Flashcards
Obscenity essay
Flashcards do conjunto (19)
- 1what is s1 of the obscene publications act 1964?"an article shall be deemed as obscene if the effect of any of its items is, if taken as a whole, such as tend to deprave or corrupt persons, who are likely, having regard to the circumstances, to read or see or hear the matter embodied in it"
- 2what case was the previous test set out in?R v Hicklin - "innocent schoolgirl test" - is the publication intended to deprave or corrupt innocent school girls should it fall in their hands.
- 3What does s2 of the obscene publications act state?-anything which contains matters to be read or looked at as well as records, films and videos
- 4what other acts stated what other things can be counted as obscene materials?Broadcasting Act 1990 - tv programmes
criminal justice and public order act - computer images - 5what does section 1 of the obscene publications act 1959 state?article should be looked at as a whole.
"work should be taken as a whole in considering whether it or any items are obscene" - 6what was case established that magazines should be taken as an item rather than a whole?R v Anderson
- 7What was established in R v Goring?the whole film was deemed obscene
- 8what standard are obscene materials judged by?the likely readers
- 9what case established that although the article was only saw by the officers, it was obscene as persons likely to view the material must mean only some persons, which is more than negligable number?R v Perrins
- 10what act sets out there many be penalites for possession of pornography?s63 criminal justice and immigration act 2008
- 11what does s63 of the criminal justice and immigration act say?if an image is pornographic, it is grossly offensive, disgusting or otherwise obscene, or portrays any of specific criteria laid down you will get penalised for the possession of that pornography
- 12what are the arguments surrounding s63 o the criminal justice and immigration act?- it is done adults/actors
-it lowers the global standard
-affects peoples article 8 and 10 rights - 13what can you compare pornography to?modern art
modern society shows pictures of sexual explicit content all the time, in tv shows, adverts and magazines, newspapers - why is it fair? - 14what is the argument surrounding artist images?the margin of appreciation isn't use enough
instit v austria - film was going to be screened infront of previously informed audience, it was concered with blasphemous roman catholic standards -no violation of article 10 and margin of appreciation prevailed - 15what is the name of rowbottoms journal articleobscenity laws and the internet: targetting supply and demand
- 16what was rowbottoms argument surrounding the internet?it is hard to find the publisher of media online that may be obscene - the producer may hide under a different name, diguise their identity, or be based outside the jurisdiction
- 17what is the contrasting argument regarding the internet?the obscene publicatoins act does carry a wide definition of publication -
confirmed in R v perrin COA held that publication takes place when images are accessed in the uk - 18what is the issue regarding images that are made abroad?99% are made abroad, it is difficult to find the owner or charge
- 19what is rowbottoms other argument?- it is difficult to state who the likely reade rmight be - everyone has access to the internet, this lowers the threshold of the "deprave and corrupt test"
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- FlashCards sobre Obscenity essay, criado por jenniferacossey em 17-05-2015.
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