Freedom of Expression
Under English Law there is a right to freedom of expression meaning that the press, written media and all people within the UK are able to express themselves freely. There are however, some restrictions to this general rule.
The restrictions imposed on freedom of expression are concerned with the following areas:
- Obscene material
- Indecent material
- Behaviour on the grounds of race
- Behaviour on the grounds of religion
The restrictions in these three areas are governed by the Obscene Publications Act 1959, the Obscene Publications Act 1964, the Indecent Displays (Controls) Act 1981, the Public Order Act 1986 and the Racial and Religious Hatred Act 2006.
What is meant by Obscenity?
Section 1 of the Obscene Publications Act 1959 sets out the test for obscenity and states that an article will be deemed obscene if its effect or effects, in the case where the article is made up of two separate elements, if taken as a whole, tend to deprave and corrupt persons who are likely, when all the circumstances are considered, to read, see or hear the matter contained or embodied in it.
The key elements are as such:
- There must be an article
- Which is taken as a whole
- The effect of the article would tend to deprave or corrupt
- Those people who are likely to see or hear the article
What is meant by Article?
The definition of article is a wide one and specifically includes anything that a person can read or look at or both. Any sound recording, any film or any other kind of record of a picture or pictures.
Examples of articles:
The following are examples of what will be deemed an article under the legislation:
- Video recordings
- Audio recordings
- Negatives or information kept in electronic form
Is anything exempt under the legislation?
Both television and radio transmissions are exempt under the legislation.
Taken as a whole
What is meant by taken as a whole?
Taken as a whole means just that and relates to the whole of an article. If we look at a book for example the whole of the book will have to be examined in order to decide whether its content would be construed as obscene. There are some cases where articles are made up of distinct elements, for example a magazine or a newspaper. In the case of these articles the separate and distinct elements would be examined and the magazine for example may be found to be obscene simply on the strength of one or more article being considered obscene.
Deprave and Corrupt
What is meant by Deprave and Corrupt?
The word deprave is defined as deviating from what is considered moral or right or proper or good.
The word corrupt is defined as being changed from a sound condition to an unsound one, spoiled, contaminated, rotten, deteriorated from the normal or standard.
For the court will need to prove that the effect of the matter would tend to deprave and corrupt. In order for the court to prove this they will need to examine how it would effect the mind or emotions of the person who was likely to see, hear etc the article. There is no need to prove that the article has resulted in any act committed it is simply if the court views the effect is likely to deprave and corrupt the individual who is likely to come into contact with the article.
Examples of this could include images of extreme sexual activity such as bestiality, necrophilia, rape or torture.
Who is likely to come into contact with the article?
In a case of obscene publication a significant examination of the likely audience will have to be undertaken – this can be readers of a magazine, newspaper, book or likely viewers of a television program or film for example.
Once this is established the court will further need to establish whether the effect of the material is likely to deprave or corrupt a significant proportion of the audience.
Publication is taken to mean the distribution of an article, the circulation, selling, hire, giving or lending of an article.
For more information on:
- Do these laws apply to the Internet?
- Indecent Material
- What is Indecent Material?
- What is the offence under the Act?
- How is the Law concerning Indecent Material Affected by the Internet?
- Racially Offensive Material
- Racial Hatred
- Offence of Inciting Racial Hatred
- Religious Hatred
- Inciting Religious Hatred