This section amends the Obscene Publications Act 1959. "Obscene" has an ordinary meaning ("repulsive", "filthy", "loathsome" or "lewd"), distinct from that provided for by the statutory terms of the Obscene Publications Act 1959: Anderson [1972] 1 QB 304. There are currently no known outstanding effects for the Obscene Publications Act 1964. If it "tends to deprave and corrupt," stated in 1868 by Lord Justice Cockburn, in Regina v. Hicklin, now known as the Hicklin test. Revised legislation carried on this site may not be fully up to date. 11 House of Commons Culture, Media and Sport Committee, Online Safety, 19 March 2014, HC 729 of session 2013–14, pp 9–10. Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. 1. (4)Where articles are seized under section 3 of the M1Obscene 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—, (a)an application for a case to be stated or for leave to appeal shall be treated as the institution of an appeal; and. Wikipedia, Act of the Parliament of the United Kingdom that updated the legislation governing police forces in England and Wales, constituted new police authorities, gave the Home Secretary new powers to supervise local constabularies, and allowed for the amalgamation of existing forces into more efficient units. The Obscene Publications Act 1959 and 1964 It is illegal to publish a work which is obscene. No other jury verdict has had such a profound social impact as the acquittal of Penguin Books in the Lady Chatterley trial. Introduced and published on 25 November 2004 and received Royal Assent on 7 April 2005. Article 10 of the European Convention on Human Rights provides that:It would seem, therefore, that Section 2(1) OPA 1959 engages Article 10, given that the effect of the Act is to control and prohibit the publication of obscene materials. 4 Defence of public good. The Obscene Publications Act 1964 added the offence of merely possessing an obscene article, provided it is intended for “publication for gain”. The Banned Books of England. At the time of its initial screening at the 1976 London Film Festival, the British Board of Film Censors recommended it be shown under private cinema club conditions to avoid the need for heavy cuts to be made, but only after the Obscene Publications Act had been extended to films (in 1977) to avoid potential legal problems. Overhauling the Obscene Publications Act: which way will it go? Lane was responsible for the decision to publish an unexpurgated edition of D. H. Lawrence's Lady Chatterley's Lover as a means of testing the Obscene Publications Act 1959. 08-01-12, 21:34 #2. This guidance is based on the Obscene Publications Act 1959 and the Protection of Children Act 1978 . An Act to strengthen the law for preventing the publication for gain of obscene matter and the publication of things intended for the production of obscene matter. Share this: Click to share on Twitter (Opens in new window) Click to share on Facebook (Opens in new window) Click to share on Google+ (Opens in new window) Related. There are currently no known outstanding effects for the Obscene Publications Act 1959, Section 1. Wikipedia, Act of the Parliament of the United Kingdom. Home Up. 2 15 & 16 Geo. IV c. 45) that introduced wide-ranging changes to the electoral system of England and Wales. Wikipedia, Act of the Parliament of the United Kingdom which applies to people in England and Wales. The Obscene Publications Act 1959 (“the Act”) criminalises the publication (whether or not for gain) of an obscene article. Because this was a general Act, there was no possibility of defence on the basis of artistic merit, unlike that permitted under the Obscene Publications Act 1959. The Obscene Publications Act 1857 (20 & 21 Vict. Under the Obscene Publications Acts 1959 and 1964 it is an offence to publish an obscene article or to have an obscene article for publication for gain. However, the 1980 release found itself classified as a "video nasty", having been considered a breach of the Obscene Publications Act. Wikipedia, The Coroners and Justice Act 2009 (c. Act of the Parliament of the United Kingdom. (2)This Act shall come into operation on the expiration of one month beginning with the date of the passing thereof. c.83), also known as Lord Campbell's Act or Campbell's Act, was a major piece of legislation in the United Kingdom of Great Britain and Ireland dealing with obscenity. Britain's obscenity laws, such as the Obscene Publications Act 1959, are strict by European standards and made the sale of hardcore pornography completely illegal until the end of the century, although ownership was not a criminal offence. Section 4 provides for the defence of “public good”. Want to share your views with the team? Provided that paragraph (b) of this subsection shall not apply to anything done in the course of a cinematograph exhibition (within the meaning of the Cinematograph Act, 1952), other than one excluded from the Cinematograph Act, 1909, by subsection (4) The Obscene Publications Act makes it a crime to publish material which might ‘deprave or corrupt’ those who are likely to see, read, or hear it. Thank you. They define the legal bounds of obscenity in England and Wales, and are used to enforce the removal of obscene material. To assist local authorities in identifying obscene films, the Director of Public Prosecutions released a list of 72 films the office believed to violate the Obscene Publications Act 1959 and another list of 82 titles which they felt may not achieve successful prosecutions but could nonetheless be forfeited under the lesser 'Section 3' obscenity charge. 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