PC (Anguilla) A first non-religious radio station had been formed, but came to include much criticism of the government. One programme was suspended by the government. The programme makers complained that this interfered with their constitutioinal and human rights to freedom of thought, freedom of expression and freedom from discrimination. Held: The motive in closing … Continue reading Benjamin, Vanderpool and Gumbs v The Minister of Information and Broadcasting and The Attorney General for Anguilla: PC 14 Feb 2001
The applicants complained that as an unmarried couple they had been excluded from consideration as adopters. Held: Northern Ireland legislation had not moved in the same way as it had for other jurisdictions within the UK. The greater commitment to traditional family structures did not however justify the difference. The rules were unlawful discrimination.Lord Hoffmann … Continue reading In re P and Others, (Adoption: Unmarried couple) (Northern Ireland); In re G: HL 18 Jun 2008
The defendant had been convicted of publishing obscene articles for gain under the Act. He lived in London, and published a web site which was stored or hosted abroad, containing pornographic items. The investigating officer had called up the web-site from within the UK. The defendant appealed saying that he had not acted within the … Continue reading Regina v Perrin: CACD 22 Mar 2002
Publication of an obscene digital image to one recipient amounted to publication within the 1959 Act. Judges: Lord Justice Richards Mr Justice Kenneth Parker Mr Justice Lindblom Citations: [2012] EWCA Crim 398, [2012] 2 Cr App R 14, [2012] 1 WLR 3368, [2012] WLR(D) 28 Links: Bailii, WLRD Statutes: Obscene Publications Act 1959 Jurisdiction: England … Continue reading GS, Regina v: CACD 9 Feb 2012
Computer based digital images are ‘copies of a photograph’ sufficient for the Act, and so possession of digital entities capable of being transformed into images were such photographs. Making a file available for download, was sufficient to amount to distribution or publication of them. Times 03-Oct-1996, [1996] EWCA Crim 825 Protection of Children Act 1978, … Continue reading Regina v Fellows, Arnold: CACD 27 Sep 1996
The defendant had been convicted of evading a prohibition on importing articles of an obscene or indecent nature. He had been unaware of whether the articles were indecent images of children, or otherwise obscene images. Since the provisions which made these unlawful and therefore prohibited were so different, he claimed it was necessary to have … Continue reading Regina v Forbes (Giles): HL 20 Jul 2001
The applicants had been imprisoned and held without trial, being suspected of international terrorism. No criminal charges were intended to be brought. They were foreigners and free to return home if they wished, but feared for their lives if they did. A British subject, who was suspected in the exact same way, and there were … Continue reading A v Secretary of State for the Home Department, and X v Secretary of State for the Home Department: HL 16 Dec 2004
The defendant had been a member of the security services. On becoming employed, and upon leaving, he had agreed to keep secret those matters disclosed to him. He had broken those agreements and was being prosecuted. He sought a decision that the defence that the disclosures had been made by him in the public or … Continue reading Regina v Shayler: HL 21 Mar 2002
Lord Wilberforce said: ‘The Obscene Publications Act 1959 adopted the expression ‘deprave and corrupt’ but gave a new turn to it. Previously, though appearing in Cockburn C.J.’s formula, the words had in fact been largely disregarded: the courts . .
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Offence of Conspiracy to corrupt public morals The defendant appealed against his convictions for conspiracy to corrupt public morals, and for living from the earnings of prostitution. He said that first was not an offence known to common law. After it became unlawful for a prostitute to ply her trade on the streets, the defendant … Continue reading Shaw v Director of Public Prosecutions: HL 4 May 1961
Citations: [1997] EWCA Crim 2058 Links: Bailii Statutes: Obscene Publications Act 1959 1(1) Jurisdiction: England and Wales Crime Updated: 26 October 2022; Ref: scu.465435
The court must ask who is the possible audience for publication obscene matter when the charge is having control. Citations: Times 03-May-1994 Statutes: Obscene Publications Act 1959 1(1)(3) Jurisdiction: England and Wales Criminal Practice Updated: 25 October 2022; Ref: scu.88130
Where a defendant is charged with ‘having control to publish by sale’ obscene articles, the judge is to read the statements to make his own assessment. Citations: Ind Summary 06-Jun-1994 Statutes: Obcene Publications Act 1959 1(1) 1(3), Obcene Publications Act 1964 1(3)(b) Jurisdiction: England and Wales Crime Updated: 25 October 2022; Ref: scu.88131
Being ‘knowingly’ involved in the importation of obscene materials is to be understood to emphasis the need for mens rea, and no more. Citations: Times 16-Mar-1998, [1998] EWCA Crim 848 Statutes: Obscene Publications Act 1959 1(1) Jurisdiction: England and Wales Crime Updated: 11 October 2022; Ref: scu.153722
A person developing and printing obscene photographs, is a publisher of those photographs when he returns them to the photographer. Citations: Gazette 09-Mar-1994, Ind Summary 07-Feb-1994, Times 04-Feb-1994 Statutes: Obscene Publications Act 1959 1(3) Jurisdiction: England and Wales Crime Updated: 08 October 2022; Ref: scu.88152
The defendant had been prosecuted with respect to negatives of films, and argued that a negative was not an article within section 1(2); it was not a film, and that even if it were an article thus defined, it could not be obscene unless published, and negatives were not published – they were used only … Continue reading Straker v Director of Public Prosecutions: QBD 1963
The court was asked whether a person who provides screen images derived from a video tape ‘publish[es] an obscene article’ contrary to section 2 of the 1959 Act. Held: Such a publication came within the Act. The court rejected the defendants’ arguments that an offence under section 2 was only committed when a conventional i.e. … Continue reading Attorney General’s Reference (No 5 of 1980): CACD 1980
Freedom of Expression is Fundamental to Society The appellant had published a ‘Little Red Schoolbook’. He was convicted under the 1959 and 1964 Acts on the basis that the book was obscene, it tending to deprave and corrupt its target audience, children. The book claimed that it was intended to teach school children about sex, … Continue reading Handyside v The United Kingdom: ECHR 7 Dec 1976
