The Commission considered the common law offence of outraging public decency alleged to have been committed by an artist and art gallery curator who had exhibited a model with freeze dried human foetuses as earrings. Recognising that freedom of artistic expression fell within the ambit of Article 10, declared the application inadmissible as being manifestly ill founded. The offence of outraging public decency: (a) was prescribed by law, and (b) pursued the legitimate aim of protection of morals and (c) was not disproportionate and could be regarded as necessary in a democratic society.
Citations:
17634/91
Jurisdiction:
Human Rights
Cited by:
Cited – Goldstein, Rimmington v Regina CACD 28-Nov-2003
Two defendants appealed in respect of alleged offences under common law of causing a public nuisance. One had sent race hatred material, and the other bomb hoaxes, through the post. Both claimed that the offence was so ill defined as to be an . .
Lists of cited by and citing cases may be incomplete.
Human Rights, Crime
Updated: 07 June 2022; Ref: scu.188887