单词 | obscenity |
释义 | obscenity obscenity the effect of an article to tend to deprive and corrupt per- sons likely to come into contact with it, according to the Obscene Publications Act 1959 (as amended). The balance against censorship is sought to be maintained by the inclusion of a defence that the pub- lication is justified as being for the public good on the grounds that it is in the interests of science, literature, art or learning, or other sub- jects of general interest. Perhaps the most celebrated prosecution was R v. Penguin Books [1961] Crim. LR 176, the article in question beingD. H. Lawrence's novel Lady Chatterley's Lover. The defence showed the moral attitude of the legislation and, indeed, showed the prose- cution to be rather out of touch with prevailing attitudes to morality, the prosecution asking the jury to decide based upon the following test: 'Is it a book that you would even wish your wife or your ser- vants to read?' Nonetheless, the Act is still used, although with more subtlety. |
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