Report No. 109
3.4. Publication of obscene article.-
The general law of obscenity in England is contained in the Obscene Publications Act, 1959. A person who
(i) publishes an obscene article, whether for gain or not; or
(ii) "has" an obscene article for gain (whether gain to himself or gain to another),1 is punishable. The meaning of the expression "publishes" is defined, inter alia, as covering anyone who distributes or circulates an obscene article.2 An elaborate test3 of obscenity is also laid down.
1. Section 2(1), Obscene Publications Act, 1959.
2. Section 1(3), Obscene Publications Act, 1959.
3. Section 2(6), Obscene Publications Act, 1959.
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