Obscene Publications

Why choose JD Spicer Zeb’s obscene publication solicitors?

When accused of any offence relating to obscenity laws, seeking immediate legal counsel is essential. No matter what your case relates to, our team will be available to provide the support you require.

When instructed, our obscene publication solicitors will take the necessary actions to defend your case. We can help you to better understand your position, the allegations that you are facing, and what the potential outcomes of your case might be.

We are firmly established as one of the country’s leading criminal law firms, with specialist expertise in supporting clients who are facing a wide range of criminal and sexual offences, including those related to obscene publications.

When you work with our team, you can be certain that all forms of evidence will be explored to support your case, including digital forensics.  As specialists in this area, we work closely with leading digital forensics experts, including Cyfor, who provide efficient advice on the digital forensics aspect of a police investigation into obscene publications offences.

We also have close links with many of the country’s leading criminal defence barristers who handle a wide range of sexual offences, including those related to the Obscene Publications Act.

As a firm, we frequently receive referrals and recommendations from clients who have been satisfied with our legal services, which is testament to our strong focus on client care.

Common questions about obscene publications

What are obscene publications under the Obscene Publications Act?

The Obscene Publications Act 1959 criminalises the publication of an obscene article. It also criminalises anyone who possesses an obscene article for publication for gain (personal gain, or gain for another), to be interpreted in accordance with the provisions of the Obscene Publications Act 1964.

In this context, an article contains or embodies matter to be read or looked at (or both), any sound record, any film or other record of a picture or pictures.

The Act defines something as obscene is its effect is, if taken as a whole, as to “deprave and corrupt” anyone who is likely to read, see or hear the matter contained within it.

This offence covers sending obscene text messages – “Obscene” has a meaning provided for by section 1(1) of the Act. This meaning is different to the ordinary meaning of obscene (“repulsive”, “filthy”, “loathsome” or “lewd”) and it will not suffice for the prosecution to prove that the articles concerned meet that ordinary meaning of obscenity unless they also meet the higher threshold of having a tendency to depravity or corruption:

Click here to read more about a recent case which demonstrates how easily the offence can be committed.

What offences are associated obscene publications?

There are a range of offences which are associated with the publication of obscene articles. Prosecutors may consider the following:

• Possession of an extreme pornographic image
• Taking, making or publishing indecent images
• Disclosing private sexual images without consent (revenge porn)
• Outraging public decency
• Sending an article to cause distress or anxiety, or convey a threat
• Harassment
• Importing obscene articles
• Indecent displays
• Obscene theatre displays

What are the defences for obscene publications?

Section 4 of the Act provides a defence on the grounds of ‘public good’. A defence could be made if it can be demonstrated that it is for public good in the interests of science, literature, art or learning.

The Act also creates defence for a person who is able to prove that they have not examined the article and had not reasonable cause to suspect that it was obscene.

Contact our obscene publication solicitors today

For urgent specialist advice, immediate representation, or to speak to us confidentially about allegations of possessing or publishing obscene publications, please do not hesitate to get in touch with our specialist sexual offence solicitors.

You can contact a member of our dedicated team of grooming offence solicitors in London, Birmingham, and Manchester by telephone on:

• City of London: 0207 624 7771 - our senior Solicitors and Partners can meet by appointment in the City.
• Brent & Camden London Office: 0207 624 7771
• Manchester Office: 0161 835 1638
• Birmingham Office: 0121 614 3333

Or email: solicitors@jdspicer.co.uk

Alternatively, you can fill out our quick online enquiry form, and we will get back to you as soon as possible.