Obscene Publications Act 1959

Obscene Publications Act 1959

United Kingdom Parliament
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Text of statute as originally enacted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 that significantly reformed the law related to obscenity in England and Wales. Prior to 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 finally succeeded in creating 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 to police powers included in the final version.

The Act created a new offence for publishing obscene material, repealing the common law offence of obscene libel which was previously used, and also allows Justices of the Peace to issue warrants allowing the police to seize such materials. At the same time it creates two defences; firstly, the defence of innocent dissemination, and secondly the defence of 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.