Summary
The Obscene Publications Act 1959 reformed the law of obscenity, replacing the Hicklin test with a new statutory test. An article is obscene if its effect, taken as a whole, tends to deprave and corrupt those likely to read, see, or hear it.
Key Points
- Obscenity test — article is obscene if its effect tends to deprave and corrupt (s.1)
- Offence to publish an obscene article (s.2)
- Public good defence — publication justified as being for the public good in the interests of science, literature, art, or learning (s.4)
- Expert evidence admissible on literary or artistic merit
- Search and seizure powers for obscene articles
Parts & Sections
Amendments History
1964 — Obscene Publications Act 1964
Extended the offence to possession for gain.