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. They could consider agreeing to take the work down voluntarily pending a discussion about the merits of the work. The Girls' and Women's Protection Act 1920. Take legal advice. The Marriage Act 1964. Should controversies arise as a result, we welcome public discussion and debate. A. The appeal was brought by private complaints, filed in various parts of India, that were against the famous painter Maqbool Fida Husain and his painting titled “Bharat Mata” (Mother India), which was advertised in an online charity auction for earthquake victims. Q. This statutory definition is largely based on the common law test of obscenity, as laid down in the case of R. v Hicklin (1868) L.R. Be the first to contribute! Where an artistic work presents ideas that are controversial or shocking, the courts have made it clear that freedom of expression protections still apply. Some of the lawyers at work in the sector at time of publication are listed on the website. Fanny Hill: Obscene Publications Act . (1)This Act may be cited as the Obscene Publications Act 1964, and this Act and the Q. Skip Table of contents. See also. “Article”: “any description of article containing or e… If a local authority or the police ask to see particular artistic material you should ask them to clarify whether they are demanding that you hand over the material, or whether they are simply asking for your voluntary co-operation. In all cases the CPS will consider whether there is sufficient evidence for a realistic prospect of conviction, including whether the alleged offence comes within statutory or common law, the definition of the offence and whether any defence is likely to succeed. What decisions are the police able to take and how can they implement these decisions? What is the difference between Article 10 of the European Convention on Human Rights and Article 19 of the UN Declaration on Human Rights? c.83), also known as Lord Campbell's Act or Campbell's Act, was a major piece of obscenity legislation in the United Kingdom of Great Britain and Ireland.For the first time, it made the sale of obscene material a statutory offence, giving the courts power to seize and destroy offending material. For that reason, it is important to be aware of the risks and to mitigate them by careful preparation. We recognise that the work contains actions and materials which may raise health and safety concerns. Legislation is law which has been promulgated by a legislature or other governing body or the process of making it. As part of the investigation they may arrest the artist and gallery staff, and conduct interviews under caution. How do the CPS and the courts decide if an image is obscene? Background. ANNO SEXTO DECIMO. We uphold the right of all to experience diverse visions and challenging views that may at times, offend. It is useful to remember that the people who reach a view on this may hold more conservative views than your own. 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. Menu. There is a public interest in freedom of artistic expression itself and we consider that this is work of value which should be seen exhibited and viewed so as to further an important debate. If the works or performance can be construed to be of an extreme sexual nature or to advocate the use of weapons, drugs or violence, or likely to cause public outrage then the artist’s right to freedom of expression may carry less weight [R. v Hicklin; R. v Saunders; R. v Gibson]. Obscene Publications Act (1857; 1959 and 1977 [revised]) British North America Act (1867) Ballot Act (1872) Indian Evidence Act (1872) Judicature Act of 1873. „ Demonstrate an awareness of previous similar displays that have been successfully exhibited or presented. The Births, Marriages and Deaths Registration Act 1983. The 1959 Act sets out the legal test for obscenity and creates certain offences and defences. But the laws and practices that protect and nurture free expression are often poorly understood both by practitioners and by those enforcing the law. Consider contacting the appropriate police officer responsible for community relations in your area. First, there must be a lewd or disgusting or obscene act that outrages minimum standards of public decency as judged in a contemporary society. Claims may take many months to be heard. A. Release Calendar DVD & Blu-ray Releases Top Rated Movies Most Popular Movies Browse Movies by Genre Top Box Office Showtimes & Tickets Showtimes & Tickets In Theaters Coming Soon Coming Soon Movie News India Movie Spotlight. 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. (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 … Q. This should be factual advice not evaluative – so say that it is “sexually explicit” rather than “may be offensive”. We may feel squeamish before representations of the spilling of blood, open wounds, sex or extremely intimate demonstrations. Full Cast and Crew | Release Dates | Official Sites | Filming & Production | Technical Specs. (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. Movies. In general is it a good idea to cooperate with the police? Retrouvez Obscene Publications Act 1964: Official Revised Ed et des millions de livres en stock sur Amazon.fr. Plus, see what some of your favorite '90s stars look like now. What's on TV & … c.83), also known as Lord Campbell's Act or Campbell's Act, was a piece of legislation in the United Kingdom of Great Britain and Ireland dealing with obscenity.For the first time, it made the sale of obscene material a statutory offence, giving the courts power to seize and destroy offending material. Please note: Appendices are only examples and should not be relied upon in individual cases. It is important that both the arts organisation and artist have a clear understanding of the issues involved and the artistic merit of the work, why it is thought appropriate for the work to be shown to the public and any steps taken to protect any vulnerable groups. 