41.As reported in Williams (n 38). For the purposes of the Acts, obscenity is not limited to pornographic or sexually corrupting material: a book advocating drug taking or violence, for instance, may be obscene. In 2010, in the United States, a 40-year-old comic book collector called Christopher Handley was sentenced to six months in prison after pleading guilty to importing and possessing Japanese manga books depicting illustrations of child sex and bestiality. 55.Bondage Dominance Sadism Masochism. 76.In one case the gender of the accused was recorded as ‘unknown’. This Act may be cited as the Obscene Publications wtitla (Suppression of) Act. For concerns that the law would adversely impact on such sexual practices, see backlash accessed 28 April 2019. Interpretation (1) In this Act unless, the context otherwise requires— 70.For a discussion, see Vera-Gray and McGlynn (n 5). In total, 33 forces provided full data, constituting 75 per cent of forces responding. In relation to the other categories of material, only two offences were charged for possession of material including a corpse (1 per cent). This is a summary of responses to the public consultation undertaken by the Crown Prosecution Service (CPS) on the revised on prosecuting Guidance cases under Obscene Publications Act 1959 the and a (“OPA 1959”) statement of the revisions proposed which will form the Guidance to be issued. 15.Section 37 of the Criminal Justice and Courts Act 2015 introduced a new s 63(7A) into the Criminal Justice and Immigration Act 2008. 50.Since the Equality Act 2010, the police have recorded incidents and charges using self-defined gender rather than ‘sex’. Members of _ can log in with their society credentials below, This article is distributed under the terms of the Creative Commons Attribution-NonCommercial 4.0 License (. 84.LH Leigh, quoted in Antoniou and Akrivos (n 40) 242. For example, Walter DeKeseredy and Marily Corsianos suggest that ‘the growing body of research on porn reveals that, like criminal conduct in general, pornography use and distribution is “predominantly social behaviour” among young men’.77 We were interested to find out whether this is reflected in the policing of extreme pornography. Our data reveal that men across the life course are being charged with extreme pornography offences. 26.In 2016–17, there were 36 prosecutions under the Obscene Publications Act 1959 (representing a fall from 71 in 2010–11): see CPS, Violence Against Women and Girls Report 10th edition 2016–17, A42. 58.Jerome Taylor, ‘Battle lines drawn over Bill to ban “extreme” porn’ The Independent (30 December 2008). Revised legislation carried on this site may not be fully up to date. harvnb error: no target: CITEREFPollock1977 (, harvnb error: no target: CITEREFBrown2006 (, harvnb error: no target: CITEREFHochschild2005 (, Perhaps the earliest known appearance of this ever-popular analogy; compare "I would rather give a healthy boy or a healthy girl a phial of prussic acid than this novel", describing, United Kingdom of Great Britain and Ireland, "A Collection of the Public General Statutes: 1857,2", Text of the Obscene Publications Act 1959, Text of the Obscene Publications Act 1964, Church of England Assembly (Powers) Act 1919, Measures of the National Assembly for Wales, Acts of the Parliament of Northern Ireland, https://en.wikipedia.org/w/index.php?title=Obscene_Publications_Act_1857&oldid=988464797, Self-contradictory articles from June 2019, Creative Commons Attribution-ShareAlike License. 42.‘Man cleared of porn charge after “tiger sex” image found to be a joke’ The Telegraph (31 December 2009) accessed 13 September 2018. While the number of prosecutions is increasing, this forms a tiny proportion of the overall cases of extreme pornography and the numbers are extremely small. These findings indicate that extreme pornography offences are being charged more often than not; and a higher proportion of recorded incidents are charged compared with other forms of sexual offending.54, We were also keen to understand more about what types of pornography were the focus of police investigations and whether charges were being brought in connection with other types of offending. The guidelines relate specifically to whether certain pornographic videos and images may be classified as obscene and thus punishable under the Act. accessed 2 October 2018. Filters Most Relevant; Newest; Featured; Grid View ; List View; State. This means that an image could be ‘obscene’ according to its ‘ordinary’ meaning, but not sufficiently ‘obscene’ to come within the scope of the Obscene Publications Act. This suggests that these are not crimes perpetrated only by particular age groups such as young men and boys. There is also a role to play by those companies which host violent and extreme pornography. Vous êtes ici Page d'accueil > Publications de l'UIT > Radiocommunications (UIT-R) > publications. There were very few cases of threatening life, serious injury, necrophilia or rape pornography. Sign in here to access free tools such as favourites and alerts, or to access personal subscriptions, If you have access to journal content via a university, library or employer, sign in here, Research off-campus without worrying about access issues. Therefore, if the law is to generate any change in behaviour or online content, it is going to come from the expressive role of the law in condemning such material rather than prosecutions and convictions.73, We were interested to find out the gender of those charged with extreme pornography offences. But, during an interview on BBC Radio 3’s Free Thinking programme, presenter Matthew Sweet questioned key claims within it. The Bill which became that Act was introduced to the Scottish Parliament by John Finnie MSP. Chief Justice Cockburn, Campbell's successor as Lord Chief Justice, reinstated the order of the lower court, holding that Scott's intention was immaterial if the publication was obscene in fact. Of the 125 cases where information was provided, the police indicated ‘not known’ in four cases. Our study focussed on England and Wales. This page was last edited on 13 November 2020, at 10:09. Not all cases that are sent to the CPS for consideration result in a charge. The previous year had seen the enactment of the Obscene Publications Act 1959, which introduced a defence for publishers if they showed that a work … Partager cette page. It will take only 2 minutes to fill in. This means that 56 per cent (5 in number) of these cases ‘dropped out’ at the first stage of the criminal justice process (see Table 1). 