Since 1857, a series of
obscenity law
Law is a set of rules that are created and are enforceable by social or governmental institutions to regulate behavior,Robertson, ''Crimes against humanity'', 90. with its precise definition a matter of longstanding debate. It has been vario ...
s known as the Obscene Publications Acts have governed what can be published in
England and Wales
England and Wales () is one of the three legal jurisdictions of the United Kingdom. It covers the constituent countries England and Wales and was formed by the Laws in Wales Acts 1535 and 1542. The substantive law of the jurisdiction is Eng ...
. The classic definition of criminal obscenity is if it "tends to deprave and corrupt," stated in 1868 by
Lord Justice Cockburn, in ''Regina v. Hicklin'', now known as the
Hicklin test
The Hicklin test is a legal test for obscenity established by the English case ''Regina v Hicklin'' (1868). At issue was the statutory interpretation of the word "obscene" in the Obscene Publications Act 1857, which authorized the destruction of ...
.
Timeline of legislation
There have been several
Acts of Parliament
Acts of Parliament, sometimes referred to as primary legislation, are texts of law passed by the legislative body of a jurisdiction (often a parliament or council). In most countries with a parliamentary system of government, acts of parliament be ...
of this name:
*
Obscene Publications Act 1857
The Obscene Publications Act 1857 (20 & 21 Vict. c.83), also known as Lord Campbell's Act or Campbell's Act, was a piece of legislation in the United Kingdom of Great Britain and Ireland dealing with obscenity. For the first time, it made the sale ...
*
Obscene Publications Act 1959
The Obscene Publications Act 1959 (c. 66) is an Act of Parliament of the United Kingdom Parliament that significantly reformed the law related to obscenity in England and Wales. Prior to the passage of the Act, the law on publishing obscene mater ...
*
Obscene Publications Act 1964
The Obscene Publications Act (OPA) 1964 is a short piece of English legislation providing minor additional provisions in addition to the Obscene Publications Act 1959, which is the primary statute in this area.
The OPA 1964 was specifically desi ...
Of these, only the 1959 and 1964 acts are still in force in England and Wales, as amended by more recent legislation. They define the legal bounds of obscenity in England and Wales, and are used to enforce the removal of obscene material. Irish law diverged from English law in 1929, replacing the OPA 1857 with
a new Irish act.
Key cases under the Obscene Publications Act
Scottish prohibitions on obscene material are to be found in section 51 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 ...
.
See also
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Censorship in the United Kingdom
Censorship in the United Kingdom has taken many forms throughout the history of the country, with either various stringent and lax laws in place at different times, especially concerning British cinema, entertainment venues, literature, the mon ...
*
Pornography in the United Kingdom
Pornography in the United Kingdom is regulated by a variety of laws, regulations, judicial processes, and voluntary schemes. Pornographic material generally has to be assessed by regulators or courts to determine its legality.
The Victorian pornog ...
*
Section 63 of the Criminal Justice and Immigration Act 2008
Section 63 of the Criminal Justice and Immigration Act 2008 is a law in the United Kingdom criminalising possession of what it refers to as "extreme pornographic images". The law came into force on 26 January 2009. The legislation was brought in ...
– defines 'extreme pornography' and details offences
References
External links
Article on the Acts
Laws in the United Kingdom
Obscenity law
Book censorship in the United Kingdom
Acts of the Parliament of the United Kingdom
United Kingdom pornography law
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