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Indecency Offences
In contrast to obscenity, indecency is concerned with material that is offensive to public susceptibilities and a nuisance rather than harmful. No easy definition of indecency exists. The courts have said that this is something that ‘offends against the modesty of the average man, offending against recognised standards of propriety at the lower end of the scale’. The standards depend on the circumstances and current standards. This vagueness is problematic. Posters for causes such as animal rights, which are deliberately intended to shock their audience, have sometimes had to contend with indecency prosecutions. Indecency is easier to prove than obscenity because there is no defence of public good, there is no need to consider the article as a whole and there is no need to satisfy the ‘deprave and corrupt’ test.
There is no general crime of trading in indecent articles as there is with obscene ones, but a number of specific offences incorporate the indecency test. Thus, it is a crime to send indecent matter through the post, or to put it on public display unless entry is restricted to persons over 18 and payment is required, or the display is in a special part of a shop with an appropriate warning notice. The indecency offences do not apply to:
In addition to these offences, local councils can now adopt powers to regulate sex shops and sex cinemas in their areas. Council licences always prohibit the public display of indecent material and licences can be revoked if breaches of these conditions occur. Similarly, the music and entertainment licences granted by local authorities will often be conditional on the licensee ensuring that no indecent display takes place. Breach of this condition is both an offence and a ground for withdrawing the licence.
Importation of Indecent Articles
Customs regulations prohibit the importation of indecent articles. The bookshop ‘Gay’s the Word’ was prosecuted under these provisions for importing books concerned with homosexuality. However, the European Union (EU) provisions on free trade have substantially undermined these restrictions. In the case of the United Kingdom, there is a legitimate market in indecent - but not obscene - articles as long as the traders observe the restrictions noted above. Consequently, Britain cannot discriminate against the importation of the same indecent books from other EU countries. European law prevails over the British customs regulations. For these reasons the prosecution of ‘Gay’s the Word’ was dropped.
There is no general crime of trading in indecent articles as there is with obscene ones, but a number of specific offences incorporate the indecency test. Thus, it is a crime to send indecent matter through the post, or to put it on public display unless entry is restricted to persons over 18 and payment is required, or the display is in a special part of a shop with an appropriate warning notice. The indecency offences do not apply to:
- Television broadcasts, however the BBC and private television companies operate under internal prohibitions on indecent matter.
- Exhibitions inside art galleries or museums.
- Exhibitions arranged by or in premises occupied by the Crown or local authorities.
- Performances of a play or films in licensed cinemas.
In addition to these offences, local councils can now adopt powers to regulate sex shops and sex cinemas in their areas. Council licences always prohibit the public display of indecent material and licences can be revoked if breaches of these conditions occur. Similarly, the music and entertainment licences granted by local authorities will often be conditional on the licensee ensuring that no indecent display takes place. Breach of this condition is both an offence and a ground for withdrawing the licence.
Importation of Indecent Articles
Customs regulations prohibit the importation of indecent articles. The bookshop ‘Gay’s the Word’ was prosecuted under these provisions for importing books concerned with homosexuality. However, the European Union (EU) provisions on free trade have substantially undermined these restrictions. In the case of the United Kingdom, there is a legitimate market in indecent - but not obscene - articles as long as the traders observe the restrictions noted above. Consequently, Britain cannot discriminate against the importation of the same indecent books from other EU countries. European law prevails over the British customs regulations. For these reasons the prosecution of ‘Gay’s the Word’ was dropped.
