NCJ Number
174820
Date Published
1996
Length
54 pages
Annotation
Obscenity laws and controls in England and Wales were compared to those in several other countries to discover ways in which countries defined and dealt with obscenity in printed matter, movies, and videos.
Abstract
Seven countries were selected for review, in addition to England and Wales: Australia, Canada, New Zealand, Scotland, Germany, the Netherlands, and the Republic of Ireland. Relevant literature on the situation in the United States was also reviewed. Key questions were asked of appropriate officials in each country on legal controls and organizations associated with classifying and censoring sexually explicit material, the balance between proactive and reactive controls, how obscenity cases were prosecuted, legal tests for defining what was obscene, and systems for codifying what was acceptable under case law. A literature review on 20th century debates about obscenity was also undertaken. Findings revealed that countries tended to favor either a predominantly proactive or reactive approach to controlling obscene material. Countries favoring a proactive approach tended to have rigid definitions of what was deemed to be obscene. Most countries had some form of classification and/or censorship of films prior to their release. In some countries, the viewing of films on video was seen as conceptually different than viewing films at the cinema, and different criteria were applied when controlling videos. Of all the media, the control of obscene printed material appeared to be the most difficult and resulted in the widest variety of arrangements. One of the key purposes of controlling obscenity was to protect young people, and this concern was reflected in special legislation in many countries. In most jurisdictions, the mere possession of indecent photographs of children was an offense and penalties were severe. The impact of future technological developments on access to obscene materials is discussed. 26 references and 48 footnotes