Accordingly, we and the artist have taken steps to ensure children are adequately protected including: We have confirmed that informed written consent was given by participants and the artist has confirmed this in writing. Section 1(2) broadly defines an article to include works that can be read or looked at, including recordings, films and pictures (including negatives of pictures, under Section 2(1) of the OPA 1964). Gallery directors could seek to explain the artistic merit in the work and argue that they are showing work for public good. A i by inserting in section three at the end of the definition.This Act may be cited as the Obscene Publications wtitla. If the work may be viewed by children, refer to local authority child protection policies. A. See also. . The artist is a young practitioner whose talent is championed by a number of distinguished scholars, writers, artists and producers. However, a display projected onto the outside wall of a gallery would not be covered by this exception. Publishing an “obscene” article is a criminal offence. Sign in to disable ALL ads. If a local authority or the police ask to see particular artistic material you should ask them to clarify whether they are demanding that you hand over the material, or whether they are simply asking for your voluntary co-operation. (3) In proceedings brought against a person under the said section 2 for having an obscene article for publication for gain the following provisions shall apply in place of subsections (5) and (6) of that section, that is to say,—, (a) an application for a case to be stated or for leave to appeal shall be treated as the institution of an appeal; and. The European Court of Human Rights has stated on numerous occasions that the right to freedom of expression includes the right to shock, disturb and offend. The most important of the Convention’s protections in this context is Article 10. Do I have to give the script of a play or images I intend to exhibit to the police or local authority prior to the show opening if requested? Section 1(5) of the OPA 1964 defines it as to “accrue by way of consideration for the publication or in any other way.” “Consideration” will cover financial advantage. The Immigration Act 1982. Freedom of expression is essential to the arts. Listen to the audio pronunciation of Obscene Publications Act 1964 on pronouncekiwi. In some limited cases, it may be argued that it was unaware of the true nature of the work. Such a policy can be drafted with the help of a lawyer or other arts organisations with experience of exhibiting controversial works. However, “any other way” is not defined further so the exact parameters of this form of offence are unclear. It is more likely that a gallery or artist will be permitted to display controversial works if they are well known and if it is generally considered that the work has artistic merit. The Girls' and Women's Protection Act 1920. A. A person also commits an offence if they are in possession of an obscene article intended for publication for gain. for an offence against this section shall not be commenced more than two years after the commission of the offence. The Obscene Publications Act 1964 made several minor additional provisions to the 1959 Act. 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. What's on TV & … The Liquor Licensing Act 1964. The nature of material that can be held to be obscene is not limited to material of a sexual nature. A person charged with an offence under the OPA has a right to ask to be tried by a jury. In R. v Gibson (Richard Norman) [1990], earrings made from human foetuses displayed in art gallery were found to be “obscene”. Section 1 of the Act provides definitions of “article”, “publish” and “obscene”. „. The law itself is often contradictory, and even the rights that underpin the laws are fraught with qualifications that can potentially undermine artistic free expression. Here's a summary of some of its more significant rulings from 1957 to 1997. The decision might be documented as follows: Example: A festival wishes to present a stagebased performance involving body piercing, bodily fluids and female nudity at a high profile publiclyfunded theatre. The BBFC may not pass any material likely to infringe the criminal law. What defences does the gallery/theatre potentially have? (7) In this section ‘film exhibition’ has the same meaning as in the Cinemas Act 1985. The Maintenance Act 1970. The packs have been made possible by generous pro-bono support from lawyers at Bindmans LLP, Clifford Chance, Doughty Street, Matrix Chambers and Brick Court. 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 High Court of Delhi held that the “Bharat Mata” painting by Maqbool Fida Husain was not obscene under section 292 of the Indian Penal Code. They can all be downloaded from www.indexoncensorship.org/artandoffence or order a print copy from [email protected] – postage will be charged. As Sir Stephen Sedley, a former Court of Appeal judge, explained: “Free speech includes not only the inoffensive but the irritating, the contentious, the eccentric, the heretical, the unwelcome and the provocative provided it does not tend to provoke violence. Q. The police can seize work under search warrants or as evidence for future prosecution. If you are unsure about your responsibilities under the law at any time, you must obtain independent specialist legal advice. 