1 Obscene articles intended for publication for gain. Consultation content. For the purposes of the Acts, obscenity is not limited to pornographic or sexually corrupting material: a book advocating drug taking or violence, for instance, may be obscene. The officer must be on the premises lawfully, such as being on public property, carrying a warrant or have been invited in. 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. Q. The Obscene Publications Act 1964 made several minor additional provisions to the 1959 Act. The High Court of Delhi held that the “Bharat Mata” painting by Maqbool Fida Husain was not obscene under section 292 of the Indian Penal Code. Obscene Publications Acts 1959, as amended by the Obscene Publications Act 1964. Nothing you publish online is 100% private! The CPS will apply this definition when considering whether to prosecute. Add to Watchlist. As indicated in these packs, and illustrated by the online case studies – available at indexoncensorship. It is the European Convention on Human Rights that is currently relevant to UK law. Section 1(5) of the OPA 1964 defines it as to “accrue by way of consideration for the publication or in any other way.” “Consideration” will cover financial advantage. If you are contacted by the police with regard to a particular work, project or programme, contact a lawyer. Section 8 of PACE allows a magistrate to issue a warrant to search a premises if a serious offence has been committed. Freedom of expression is a UK common law right, and a right enshrined and protected in UK law by the Human Rights Act(1) , which incorporates the European Convention on Human Rights into UK law. 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. A person charged with an offence under the OPA has a right to ask to be tried by a jury. All too often these constraints are imposed without clear guidance or legal basis. Thank you for helping build the largest language community on the internet. 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. obscene publications act summary The Obscene Publications Act 1959 1964 makes it illegal to publish. In some limited cases, it may be argued that it was unaware of the true nature of the work. The Age of Majority Act 1853. 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. “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]. They may additionally investigate whether anyone has committed a criminal offence. Cong. If the police are simply seeking your voluntary co-operation then you do not have to give them anything. 1. News | Episode aired 27 February 1964 Previous All Episodes (877) Next Add a Plot » Added to Watchlist. 3 . They can all be downloaded from www.indexoncensorship.org/artandoffence or order a print copy from [email protected] – postage will be charged. A. Section 162(1) of the Broadcasting Act 1990 extends the concept of “publication” under the OPA 1959 to include live programme material. 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. However, it is possible to apply for a claim to be heard quickly if there are good grounds to do so. As vivarta.org we help defend free expression through investigative reporting and creative advocacy. The Obscene Publications Act was introduced in 1959 and revised in 1967 (earlier versions of the act and no longer being in force). By being too much works of art or performance that reinvent the scope of the sayable will inevitably strain at the limits of aesthetic acceptability. The gallery could seek to argue that the work is not obscene and will not “deprave” or “corrupt” those likely to see it. Noté /5. The most important of the Convention’s protections in this context is Article 10. The Obscene Publications Act 1959 and 1964. sess. Advance preparation should bear in mind the principal legal standard of “reasonableness”. jgeto ^outf) OTalesi. Does it make a difference if a contested display is outside the venue? . 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. It is illegal to publish a work which is obscene. The first deals with showing and distribution, the second with possession of an obscene article with the intention of showing or distributing it. Similar advice will be on the entrance to the theatre and in the event freesheet. obscene publication act 1964 in Chinese : {英国}1964年猥亵出版法 …. 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. [29th July 1959] Annotations: Modifications etc. 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. Does “artistic merit” impact the extent to which an artist’s freedom of expression will be protected? The summary of responses to the consultation can be accessed here: Summary of Responses to the Consultation on the CPS Obscene Publications Prosecution Guidance Consultation closed This prosecution guidance seeks to assist prosecutors when considering allegations involving the Obscene Publications Act 1959. OBSCENE AND INDECENT PUBLICATIONS (AMEND­ MENT) ACT. Previous: Public Order Act 1986 Exit book ONLINE SAFETY: Are you an accidental outlaw? Obscene Material We recommend that you document the decision making process carefully (see Appendix 1). The Adoption of Children Act 1952. Obscene Publications Act 1959 and 1964. The Swaziland Citizenship Act 1992. (October 3, 1967). However, “any other way” is not defined further so the exact parameters of this form of offence are unclear. The Liquor Licensing Act 1964. It is worth noting that freedom of expression, as outlined in Article 10, is a qualified right, meaning the right must be balanced against other rights. The Obscene Publications Act was introduced in 1959 and revised in 1967 (earlier versions of the act and no longer being in force). The CPS must reasonably consider that bringing a prosecution is in the public interest and must make that decision after balancing these competing rights. 