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Report No. 109

5.11. "Indecent" and "obscene" in Post Office Act.-

In Englarid, the sending by post of "indecent or obscene" writings etc. or indecent or obscene article is punishable by statute. It has been held that in section 11 of the Post Office Act, 1953, the words "indecent or obscene" convey one idea, namely, "offending against the recognised standards of propriety, indecent being at the lower end of the scale and obscene at the upper end of the scale an indecent article is not necessarily obscene whereas an obscene article must almost certainly be indecent."1 It is possible that the expression "indecent" (in the Post Office Act) is not confined to sexual indecency, and extends to other improper matter.2

1. Stanley, (1965) 1 All ER 1035.

2. Smith & Hogan Criminal Law, (1978), pp. 796, 797.



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