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 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

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