8. Freedom of Expression (Article 10) II: Obscenity and Indecency

Abstract

Course-focused and comprehensive, the Textbook on series provide an accessible overview of the key areas on the law curriculum. This chapter examines law relating to the control of obscenity and indecency. It first looks at the arguments for and against restriction. It then discusses provisions for obscenity and indecency under the Human Rights Act 1998; legal methods to control the distribution and availability of obscene or indecent material; offences and other procedures which apply to printed material and internet publications; and controls over films, DVDs, videos, live performance, and broadcasting. The chapter also considers two types of general control which are not specifically linked to a particular type of publication or article. The first relates to the distribution of sexual material, and covers controls over premises. The second type of control is that covering the import of materials, and exercised by HM Revenue and Customs (HMRC).