Notable prosecutions under the Act Obscene Publications Act 1959




1 notable prosecutions under act

1.1 lady chatterley s lover trial
1.2 stass paraskos trial
1.3 schoolkids oz trial
1.4 later cases





notable prosecutions under act

lady chatterley s lover trial

the first noted prosecution under obscene publications act of penguin books in r v penguin books ltd. [1960] publishing lady chatterley s lover. book, contained use of words fuck , cunt multiple times, along sexual scenes, banned in england , wales until conclusion of trial; mid-1980s, on school syllabus. penguin books relied on section 4 s public defence, academics , literary critics such e. m. forster , helen gardner testifying @ trial book 1 of literary merit. trial @ old bailey ended not guilty verdict, allowing book openly published , sold in england , wales first time since published in 1928. trial , verdict seen heralding new wave of sexual morality 1960s famous . graham lord wrote case first trumpet call of permissive society, moment many believe british morality, manners , family life began deteriorate .


stass paraskos trial

in 1966 exhibition @ leeds college of art of paintings cyprus-born british artist stass paraskos, entitled lovers , romances, prosecuted city of leeds police , director of public prosecutions under vagrancy acts of 1828 , 1837, , obscene publications act 1959. when exhibition opened allegedly visited local school group, leader of objected image depicting woman masturbating man. exhibition raided police , closed down. despite luminaries of art world speaking in paraskos s defence, including herbert read , norbert lynton, , message of support britain s home secretary roy jenkins, paraskos lost trial , fined twenty-five pounds. case later cited in report of working party convened in 1968, under chairmanship of john montgomerie, arts council of great britain, review obscenity laws in england , wales. in report suggested artist should not have been prosecuted in case, if works of art deemed obscene, not publisher defined obscene publications act.


schoolkids oz trial

schoolkids oz, prompted oz obscenity trial.


in 1971 editors of oz tried publishing obscene materials, schoolkids oz issue. oz underground magazine circulation of 40,000 aimed challenge older generation s outdated beliefs , standards of behaviour , morality . 28th issue, 20 teenagers invited contribute , edit it. published version 48 pages long, front consisting of sheet french erotic book desseins erotiques, depicted 4 naked women licking each other , performing sex acts. inside articles homosexuality, lesbianism, sadism , cartoon strip showed rupert bear ravaging gipsy granny . john mortimer acted defence, , after longest obscenity trial in english legal history defendants convicted. after three-day hearing in court of appeal of england , wales, conviction overturned; court of appeal recognised 14 errors of law , large number of errors of fact in trial judge s summing jury.


later cases

later cases have included:



1976: inside linda lovelace obscenity trial (found not guilty)
1991: david britton s lord horror prosecution (not prosecuted - banned under act, later overturned)
2009: r v walker darryn walker found not guilty under obscene publications act posting story entitled girls (scream) aloud , fictional written account on internet erotic story site describing kidnap, rape , murder of pop group girls aloud.
2010: gavin smith charged after discussing fantasies spanking children. after crown prosecution service appealed judge s original ruling there no case answer, subsequently convicted in 2012.
2012: r v peacock man unsuccessfully prosecuted selling dvds featuring bdsm, fisting , urolagnia.




^ beale (1997) p.88
^ rozenburg (1987) p.56
^ rozenburg (1987) p.57
^ torremans (2000) p.150
^ lord (2005) p.107
^ norbert lynton, stass paraskos (mitcham: orage press, 2003) 7f
^ norbert lynton , stass paraskos (mitcham: orage press, 2003) p.7f; also, spectator, 30 december 1966, p.839; also, art international: lugano review, volume 11, 1967, p.50
^ arts council of great britain, obscenity laws (london: andre deutsch, 1969) p.46f
^ lord (2005) p.177
^ lord (2005) p.185
^ williams (1972) p.17
^ williams (1972) p.15
^ savoy history: trial of lord horror . savoy.abel.co.uk. retrieved 2012-06-12. 
^ uk | england | tyne | man cleared on girls aloud blog . bbc news. 2009-06-29. retrieved 2012-06-12. 
^ fae, jane (6 october 2008). obscene publications act rides again . register. retrieved 2016-10-07. 
^ ozimek, jane fae (26 april 2010). kent police bring obscenity charge on online chat . register. retrieved 8 october 2012. 
^ roberts, julia (18 september 2012). convicted paedophile gavin smith convicted online conversation describing child abuse . kent online. retrieved 8 october 2012. 
^ bbc news - not guilty verdict in dvd obscenity trial . bbc news. 2012-01-06. retrieved 2012-06-12. 
^ obscene publication laws guidance reviewed . 6 january 2012. archived original on march 12, 2012. retrieved january 6, 2012. 
^ fisting on trial . new statesman. retrieved 2012-06-12. 






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