Last amended by Obscene Publications Act 1964 in 1964. Extended the offence to having an obscene article for publication for gain, closing a gap exposed by case law on what counted as 'publication'.
Independent editorial summary — not the official statute text. Read the official version on legislation.gov.uk.
Summary
The Obscene Publications Act 1959 reformed the law of obscenity in England and Wales, replacing the common-law Hicklin test with a statutory definition and adding important defences. Under s.1 an article is obscene if its effect, taken as a whole, is such as to tend to deprave and corrupt persons who are likely, having regard to all relevant circumstances, to read, see, or hear it. Section 2 creates the offence of publishing an obscene article (whether or not for gain), and the Obscene Publications Act 1964 extended liability to having an obscene article for publication for gain. Section 3 provides powers of search, seizure, and forfeiture. Crucially, s.4 provides a 'public good' defence where publication is justified as being in the interests of science, literature, art, or learning, and allows expert evidence on a work's merits — the defence relied on in the 1960 Lady Chatterley's Lover trial (R v Penguin Books).
Key Points
- Statutory test of obscenity — an article is obscene if its effect, taken as a whole, tends to deprave and corrupt likely readers/viewers (s.1)
- Offence to publish an obscene article (s.2); extended to possession for publication for gain by the Obscene Publications Act 1964
- Powers of search, seizure, and forfeiture of obscene articles (s.3)
- 'Public good' defence — publication justified in the interests of science, literature, art, or learning (s.4)
- Expert evidence admissible on a work's literary, artistic, scientific, or other merits (s.4)
Parts & Sections
Amendments History
1964 — Obscene Publications Act 1964
Extended the offence to having an obscene article for publication for gain, closing a gap exposed by case law on what counted as 'publication'.
Frequently asked questions
- What actions are considered offences under the Act?
- Section 2 of the Act makes it an offence to publish an obscene article, regardless of whether it is done for financial gain. Additionally, the Obscene Publications Act 1964 extended this liability to include having an obscene article specifically for the purpose of publication for gain, closing a gap in the original legislation.
- Is there a defence available for publishing material that might be considered obscene?
- Section 4 provides a defence if the publication is justified as being in the interests of science, literature, art, or learning. This 'public good' defence allows for expert evidence to be presented regarding the work's literary, artistic, or scientific merits. This defence was notably relied upon in the 1960 trial concerning Lady Chatterley's Lover.
- What powers do authorities have to deal with obscene material?
- Section 3 of the Act grants authorities the power to search for and seize obscene articles. It also provides for the forfeiture of these articles by a magistrates' court. These powers are designed to enforce the prohibitions against the distribution and possession of obscene material for publication.
- How did the 1964 Act change the original 1959 legislation?
- The original 1959 Act focused on the act of publishing. However, case law exposed gaps regarding what constituted 'publication'. The Obscene Publications Act 1964 addressed this by explicitly extending the offence to include having an obscene article for the purpose of publication for gain, thereby broadening the scope of criminal liability.