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| Long title | An Act to amend the law relating to the publication of obscene matter; to provide for the protection of literature; and to strengthen the law concerning pornography. |
|---|---|
| Citation | 7 & 8 Eliz. 2. c. 66 |
| Introduced by | Roy Jenkins |
| Territorial extent | England and Wales[1] |
| Dates | |
| Royal assent | 29 July 1959 |
| Commencement | 29 August 1959 |
| Other legislation | |
| Repeals/revokes | Obscene Publications Act 1857 |
| Amended by | Obscene Publications Act 1964 |
Status: Amended | |
| Text of statute as originally enacted | |
| Text of the Obscene Publications Act 1959 as in force today (including any amendments) within the United Kingdom, from legislation.gov.uk. | |
The Obscene Publications Act 1959 (7 & 8 Eliz. 2. c. 66) is an Act of Parliament of the United Kingdom Parliament, which significantly reformed the law related to obscenity in England and Wales. Before the passage of the Act, the law on publishing obscene materials was governed by the common-law case of R v Hicklin, which had no exceptions for artistic merit or the public good. During the 1950s, the Society of Authors formed a committee to recommend reform of the existing law, submitting a draft bill to the Home Office in February 1955. After several failed attempts to push a bill through Parliament, a committee wrote a viable bill, which was introduced to Parliament by Roy Jenkins and given royal assent on 29 July 1959, coming into force on 29 August 1959 as the Obscene Publications Act 1959. With the committee consisting of both censors and reformers, the actual reform of the law was limited, with several extensions of police powers included in the final version.
The Act created a new offence, that of publishing obscene material, and abolished the common-law offence of publishing obscene materials, which was previously used.[2] The Act also allows Justices of the Peace to issue warrants for the police seizure of such materials. It also creates two defences, those of innocent dissemination and of the public good. The Act has been used in several high-profile cases, such as the trials of Penguin Books for publishing Lady Chatterley's Lover and Oz for the Schoolkids OZ issue.
- ^ Dabydeen (2004) p.104
- ^ 7 & 8 Eliz. 2. c. 66 s. 2(4)