Obscene Publications Act 1959
E1002668
The Obscene Publications Act 1959 is a key UK law that redefined and liberalized the legal test for obscenity in literature and other media, famously tested in the Lady Chatterley’s Lover trial.
Statements (51)
| Predicate | Object |
|---|---|
| instanceOf |
Act of Parliament of the United Kingdom
ⓘ
United Kingdom statute ⓘ |
| amendedBy |
Criminal Justice Act 1988
NERFINISHED
ⓘ
Criminal Justice and Public Order Act 1994 NERFINISHED ⓘ Obscene Publications Act 1964 NERFINISHED ⓘ other subsequent UK criminal justice legislation ⓘ |
| appliesIn |
England
NERFINISHED
ⓘ
Northern Ireland NERFINISHED ⓘ Wales NERFINISHED ⓘ |
| appliesTo |
books
ⓘ
films ⓘ magazines ⓘ other articles containing or embodying matter to be looked at, read or heard ⓘ pamphlets ⓘ sound recordings ⓘ |
| areaOfLaw |
criminal law
ⓘ
media law ⓘ obscenity law ⓘ |
| country | United Kingdom ⓘ |
| createsOffence |
possessing obscene articles for publication for gain
ⓘ
publishing an obscene article ⓘ |
| createsPower | power to issue search warrants for obscene articles ⓘ |
| definesTerm | obscene ⓘ |
| doesNotApplyIn | Scotland NERFINISHED ⓘ |
| effect |
allowed expert evidence on literary, artistic and scientific merit
ⓘ
liberalized the legal approach to literary obscenity in the UK ⓘ shifted focus from isolated passages to the work taken as a whole ⓘ |
| famousFor | being the statute applied in the Lady Chatterley’s Lover obscenity trial ⓘ |
| inspiredBy | concerns about censorship of serious literature in the mid-20th century United Kingdom ⓘ |
| introducedConcept | public good defence ⓘ |
| jurisdiction |
England and Wales
ⓘ
Northern Ireland ⓘ |
| keyTest | tendency to deprave and corrupt persons likely to read, see or hear the material ⓘ |
| legalTest | whether the effect of the article taken as a whole is such as to tend to deprave and corrupt likely audience ⓘ |
| longTitle | An Act to amend the law relating to the publication of obscene matter; to provide for the protection of literature; and to strengthen the law concerning pornography ⓘ |
| parliament | Parliament of the United Kingdom NERFINISHED ⓘ |
| providesDefence |
public good based on interests of science, literature, art or learning
ⓘ
public good based on other objects of general concern ⓘ |
| purpose |
to define the criminal offence of publishing obscene material
ⓘ
to protect serious literature from prosecution for obscenity ⓘ to reform and liberalize the law on obscenity ⓘ |
| relatedCase | R v Penguin Books Ltd [1961] (Lady Chatterley’s Lover trial) NERFINISHED ⓘ |
| replaced | common law offence of obscene libel in relation to publications ⓘ |
| royalAssentDate | 1959-07-29 ⓘ |
| section |
section 1 – test of obscenity and offences of publication and possession for gain
ⓘ
section 2 – penalties and forfeiture of obscene articles ⓘ section 3 – search warrants and seizure of obscene articles ⓘ section 4 – defence of public good ⓘ |
| shortTitle | Obscene Publications Act 1959 NERFINISHED ⓘ |
| status | Amended ⓘ |
| yearEnacted | 1959 ⓘ |
Referenced by (1)
Full triples — surface form annotated when it differs from this entity's canonical label.
Lady Chatterley's Lover was subject to obscenity trials
→
hasKeyLegislation
→
Obscene Publications Act 1959
ⓘ