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. In 1857, the Obscene Publications Act was passed in Great Britain. „. We recognise that there is a risk the work may be misunderstood by some individuals and so cause undue offence or concern. The common law, as established in R v Hicklin [1868] 3 QB 360, set the test of "obscenity" as "whether the tendency of the letter published is to deprave and corrupt those whose minds are open to s… (6) In any proceedings against a person under this section the question whether an article is obscene shall be determined without regard to any publication by another person unless it could reasonably have been expected that the publication by the other person would follow from publication by the person charged. What defences does the gallery/theatre potentially have? 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. Consultation closed . existing obscenity legislation (the Obscene Publications Acts (OPA) 1959 and 1964 and in Scotland, the Civic Government (Scotland) Act (CG(S)A) 1982 but it is not currently an offence to possess it other than for gain in England and Wales or, in Scotland, with a view to sale or distribution. 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. Obscene Publications Act, in British law, either of two codifications of prohibitions against obscene literature adopted in 1857 and in much revised form in 1959. Magistrates court found handyside guilty of possessing obscene books for publication for gain. (1) In section 2(1) of the [7 & 8 Eliz. 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. (3A) Proceedings for an offence under this section shall not be instituted except by or with the consent of the Director of Public Prosecutions. Just click the "Edit page" button at the bottom of the page or learn more in the Company Credits submission guide. „, Review (media and other) reactions to recent artworks with an awareness that the work will be judged against current recognised standards of propriety and decency, which is a fluid test. However the court held that “obscene” had the limited meaning of corrupting public morals as defined in Section 1(1) of the OPA 1959. It is licensed under Creative Commons CC BY 2.0, excepting where copyright is assigned elsewhere and marked accordingly. The artist would in principle be free to continue with the work. 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. TV Shows . 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. What are the costs to the organisation calling for review? The decision might be documented as follows: Footnotes On the other hand, the court must consider the work’s artistic merit. But consistent with our fundamental commitment to freedom of expression, we do not censor exhibitions in response to political or ideological pressure. 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. If you have documented the reasons for exhibiting the work and established good relations with the police, you will be in a stronger position to ensure that the exhibition can go ahead. „. In fact, it has been held by the courts that material glamourising, or inducing, potentially dangerous behaviour, such as drug taking, may amount to an “obscene” publication [Calder (Publications) Ltd v Powell [1965]]. 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.. Prior to that, the only legal test applied to films was the more vague test of common law indecency. This right shall include freedom to hold opinions and to receive and impart information and ideas without interference by public authority and regardless of frontiers. 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. What potential measures can arts organisations’ directors take if the police try to seize artworks? In the case of doubt consider contacting a lawyer with relevant expertise. Keep a clear written record of your reasons and your decision making process. The court reasoned that art was an important tool of expression, but that Article 19(2) of the Indian Con… It will be up to the jury to decide if an article meets the test for obscenity set out in Section 1(1) of the OPA. A i by inserting in section three at the end of the definition.This Act may be cited as the Obscene Publications wtitla. The artist seeks to challenge the boundaries of photographic depictions of the LGBTI community. A. 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. Q. The CPS conducted a public consultation on a … The police can seize work under search warrants or as evidence for future prosecution. Be the first to contribute! For practical reasons, as a matter of common sense, the more cooperative and constructive an artistic body appears to be, the less likely it is that the police would move precipitously to shut down a work. In R. v Gibson (Richard Norman) [1990], earrings made from human foetuses displayed in art gallery were found to be “obscene”. Q. The publishers of Cain's Book were convicted under the Act, and their appeal to the Divisional Court was dismissed. No, the location of a display will not make any difference to prosecutions under obscenity laws. The IDCA does not apply to displays in an art gallery or museum and visible only from within the gallery or museum. 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. The BBFC may not pass any material likely to infringe the criminal law. Such a record will be helpful in preparing a response to any police enquiries, and will be useful in responding to protesters and critics, even if no legal action is proposed. Practical guidance for artists and arts organisations. Outside displays could also expose an artist or gallery to liability under the Indecent Displays (Control) Act 1981 (IDCA). „, Provide the context for the work, what the artist is seeking to achieve, their previous work, the role of controversy in their work. This could include images of extreme sexual activity such as bestiality, necrophilia, rape or torture. The causes of self-censorship ranged from the fear of causing offence, losing financial support, hostile public reaction or media storm, police intervention, prejudice, managing diversity and the impact of risk aversion. (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—. 