U.K.'s Crown Prosecution Service Seeks to Revise 'Obscenity' Laws

U.K.'s Crown Prosecution Service Seeks to Revise 'Obscenity' Laws

LONDON — The U.K.’s Crown Prosecution Service today launched a public consultation effort to help revise legal guidance to the country’s “obscenity” laws.

The Crown Prosecution Service said that a 12-week public comment period, starting today, will offer assistance to prosecutors making charging decisions in cases that fall under the U.K.’s Obscene Publications Act of 1959.

“When complete, it is anticipated that the revised legal guidance will come into effect in late 2018,” the Crown Prosecution Service said in a statement.

The Obscene Publications Act of 1959 makes it a crime to publish material which might “deprave or corrupt” those who are likely to see, read, or hear it.

Now, the Crown Prosecution Service could change make some alterations to it after hearing from the public.

“The guidance is being revised to provide more clarity about what an ‘obscene’ publication” might be and places an increased focus on those who may view this material which may determine whether a criminal offence has been committed,” the Crown Prosecution Service said.

“Prosecutors might also consider other offences when dealing with ‘obscene publications,’ for example outraging public decency, possession of an extreme pornographic image, disclosing private sexual images without consent, and offences against the Malicious Communications Act 1988 and Electronic Communications Act 2003.”

U.K. industry lawyer Myles Jackman, known as the “obscenity” attorney in the country where he practices, called the consultation effort “a watershed moment in U.K. ‘obscenity’ law.” 

“The consultation on the Obscene Publication Prosecution Guidance may return a liberal result that effectively decriminalizes content depicting consensual sexual activities,” Jackman told XBIZ today.

“This would be an enormous victory for free speech for performers and consumers of adult content in the U.K., with an inevitable benefit to the economy, as well as enshrining consent culture in U.K. law.”

The consultation will run for 12 weeks through Oct. 17. The current legal guidance is available here.

Consultation is framed within five Crown Prosecution Service questions that can be responded to online and through the mail. The questions are:

  • Do consultees agree or disagree with the guidance that the showing or realistic depiction of sexual activity / pornography which constitutes acts or conduct contrary to the criminal law is (subject to the statutory defenses) likely to be obscene?
  • Do consultees agree or disagree with the guidance that prosecutors must exercise real caution when dealing with the moral nature of acts not criminalized by law, and that the showing or realistic depiction of sexual activity / pornography which does not constitute acts or conduct contrary to the criminal law is unlikely to be obscene?
  • Do consultees agree or disagree with the guidance that prosecutors, when assessing obscenity, should consider: Whether the activity is consensual; whether or not serious harm is caused; whether or not it is inextricably linked with other criminality; and whether the likely audience is not under 18 or otherwise vulnerable.
  • Do consultees agree or disagree with the guidance that the showing or realistic depiction of other acts or conduct which are contrary to the criminal law is also capable of being obscene?
  • Do consultees have any further suggestions for guidance to prosecutors in assessing “obscenity” when considering allegations falling under the Obscene Publications Act 1959?

To respond to the Crown Prosecution Service’s consultation, click here for the questions. Once downloaded and answers are completed, send back to dla.team@cps.gov.uk by midnight (GMT) on Oct. 17. Include your name, organization, address, telephone number and email address in the response.

Copyright © 2024 Adnet Media. All Rights Reserved. XBIZ is a trademark of Adnet Media.
Reproduction in whole or in part in any form or medium without express written permission is prohibited.

More News

Failed Film Festival Returns to LA

The Failed Film Festival is returning to Los Angeles, taking place Saturday at Media Pollution.

Jessica Ryan Stars in Elegant Angel/Adam & Eve Collab 'MILF Dreams'

Jessica Ryan stars with Danny Mountain in the new collaborative release from Elegant Angel and Adam & Eve, titled "MILF Rebound."

Sir Peter on His Stellar Journey to Gay All-Star

Sir Peter remembers his youth in Portugal as a tough time. He contended with a lot of bullying, self-hatred and a growing understanding that life is profoundly challenging. Fortunately, he was able to draw strength from his family — especially his twin brother, who offered much-needed support.

JustFor.fans Launches BlueSky Autoposting Feature

JustFor.fans has launched a new BlueSky autoposting feature that shares JFF posts on the social media platform.

Molly Little Stars in New Brazzers Release

Molly Little stars with Zane Walker in the latest release from Brazzers, titled "Backyard Fuckboy."

Pineapple Support Introduces 'Sacred Rage' Support Group for Performers, Creators

Pineapple Support will host a free online support group for performers and creators, designed for individuals struggling with intense emotions and the pain often hidden behind their anger.

Kansas Attorneys Seek Plaintiffs to Sue Adult Companies Over Age Verification

The Free Speech Coalition (FSC) has released a statement warning that a personal injury law firm in Kansas is soliciting plaintiffs to sue adult companies over the state's age verification

Angela White Stars in Latest From Brazzers

Multi-XBIZ Award-winner Angela White stars with Ken Feels in the latest release from Brazzers, titled “Stuck in the Cum Lab.”

Adult Time Debuts 2 New Gonzo Series Pilots

Adult Time has premiered the pilots for two new gonzo series, "Raunch" and "All-Sex Studio (A.S.S.)."

Sky Wonderland Makes Her Debut For Vixen

Sky Wonderland has made her Vixen debut alongside Parker Ambrose.

Show More