The Court was concerned with the seizure of 35mm cinematograph films on the ground that they were ‘indecent or obscene articles’ for the purposes of the 1876 Act. The prohibited articles were defined by the relevant section: ‘Indecent or obscene prints, paintings, photographs, books, cards, lithographic or other engravings, or any other indecent or obscene articles.’ Lord Widgery CJ with whom Ashforth and Griffiths JJ agreed, observed that the section was a ‘very important means of preventing indecent films from ever reaching the country’. In that context His Lordship held that the film fell within the phrase ‘any other indecent or obscene articles’. His Lordship added: ‘It follows that any article which is indecent may be forfeited under this procedure, and had it been necessary, I would certainly have been prepared to hold that these films are photographs despite the limitations upon their use to which I have already referred.’
Lord Widgery CJ Ashforth and Griffiths JJ
[1972] 1 All ER 993, [1972] 2 QB 28, [1972] 2 WLR 359
Customs Consolidation Act 1876
England and Wales
Customs and Excise
Updated: 08 January 2022; Ref: scu.188824