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 Obscene Publications Act 1959 and 1964. (7) In this section ‘film exhibition’ has the same meaning as in the Cinemas Act 1985. 2. c. 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. They can also seize work under a warrant for forfeiture issued by the magistrates court under Section 3 of the Obscene Publications Act 1959. Even if you succeed you will not usually recover damages: they are awarded at the court’s discretion. Appendix I: Documenting and explaining a decision. A. (See the section on the OPA above regarding definitions of “deprave” and “corrupt”.) The usual way of doing so would be via judicial review. 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. A willingness to make contingency preparations to manage the risk of any disorder, and subject to the imperative of ensuring that the artistic work is not unduly constrained. View production, box office, & company info Stars of the 1990s, Then and Now . Be careful about resisting physically or engaging in a heated debate with officers who could then arrest you for obstruction. As vivarta.com we apply new digital media, security and situational analysis tools to support this work. Changes to Legislation. „, Remember that the right to freedom of expression includes the right to express ideas and opinions that shock, offend and disturb. A publication should not deprave and corrupt people who read, see or hear about its subject matter. A. If the review finds in favour of the arts organisation – is compensation payable and are expenses reimbursed? „, 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. The work is made in response to a debate of general public interest – society’s approach to the portrayal of the LGBTI community. There would be court fees for filing the review, as well as the need to pay legal costs to their own lawyers (unless acting pro bono) and the risk of being required to pay legal costs for the opposing party if they succeed. The theatre is known for working in partnership. A good understanding of the nature of the work presented in your venue could be invaluable if the police receive complaints about your work. We might close our eyes or avert our gazes, fall fainting on the floor, intervene somehow, turn vandal or leave. The Obscene Publications Act 1964 made several minor additional provisions to the 1959 Act. Chapter. The factors relevant to meeting that standard may include: If you think the work may be borderline or cross over the line (remember at this stage you need to apply the probably conservative standards of members of the local community, or local police officers, not your own standards), it would be best to take legal advice so that you can be advised on the risks. Listen to the audio pronunciation of Obscene Publications Act 1964 on pronouncekiwi. The material depicts activities which are illegal in The Obscene Publications Act 1857 (20 & 21 Vict. As of 2008 these latter two Obscene Publications Acts are still in … What happens if police advise you not to continue with something / take it off as they have unspecified concerns about public safety – but tell you it is your choice and they can only advise you? As a matter of good practice you might want to prepare a commitment to artistic and intellectual freedom of expression. Not all artists are intent on pushing the boundaries of this problem, but when we do so, our work might appear to others as too intense, too ugly, too beautiful, too crazy, too painful, too long, too weird, too personal, too pleasurable. The accused would need to prove that publication or other public presentation was justifiably in the public good, having weighed all these factors. 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. Free expression rights remain protected by UK common law, but it is unclear to what extent more recent developments in the law based on Article 10 would still apply, Five areas of law covered in this series of information packs. There are also specific but separate offences relating to extreme pornography and the protection of children. Q. Decisions of the CPS can be influenced by making written representations about the evidence, any defences such as “public good” and the lack of public interest in prosecuting, which may include reliance on Article 10 of the European Convention on Human Rights. We believe such discussion is integral to the experience of the art. The offence itself under the OPA 1959 has been found to be compatible with the ECHR [R. v Perrin (Stephane Laurent) [2002]]. 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. Obscene Publications Act 1959 1959 CHAPTER 66 7 and 8 Eliz 2 An Act to amend the law relating to the publication of obscene matter; to provide for the protection of literature; and to strengthen the law concerning pornography. They are not a substitute for specialist legal advice tailored to your particular circumstances. Do I have to give the script of a play or images I intend to exhibit to the police or local authority prior to the show opening if requested? 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. Where there is a hate crime element police will refer the case to the Crown Prosecution Service. Full text of this public law can be found in Appendix A of the . Quick Reference. Other offences may be relevant to this area. Publications, etc, on the grounds of religion; The restrictions in these three areas are governed by the Obscene Publications Act 1959, the Obscene Publications Act 1964, the Indecent Displays (Controls) Act 1981, the Public Order Act 1986 and the Racial and Religious Hatred Act 2006 (as well as other legislation). The artist is a young practitioner whose talent is championed by a number of distinguished scholars, writers, artists and producers. Section 1(1) of the Obscene Publications Act (OPA) 1959 describes an “obscene” item as one that has the effect of tending to deprave and corrupt persons likely to read, see or hear it. 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