35.Julian Petley, ‘Something must be done’, Index on Censorship (10 June 2008) accessed 13 September 2018. This emphasises that pornography use is not confined to younger men. However, the number of incidents that resulted in charge was significantly less. 44.Hannah Bows and Nicole Westmarland, ‘Rape of Older People in the United Kingdom: Challenging the ‘Real-rape’ Stereotype’ (2017) 57 BJCrim 1–17. Accordingly… Our data revealed that the total number of recorded incidents for 2015–16 was 254, rising to 337 for 2016–17. 43.For a discussion of Freedom of Information as a research method, see Hannah Bows, ‘Researching Sexual Violence against Older People: Reflecting on the Use of Freedom of Information Requests in a Feminist Study’ (2017) 115 Fem Rev 30. Media caption. We began by looking at the 591 cases for which we were given information and we were interested to find out whether there was any attrition from police recording of incidents to charges being brought. The aim of this article is to provide new empirical evidence and analysis to underpin these ongoing debates, focusing particularly on the challenges of prosecuting the extreme pornography offences. See also Abhilash Nair, The Regulation of Internet Pornography (Routledge, London 2019), 115–54. The definition of obscene in the Obscene Publications Act is specific and higher than the ordinary dictionary definition, as established in Anderson. A further threshold to be satisfied is that the images must be explicit and realistic. Within 1 Year Within 2 Years Within 3-5 Years Within 5-10 Years More than 10 … In fact, whether the term is given its ‘ordinary’ or Obscene Publications Act meaning, there is still much confusion around what is covered, but at least in the case of the Obscene Publications Act, there is prosecutorial guidance and some previous practice on which to base the interpretations. Nicole Winchester | 29 July 2019 . November 7 2020 John Finnie MSP. Not surprisingly, therefore, the reach of the law came under challenge. Topic. On 29 July 2019, 60 years will have passed since the Obscene Publications Act 1959 received royal assent. Importantly, the overall number recorded and the proportion that lead to a charge are considerably lower than most other forms of extreme pornography; the only category with a smaller proportion of charges is the act with a human corpse (s 63(7)(b)). The House of Commons amended the bill to exclude Scotland, on the grounds that Scottish common law was sufficiently stringent. Her new book argues that the British Obscene Publications Act of 1857 led to homosexual persecution in Britain getting worse. At the same time, there remains considerable scope for the reform of obscenity and extreme pornography laws. It seems most likely that as with images constituting ‘serious violence’, the interpretation of images and decision as to whether they come within the legislation is not as straightforward as for bestiality images.67 Therefore, with police not proactively investigating this offence, even if some images that are potentially rape pornography come to the attention of the police, the decision to investigate further and then prosecute is likely to be exercised against further action. 45.Hannah Bows, ‘Domestic Homicide of Older People (2010–15): A Comparative Analysis of Intimate-Partner Homicide and Parricide Cases in the UK’ (2018) 49 Br J Soc Work 1234–53. About the ban What the Act provides: Sections 2 and 3 of the Renting Homes (Fees Etc.) As argued by Rackley and McGlynn, this prosecution was misguided, it being difficult to see how this case involving a small number of images, a very limited distribution and depiction of images on the margins of those covered by legislation was in the public interest.63 Nonetheless, while this prosecution was misguided, it is plain from prosecution statistics that few cases in general are brought on the basis that the images are of serious injury. If you have access to a journal via a society or association membership, please browse to your society journal, select an article to view, and follow the instructions in this box. ACT annual report on the progress of US high school graduates relative to college readiness. Short title This Act may be cited as the Kenya Information and Communications Act, 1998. View or download all the content the society has access to. Focusing for the first time on the consumers of adult pornography, this Act marked a significant shift from the dominant obscenity-based approach targeting producers and distributors.1 Introduced in response to growing concerns over both the ease of access to pornography, and its violent content, the new law proved contentious from the beginning. See also Erika Rackley and Clare McGlynn, ‘The Cultural Harm of Rape Pornography’ (Free Speech Debate, 22 May 2015) accessed 25 April 2019. You can be signed in via any or all of the methods shown below at the same time. We use the term ‘rape pornography’ to encompass both types of images included in the amended extreme pornography laws, namely images of the non-consensual penetration of a person’s vagina, anus or mouth by another with the other person’s penis, or an act which involves the non-consensual sexual penetration of a person’s vagina or anus by another with a part of the other person’s body or anything else. 27.This was further demonstrated in the R v Walsh case where one line of questioning of the defendant focused on seeking to establish the ‘obscene’ qualities of the images, inviting questioning about whether the images were ‘degrading’ or ‘dehumanising’: discussed in Rackley and McGlynn (n 17). 