1. Yes. Obscene publications are governed by the Obscene Publications Act 1959 and the Obscene Publications Act 1964. We have conducted a risk assessment and put a number of protocols in place in collaboration with the artist and venue to ensure there are no health and safety breaches and that the artists, audience and venue staff are not at risk. As indicated in these packs, and illustrated by the online case studies – available at indexoncensorship. Can I challenge a decision by a local authority or police body? There are very limited defences to offences under the OPA 1959 that apply if a court decides that an item is obscene. 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 officer must be on the premises lawfully, such as being on public property, carrying a warrant or have been invited in. The Obscene Publications Act (OPA) was extended to include films and videos in 1977. Where an artistic work presents ideas that are controversial or shocking, the courts have made it clear that freedom of expression protections still apply. We have consulted with the trustees of both the festival and the venue. There is useful information on this on http://ncac.org/resource/museum-bestpractices-for-managing-controversy/. The key legislation for the BBFC in this area is The Obscene Publications Act 1959 and 1964, The Cinematograph Films (Animals) Act 1937, The Animal Welfare Act 2006 and The Protection of Children Act 1978 as discussed below. The feeling of the work’s proximity might seem akin to being slapped in the face, held by the scruff or punched in the gut. The Age of Majority Act 1853. Creation of the Commission on Obscenity and Pornography, Public Law 100, 90. th . Appendix I: Documenting and explaining a decision. (3A) Proceedings for an offence under this section shall not be instituted except by or with the consent of the Director of Public Prosecutions. (1) [Amends the Obscene Publications Act 1959, above.]. The work is made in response to a debate of general public interest – society’s approach to the portrayal of the LGBTI community. If the arts organisation succeeds, it may be entitled to reimbursement of expenses (usually around 60- 70%) and it may be entitled in some cases to an award of money by the court. Under the Obscene Publications Acts 1959 and 1964 it is an offence to publish an obscene article or to have an obscene article for publication for gain. The police have the right to enter and search premises and to seize artworks in certain defined circumstances. Obscene Publications Act 1964 (c. 74) Document Generated: 2020-06-25 3 Changes to legislation: There are currently no known outstanding effects for the Obscene Publications Act 1964. The accused may assert that they had not seen the works or had no reason to believe that the works were obscene. It is the European Convention on Human Rights that is currently relevant to UK law. But the laws and practices that protect and nurture free expression are often poorly understood both by practitioners and by those enforcing the law. The powers of the police and prosecuting authorities. Beyond aesthetic extremity, a controversial work may also contravene other limits, be they cultural, social, political or legal. This is particularly important where controversial works are to be presented in small, rural or conservative communities where there is a greater risk of causing offence or where police officers are unused to the concept of freedom of expression in art. An artistic performance or exhibition may present material or themes that cause offence to members of the public or members of different social groups. The publishers of Cain's Book were convicted under the Act, and their appeal to the Divisional Court was dismissed. Thus to a certain extent, artists and galleries can rely on their right to freedom of expression under Article 10 of the European Convention on Human Rights: the right to receive and impart opinions, information and ideas, including those which shock, disturb and offend. Complaints: The applicant claimed a violation of Censorship of the arts in the UK results from a wide range of competing interests – public safety and public order, religious sensibilities and corporate interests. Previous: Public Order Act 1986 Exit book ... Data retention summary. 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. On the other hand, the court must consider the work’s artistic merit. IT departments must therefore ensure that the organisations systems and networks are protected from any possible illegal activities. Irish law diverged from English law in 1929, replacing the OPA 1857 with a new Irish act. Here it applies if publication of the film or soundtrack is justified as being for the public good because it is in the interests of drama, opera, ballet or any other form of art, literature or learning. If a gallery has taken the steps recommended in this guidance and considered the likely reasonable response of the public properly and in advance, there are reasonable prospects of heading off a prosecution or convincing a jury that the work was not obscene or that a defence should apply. The first deals with showing and distribution, the second with possession of an obscene article with the intention of showing or distributing it. „. the Obscene Publications Act 1959, as amended by section 1 (1) of the Obscene Publications Act 1964, two summonses against the applicant for the following offences: (a) on 31 March 1971 having in his possession 1,069 obscene books entitled "The Little Red Schoolbook" for publication for gain; Menu. Section 2(1) of the OPA states that a person commits an offence if they publish an obscene article, whether or not they do so for gain. Legislation is law which has been promulgated by a legislature or other governing body or the process of making it. A publication should not deprave and corrupt people who read, see or hear about its subject matter. Everyone has