of that offence if he proves that he had not examined the article and had no reasonable cause to suspect that it was such that his having it would make him liable to be convicted of an offence against that section; - (b) the question whether the article is obscene shall be determined by reference to such publication for gain of the article as in the circumstances it may reasonably be inferred he had in contemplation and to any further publication that could reasonably be expected to follow from it, but not to any other publication. Example: A gallery seeks to exhibit a video of dressed and semi-naked men instructing each other in the practice of extreme sexual acts, made by a well-known visual artist who has previously exhibited photographs documenting LBGTI communities. Under Section 4 of the OPA, the court would need to consider, on the one hand, the number of people they believe would be depraved or corrupted by the work, the strength of the work’s tendency to deprave and corrupt, and the nature of the depravity and corruption depicted. This is particularly important where controversial works are to be presented in small, rural or conservative communities where there is a greater risk of causing offence or where police officers are unused to the concept of freedom of expression in art. This means an artist or presenter could be convicted if it is proved that a work in their possession but not yet on show is obscene, if there was a proven intent to share the work with others, and if they expected to gain financially as a result. However, a display projected onto the outside wall of a gallery would not be covered by this exception. Since this defence may well be contested by the artist or others involved, all should have a clear understanding of the work and its intent, its intended audience and how it will be presented. Retrouvez Obscene Publications Act 1964: Official Revised Ed et des millions de livres en stock sur Amazon.fr. While the Crown Prosecution Service (CPS) and police have a positive obligation to promote the right to freedom of expression, they also have a duty to protect other rights: to private and family life, the right to protection of health and morals and the protection of reputation. The UK laws applicable in this case include: Prosecuting and investigating authorities will have to balance the right protected by Article 10 of the European Convention on Human Rights against the rights and freedoms of others, including any people involved or a young audience. As part of the investigation they may arrest the artist and gallery staff, and conduct interviews under caution. The artist is a young practitioner whose talent is championed by a number of distinguished scholars, writers, artists and producers. An unexpurgated edition was not published openly in the United Kingdom until 1960, when it was the subject of a watershed obscenity trial against the publisher Penguin Books.Penguin won the case and quickly sold three million copies. Chapter. sess. (adsbygoogle = window.adsbygoogle || []).push({}); Under the Obscene Publications Acts, it is an offence for organisation to publish an obscene article or to own, possess or control it, including when it is stored electronically and/or the information is transmitted. Obscene Publications Acts 1959, as amended by the Obscene Publications Act 1964. Jodie Ginsberg, chief executive, Index on Censorship. Publishing an “obscene” article is a criminal offence. „, Engagement with the authorities; making early contact will make it easier for them to protect your right to freedom of expression. The IDCA does not apply to displays in an art gallery or museum and visible only from within the gallery or museum. Creation of the Commission on Obscenity and Pornography, Public Law 100, 90. th . Take legal advice. The gallery owner decides the work has value and should be exhibited. It also criminalises a person who has an obscene article for publication for gain (personal gain, or gain for another), to be interpreted in accordance with the provisions of the Obscene Publications Act 1964. „. (2) In this Act 'article' means any description of article containing or embodying matter to be read or looked at or both, any sound record, and any film or other … Under Section 10 of the Theatres Act 1968, a senior police officer can make an order requiring the production of a script of a play if s/he has reasonable grounds to suspect an obscenity offence has been or will be commited, or the play involved or is likely to involve the use of threatening abusive or insulting words or behaviour performed with the intention of provoking a breach of the peace, or if the performance created or is likely to create a breach of the peace. 66.] They define the legal bounds of obscenity in England and Wales, and are used to enforce the removal of obscene material. 3 Q.B. (3A) Proceedings for an offence under this section shall not be instituted except by or with the consent of the Director of Public Prosecutions. (3) In proceedings brought against a person under the said section 2 for having an obscene article for publication for gain the following provisions shall apply in place of subsections (5) and (6) of that section, that is to say,—, (a) an application for a case to be stated or for leave to appeal shall be treated as the institution of an appeal; and. As vivarta.org we help defend free expression through investigative reporting and creative advocacy. Case Summary: Background: The applicant is a book publisher, who published a book called “The Little Red Schoolbook”, intended for children ages 12 and above. It is illegal to publish a work which is obscene. A prosecution was brought against him based on the Obscene Publications Act 1959, as amended by the Obscene Publications Act 1964. Previous: Public Order Act 1986 Exit book ... Data retention summary. Accordingly, we and the artist have taken steps to ensure children are adequately protected including: We have confirmed that informed written consent was given by participants and the artist has confirmed this in writing. The Obscene Publications Act (OPA) 1964 is a short piece of English legislation providing minor additional provisions in addition to the Obscene Publications Act 1959, which is the primary statute in this area. But consistent with our fundamental commitment to freedom of expression, we do not censor exhibitions in response to political or ideological pressure. What potential measures can arts organisations’ directors take if the police try to seize artworks? The Obscene Publications Act 1857 (20 & 21 Vict. The Adoption of Children Act 1952. The test of obscenity under the Obscene Publications Act 1959 takes into. 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