61.R v Walsh, 8 August 2012, Kingston Crown Court, unreported. Actus & Publications > Espace presse; Espace presse. Contact us if you experience any difficulty logging in. On Friday, in one of the most significant cases … This House of Lords Library Briefing provides information on the Act. It is not known how the police categorised any prosecutions relating to child sexual abuse image offences; that is, whether as sexual offences or ‘any other offence’. The Obscene Publications Act (OPA) was extended to include films and videos in 1977. The first two questions requested aggregated data on the total number of recorded (question 1) and charged49 (question 2) extreme pornography offences recorded between 1 April 2015 and 31 March 2017, broken down by category of extreme pornographic image, namely: an act which threatens a person’s life (s 63(7)(a)); an act which results, or is likely to result, in serious injury to a person’s anus, breasts or genitals (s 63(7)(b)); an act which involves sexual interference with a human corpse (s 63(7)(c)); a person performing an act of intercourse or oral sex with an animal (whether dead or alive; s 63(7)(d)) and an act which involves the non-consensual penetration of a person’s vagina, anus or mouth by another with the other person’s penis, or an act which involves the non-consensual sexual penetration of a person’s vagina or anus by another with a part of the other person’s body or anything else (s 63(7)(A)). 16.See the report by Parliament’s Joint Committee on Human Rights on the Bill which cited and endorsed the evidence of Clare McGlynn and Erika Rackley justifying the criminalisation of rape pornography on the basis that it is ‘human rights enhancing’ and a form of ‘cultural harm’: Report: Legislative Scrutiny: (1) Criminal Justice and Courts Bill and (2) Deregulation Bill (11 June 2014) para 1.41, 1.43, 1.50 accessed 25 April 2019. About this guidance . These new data reveal that few cases of possessing rape pornography are recorded with even fewer being charged. But it also adds to the complexity and opacity of the law, likely to impact on decisions regarding policing and prosecution. (Scotland) Act 2019. When the legislation was first enacted, the police guidance was not to be proactive in relation to this offence, but to only investigate when presented in another context.80 In the Antoniou and Akrivos study, only 4 of the 16 cases dealt exclusively with extreme pornography offences. It is yet to be seen whether the powers in the Digital Economy Act 2017 to enable the regulator to block websites hosting extreme pornography will be used. An Act for more effectually preventing the Sale of Obscene Books, Pictures, Prints, and other Articles. Our new FOI data found that of the total charged cases where data on the nature of the pornography were available (n = 366), the vast majority (85 per cent) related to bestiality images. 24 The Obscene Publications Act requires that material is such that it would tend to ‘deprave and corrupt’ those likely to consume the material, interpreted in Penguin Books Ltd to mean moral corruption, debasement, perversion, debasement and … Introduction . OF) ACT [17rh March, 1927.1 1. Cases that were stand-alone (36 per cent, n = 43) may suggest a more proactive approach to investigating extreme pornography. Before this study, Antoniou and Akrivos examined a sample of 16 extreme pornography cases and found that each of the defendants in their study was men.74 The most recent information on extreme pornography prosecutions provided by the CPS does not break down offending by category of gender.75, In our study, we received information on gender for 99 per cent of cases. There is a common assumption that pornography use is a younger man’s activity. 4 1. Challenged by some as a ‘hysterical’ overreaction by the ‘thought-police’, others argued that the law did not go far enough to tackle all forms of pornography.2, In the ensuing decade, the law has been amended to encompass rape pornography3; it has been extended to Scotland and Northern Ireland and, most recently, provides the basis for new provisions enabling enforcement action against commercial pornography websites hosting extreme pornography.4 Not surprisingly, debate and controversy have continued in the light of this developing programme of regulation, together with technological developments making pornography access and use more straightforward than ever before.5 As a result, the extreme pornography and obscenity laws continue to be subject to a range of law and policy reviews and inquiries.6. 31 January 2019. The laws on extreme pornography can then provide a basis for regulation, with their specific focus on the more violent and misogynistic forms of pornography. Following the approach of laws on child sexual abuse images, the focus turned to prohibiting possession. Obscene Publications Act 1959 . Of the nine women charged with offences, one was aged 30–39, three were aged 40–49, two were aged 60–69 and two were aged 70–79.  The proclamation commanded the prosecution of those guilty of "excessive drinking, blasphemy, profane swearing and cursing, lewdness, profanation of the Lord's Day, and other dissolute, immoral, or disorderly practices".
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