the right to freedom of expression. Works that fall outside of the scope of the OPA may come under the Theatres Act or the common law offence of outraging public decency, while possession of extreme pornographic images could fall under the Criminal Justice and Immigration Act 2008. The Obscene Publications Act 1927. The accused would need to prove that publication or other public presentation was justifiably in the public good, having weighed all these factors. This work is made in response to a debate of general public interest – society’s approach to the human body. Thank you for helping build the largest language community on the internet. You only have to provide a copy of a script (or any document or property) if the police or local authority has a legal power to view and seize that material. First, there must be a lewd or disgusting or obscene act that outrages minimum standards of public decency as judged in a contemporary society. Full Cast and Crew | Release Dates | Official Sites | Filming & Production | Technical Specs. Skip Table of contents. All of these defences have their limitations and will be dependent on the views that others take of the work. The Births, Marriages and Deaths Registration Act 1983. Censorship, obscenity and freedom of expression reflect the higher question of what, in a particular time and place, is sayable or unsayable. For practical reasons, as a matter of common sense, the more cooperative and constructive an artistic body appears to be, the less likely it is that the police would move precipitously to shut down a work. “Learning” is to take its normal meaning of “being the product of scholarship, something with inherent excellence gained by the work of a scholar” [DPP v. Jordan (1977) A.C. 699]. Q. Second, the act must be in public view, accessible or within view of the public so it is capable of being seen by at least one person, and it must be in the presence of two or more people, regardless of whether they actually witness the act or are outraged by it. We recognise the privilege of living in a country where creating, exhibiting, and experiencing such work is protected by fundamental human rights enshrined in UK law. News | Episode aired 27 February 1964 Previous All Episodes (877) Next Add a Plot » Added to Watchlist. If the police seek to remove or prevent the presentation of a work, seek legal advice urgently. 3 . This right shall include freedom to hold opinions and to receive and impart information and ideas without interference by public authority and regardless of frontiers. A. In general is it a good idea to cooperate with the police? Movies. This pack is not a substitute for legal advice. The court might quash the decision under challenge, and/ or require the public authority to adopt a different procedure in its decision-making. As with the other documents in this series, this booklet is intended as an introduction to the legal framework that underpins the qualified right of freedom of expression enjoyed by artists and arts organisations in the UK. The Swaziland Citizenship Act 1992. Yet the conviction that an artist must be free to explore the limits of one’s personal and collective possibility can slip into cliché, or obscure the possibility that my freedom may sometimes impinge on the freedoms of others – curtailing, say, a viewer’s right to remain safe from personal discomfort, psychological upset, intolerance or hate, or the supposed dangers of moral turpitude. The packs have been designed and printed by Clifford Chance, Greg Thompson, Design Specialist, Document Production Unit. Q. liable to a. An order under that section empowers any police officer to require the person named in the order to produce a script of the play and to allow the officer to make a copy of it. Vivarta is a digital media news lab and advocate for free expression rights. Report of the Commission on Obscenity and Pornography "(1) For the purposes of this act an article shall be deemed to be obscene if its effect or (where the article comprises two or more distinct items) the effect of any one of its items is, if taken as a whole, such as to tend to deprave and corrupt persons who are likely, having regard to all relevant circumstances, to read, see or hear the matter contained or embodied in it. (1) In section 2(1) of the [7 & 8 Eliz. However, it is possible to apply for a claim to be heard quickly if there are good grounds to do so. Where there is a hate crime element police will refer the case to the Crown Prosecution Service. By being too much works of art or performance that reinvent the scope of the sayable will inevitably strain at the limits of aesthetic acceptability. Not all artists are intent on pushing the boundaries of this problem, but when we do so, our work might appear to others as too intense, too ugly, too beautiful, too crazy, too painful, too long, too weird, too personal, too pleasurable. The appeal was brought by private complaints, filed in various parts of India, that were against the famous painter Maqbool Fida Husain and his painting titled “Bharat Mata” (Mother India), which was advertised in an online charity auction for earthquake victims. Freedom only to speak inoffensively is not worth having.” (Redmond-Bate v Director of Public Prosecutions, 1999). Release Calendar DVD & Blu-ray Releases Top Rated Movies Most Popular Movies Browse Movies by Genre Top Box Office Showtimes & Tickets Showtimes & Tickets In Theaters Coming Soon Coming Soon Movie News India Movie Spotlight. We may feel squeamish before representations of the spilling of blood, open wounds, sex or extremely intimate demonstrations. 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