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
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
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
