Obscene Publications Act – Media Watch UK Information Alert
From Media Watch UK (Hat Tip: Sheila Brown)
Dear Member
The new parliamentary year started a few weeks ago with the Queen’s Speech. At the beginning of each parliamentary year a ballot is held and the twenty MPs whose names come out top are allowed to introduce legislation on a subject of their choice.
The winners of the 2090-2010 ballot were announced last Thursday and I’ve written to the twenty MPs who came out to suggest that they might like to use their opportunity to introduce a bill to strengthen the Obscene Publications Act by defining what is, and what is not, obscene. A copy is attached to this email if you’d like to see what I said.
Some private members' bills have brought about significant changes to the law, such as the Murder (Abolition of the Death Penalty) Act 1965, and the Abortion Act 1967. Measures which gain strong cross party support can stand a good chance of becoming law, although backbenchers with bills that do not enjoy such support will find that their proposals are easily blocked. It’s also worth bearing in mind that, with a general election looming, the parliamentary session this year will be a short one which will reduce the time available for these bills.
However, I’m hoping that our cause will capture the imagination of one of the MPs and they will be interesting in tabling a bill on this subject. Although a minority of Private Members' Bills become law they can create publicity around an issue and thus affect legislation indirectly.
I’ll keep you posted as to how we get on!
mediawatch-uk
T – 01233 633936
F – 01233 633836
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Draft Letter
Dear XXX
Congratulations on your success in the ballot for Private Members Bills.
If you have not already decided on the subject of a Bill I would like to offer a suggestion: Mediawatch-UK believes that the Obscene Publications Act 1959, intended to strengthen the law against pornography, has failed to fulfil Parliament's intention. In recent years the sex industry has taken advantage of the poorly defined criminal law by manufacturing and marketing ever more extreme material in a growing number of retail and mail order outlets. This combined with permissive policy of classification of 'R18' videos by the British Board of Film Classification and a restrictive policy on prosecutions by the Crown Prosecution Service means that pornographers are corrupting our society with little risk of prosecution.
The fundamental weakness of the law, identified by Lord Denning in 1972, is the "deprave and corrupt" definition of 'obscene' in the present Act which he said had "misfired" so far as prosecutions are concerned. "Much that is obscene has escaped the reach of the law", he said.
We believe that a legal new definition is needed. This could be accompanied by a detailed schedule of what is to be regarded as illegal along the lines outlined by the Earl of Halsbury in a House of Lords debate on 16 January 1980. Your colleague Gerald Howarth MP introduced a Bill in 1984 attempting to qualify the existing definition but this Bill unfortunately fell owing to the General Election in that year.
There can be no doubt that such a Bill aimed at constraining the pornography industry would be welcomed by many people across the country who resent the imposition of this dehumanising and harmful material in our society. A workable law would also go some way to stopping the promotion of pornography on television and on the Internet which is giving rise to mounting dismay and frustration.
I do hope you will seriously consider devoting your Bill to dealing with this matter. If we can assist you in any way we would be pleased to do so.
With best wishes
Yours sincerely
Vivienne Pattison
Director
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