The Obscene Publications Act, 1959
| Author | A. Laurence Polak |
| Published date | 01 March 1961 |
| Date | 01 March 1961 |
| DOI | http://doi.org/10.1177/0032258X6103400206 |
| Subject Matter | Article |
A.
LAURENCE
POLAK,
B.A.
Mr. Polak comments on the law relating to the publishing
of
obscene
matter, considering the1959
Act
in the light
of
the findings
of
the
Select Committee
of
1956-58 and
of
earlier judicial decisions before
offering our readers a guide to the new Statute.
The
Obseene
Publieations
Aet,
19:;9
THE
VERDICT
OF
THE
JURY,
at the Central Criminal Court, in R. v.
Penguin Books, Ltd. (The Times, November 3, 1960) has aroused
much controversy.
It
was the first important case under the Act
of 1959, which effected considerable changes in the law relating to
obscene publications. The Act came into operation on August 29,
1960-one
month after it was passed into law. Before that date
there
were-
(1) the common law misdemeanour
of
publishing any obscene
matter-i.e.
"matter
tending to deprave and corrupt those whose
minds were open to immoral influences and into whose hands
the publication might
fall"
(R. v. Hicklin (1868) L.R.3 Q.B. 360);
(2) the statutory provisions, contained in the Obscene Publica-
tions Act, 1857 (generally known as
"Lord
Campbell's Act
"),
conferring upon magistrates power to seize and destroy any obscene
books, writings or
pictures"
published"
for gain (no power of
prosecution or conviction existed under the Act of 1857);
(3) the statutory offence of sending indecent or obscene matter
through the post, under the PostOffice Act, 1953, and enabling
regulations to be made for preventing such sending or delivery;
(4) the statutory offences, under various enactments (e.g. the
Customs and Excise Act, 1952), of unlawfully importing prohibited
goods, and the proceedings for condemnation of such goods,
including obscene matter.
with
(l)
and (2); (3) and (4) are not affected save indirectly in so
far as they are concerned with the new statutory definitions of the
terms"
obscene"
and"
publishes", the new statutory defences to
what would otherwise constitute offences under the1959 Act,
and the new criteria to be considered in connexion with seizure
and (as it is now called) " forfeiture"
of"
obscene articles kept for
publication or
gain".
March-April 1961 105
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