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OBSCENITY - Coggle Diagram
OBSCENITY
- OBSCENE PUBLICATIONS ACT 1959 (OPA)
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Article
S1(2)- Definition- Anything containing or embodying matter to be read or looked at, any sound record, and any film or other record of a picture
Publication
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- Distributes, circulates, sells, lets on hire, gives, or lends it, or who offers it for sale
- In the case of an article containing or embodying matter to be looked at or a record, shows, plays or projects it, or transmits the data
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- CRIMINAL JUSTICE AND IMMIGRATION ACT 2008
S63(1)
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The Act shifts the burden from the directors and producers of extreme pornography to viewers who have the images in their possession
S63(3)
An image in 'pornographic' if it's of such a nature that it must reasonably be assumed to have been produced solely or principally for the purpose of sexual arousal
S63(5A) and (6)
An image is 'extreme' if it explicitly and realistically portrays specific matters, such as certain violence, and is 'grossly offensive, disgusting otherwise of an obscene character'
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S66
Provides a specific defence for those who participate in the creation of extreme pornographic images
- OBSCENE PUBLICATIONS ACT 1964
Amened the 1959 Act- making it an offence to have an obscene publication for gain. The gain can be either for the D or another
Gain isn't defined in the statute, but it has been taken to cover financial gain as well as other 'gain' such as deriving pleasure from the article
Repeal the OPA 1959?
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There have also been suggestions that the CPS should review its guidance regarding the sort of content that justifies prosecution, following a failed prosecution in Peacock
Under Article 10, a person has a right to freedom of expression. This is a qualified right and can be removed
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