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The Indecent Displays (Control) Act is an
Act of Parliament Acts of Parliament, sometimes referred to as primary legislation, are texts of law passed by the Legislature, legislative body of a jurisdiction (often a parliament or council). In most countries with a parliamentary system of government, acts of ...
covering
Scotland Scotland (, ) is a country that is part of the United Kingdom. Covering the northern third of the island of Great Britain, mainland Scotland has a border with England to the southeast and is otherwise surrounded by the Atlantic Ocean to the ...
,
England England is a country that is part of the United Kingdom. It shares land borders with Wales to its west and Scotland to its north. The Irish Sea lies northwest and the Celtic Sea to the southwest. It is separated from continental Europe b ...
and
Wales Wales ( cy, Cymru ) is a Countries of the United Kingdom, country that is part of the United Kingdom. It is bordered by England to the Wales–England border, east, the Irish Sea to the north and west, the Celtic Sea to the south west and the ...
but not
Northern Ireland Northern Ireland ( ga, Tuaisceart Éireann ; sco, label= Ulster-Scots, Norlin Airlann) is a part of the United Kingdom, situated in the north-east of the island of Ireland, that is variously described as a country, province or region. Nort ...
. It is concerned with preventing the display of “indecent” material to the unsuspecting public. As with the
Protection of Children Act {{Use dmy dates, date=April 2022 Protection of Children Act is a stock short title used for legislation in the United Kingdom. List * The Prevention of Cruelty to, and Protection of, Children Act 1889 * The Protection of Children Act 1978 * The Pr ...
, the Act does not define indecency, although it does give some directions as to how a display can be considered indecent. It establishes that “If any indecent matter is publicly displayed the person making the display and any person causing or permitting the display to be made shall be guilty of an offence”, making exceptions for the following: *material that is in a shop behind a warning notice (intended to protect
sex shops A sex shop is a retailer that sells products related to adult sexual or erotic entertainment, such as sex toys, lingerie, pornography, and other related products. An early precursor of the modern sex shop was a chain of stores set up in th ...
for adults who wished to use them) *anything for a paying adult audience only *cinemas, theatres, and broadcasting, which are regulated separately *displays by “the Crown or any local authority” *museums and art galleries *the actual human body, which is again subject to other controls The maximum sentence under the Act for making an indecent display is two years imprisonment. Various older pieces of legislation dealing with similar matters were repealed by the Act, but it was directed that other legislation in Scotland was to remain in force alongside it, including provisions that later became part of the
Civic Government (Scotland) Act 1982 The Civic Government (Scotland) Act 1982 is an Act of the United Kingdom Parliament which makes provision for a wide range of civic government matters. Effects of the Act Parts I and II of the Act deal with licensing by local authorities of a r ...
.


Applicability

Prosecutions under the Act are rare. In response to a parliamentary question in 2006, it was revealed that proceedings in England and Wales in the years 2002-4 had run at three, six and two cases, with only three guilty verdicts, all in 2004. The type of material covered by the definition "indecent" could be any material that does not meet a standard of
decency Respect, also called esteem, is a positive feeling or action shown towards someone or something considered important or held in high esteem or regard. It conveys a sense of admiration for good or valuable qualities. It is also the process of ...
in English or Scots law, a category considerably lower than that of "obscenity", which makes material illegal to sell, even in private. Under one of the Act's predecessors, the album ''
Never Mind the Bollocks, Here's the Sex Pistols ''Never Mind the Bollocks, Here's the Sex Pistols'' is the only studio album by English punk rock band the Sex Pistols, released on 28 October 1977 by Virgin Records in the UK and on 11 November 1977 by Warner Bros. Records in the US. The album ...
'' was unsuccessfully prosecuted, and it has been displayed in shops ever since. In 2004, a nude sculpture was concealed from outside view after a warning about the Act.BBC NEWS , England , London , Artist's naked ambition censored
/ref> In the case of advertisements, such as the
fcuk French Connection (also branded as FCUK or fcuk) is a UK-based global retailer and wholesaler of fashion clothing, accessories and homeware. Founded in the early 1970s by Stephen Marks who also serves as chairman and chief executive, it is bas ...
campaign, the Advertising Standards Authority deals with complaints on a self-regulatory basis.


References


External links

* *{{UK-LEG, path=ukpga/1981/42/contents, title=Indecent Displays (Control) Act 1981 United Kingdom Acts of Parliament 1981