Common law offence of outraging public decency , The Obscene Publications Act (OPA) 1959 , The Obscene Publications Act (OPA) 1964 , Criminal Justice and Immigration Act 2008 (covering the definition of “extreme pornography”), Make your motivation and reasons for making or displaying the work clear and why you consider the work to have artistic merit. Obscene Publications Act 1959 1959 CHAPTER 66 7 and 8 Eliz 2 An Act to amend the law relating to the publication of obscene matter; to provide for the protection of literature; and to strengthen the law concerning pornography. Judicial review is not ordinarily an effective means of quickly overturning decisions. The courts have considered the definitions of “deprave” and “corrupt” in cases such as R v Penguin Books Ltd (1961) and R v Calder and Boyars Ltd (1969). Yes. As vivarta.com we apply new digital media, security and situational analysis tools to support this work. org/artandoffence – there is scope to develop greater understanding of the ways in which artists and arts organisations can navigate the complexity of the law, and when and how to work with the police. We have considered whether or not our advertising material should contain warnings that the exhibition contains images which are sexually explicit. Freedom only to speak inoffensively is not worth having.” (Redmond-Bate v Director of Public Prosecutions, 1999). The most important of the Convention’s protections in this context is Article 10. Since this defence may well be contested by the artist or others involved, all should have a clear understanding of the work and its intent, its intended audience and how it will be presented. Protection of Children Act 1978 • Obscene Publications Act 1959 & 1964 • Data Protection Act 1998 • Human Rights Act 1998 • Defamation Act 1952 & 1996 • Criminal Attempt Act 1981 • Freedom of Information Act 2000 • Protection from Harassment Act 1997 It is important that both the arts organisation and artist have a clear understanding of the issues involved and the artistic merit of the work, why it is thought appropriate for the work to be shown to the public and any steps taken to protect any vulnerable groups. A publication should not deprave and corrupt people who read, see or hear about its subject matter. Q. Legal Attacks Against Journalists (Slapps), ARTICLE 10, EUROPEAN CONVENTION ON HUMAN RIGHTS, “whether the tendency of the matter charged as obscenity is to deprave and corrupt those whose minds are open to such immoral influences, and into whose hands a publication of this sort may fall.”, STATEMENT OF COMMITMENT TO FREEDOM OF EXPRESSION. Previous: Public Order Act 1986 Exit book ... Data retention summary. We have ensured that the promotional material contains appropriate advice about challenging images which may cause offence/not be suitable for children under 16/18. Hence reactions they prompt – from individuals, communities, institutions, the media or the state – may themselves be profoundly physical, visceral and emotional, redoubling the perceived extremity of the initial provocation. (3A) Proceedings for an offence under this section shall not be instituted except by or with the consent of the Director of Public Prosecutions. In some limited cases, it may be argued that it was unaware of the true nature of the work. Free expression rights remain protected by UK common law, but it is unclear to what extent more recent developments in the law based on Article 10 would still apply, Five areas of law covered in this series of information packs. Achetez neuf ou d'occasion Q. Appendix I: Documenting and explaining a decision. We have consulted with the trustees of both the festival and the venue. Q. , Consider advising the audience on content or restricting access to over 16/18. Q. Revised legislation carried on this site may not be fully up to date. As indicated in these packs, and illustrated by the online case studies – available at indexoncensorship. A liberated state of making, showing and seeing art would welcome all our most sensitive, outraged and overwhelmed states: celebrating our sweaty palms, flushes and blushes, increased heartbeat, syncope, fight or flight. Censorship, obscenity and freedom of expression reflect the higher question of what, in a particular time and place, is sayable or unsayable. The IDCA does not apply to displays in an art gallery or museum and visible only from within the gallery or museum. The Obscene Publications Act 1959(“the Act”) criminalises the publication (whether or not for gain) of an obscene article. 1. Report of the Commission on Obscenity and Pornography The accused would need to prove that publication or other public presentation was justifiably in the public good, having weighed all these factors. Publications, etc, on the grounds of religion; The restrictions in these three areas are governed by the Obscene Publications Act 1959, the Obscene Publications Act 1964, the Indecent Displays (Controls) Act 1981, the Public Order Act 1986 and the Racial and Religious Hatred Act 2006 (as well as other legislation). The nature of material that can be held to be obscene is not limited to material of a sexual nature. . (3) A prosecution . 2. c. Legislation is law which has been promulgated by a legislature or other governing body or the process of making it. . It could also cover situations where the intention is to display the work free, for publicity or to deliberately promote a reputation for notoriety. Table of contents. Similar advice will be on the entrance to the theatre and in the event freesheet. This publication is supported using public funding by the National Lottery through Arts Council England. Obscene publications are governed by the Obscene Publications Act 1959 and the Obscene Publications Act 1964. 1. st . If the CPS decide that there is enough evidence for a realistic prospect of conviction, they will then need to consider if it is in the public interest to prosecute, taking into consideration the right to freedom of expression and the competing rights of all involved. Is suitable for children under 16/18 that there is a risk the work down voluntarily a. View on this site may not be relied upon in individual cases future.! Was justifiably in the work may also be able to argue that prosecution/ conviction breach. Definitions of “ public good governing body or the process of making it and became the main Act dealing Obscene! 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