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 simply considered whether the publication was obscene and the tendency to deprave and corrupt was presumed: see Crowe v. Graham (1968) 41 A.L.J.R. 402, 409, per Windeyer J. citing Professor Glanville Williams [Criminal Law, The General Part, 2nd ed. (1961), p.70]. But the Act of 1959 changed all this. Instead of a presumed consequence of obscenity, a tendency to deprave and corrupt became the test of obscenity and became what had to be proved. One consequence appears to be that the section does not hit ‘articles’ which merely shock however many people.’
Lord Wilberforce
[1972] AC 849
Obscene Publications Act 1959
England and Wales
Cited by:
Cited – Regina v Perrin CACD 22-Mar-2002
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 . .
Lists of cited by and citing cases may be incomplete.
Updated: 23 October 2021; Ref: scu.181213
