The Indecent Displays (Control) Act is an Act of Parliament covering Scotland, England and Wales but not Northern Ireland. It is concerned with preventing the display of “indecent” material to the unsuspecting public. As with the Protection of Children Act, the Act does not define indecency, although it does give some directions as to how a display can be considered indecent. It establishes that “If any indecent matter is publicly displayed the person making the display and any person causing or permitting the display to be made shall be guilty of an offence”, making exceptions for the following:
material that is in a shop behind a warning notice (intended to protect sex shops for adults who wished to use them)
anything for a paying adult audience only
cinemas, theatres, and broadcasting, which are regulated separately
displays by "the Crown or any local authority"
museums and art galleries
the actual human body, which is again subject to other controls
The maximum sentence under the Act for making an indecent display is two years imprisonment. Various older pieces of legislation dealing with similar matters were repealed by the Act, but it was directed that other legislation in Scotland was to remain in force alongside it, including provisions that later became part of the Civic Government (Scotland) Act 1982.
Applicabilityedit
Prosecutions under the Act are rare. In response to a parliamentary question in 2006, it was revealed that proceedings in England and Wales in the years 2002-4 had run at three, six and two cases, with only three guilty verdicts, all in 2004.[1]
The type of material covered by the definition "indecent" could be any material that does not meet a standard of decency in English or Scots law, a category considerably lower than that of "obscenity", which makes material illegal to sell, even in private. Under one of the Act's predecessors, the album Never Mind the Bollocks, Here's the Sex Pistols was unsuccessfully prosecuted, and it has been displayed in shops ever since. In 2004, a nude sculpture was concealed from outside view after a warning about the Act.[2] In the case of advertisements, such as the fcuk campaign, the Advertising Standards Authority deals with complaints on a self-regulatory basis.
Referencesedit
^House of Commons Hansard Written Answers for 16 Feb 2006 (pt 42)
^BBC NEWS | England | London | Artist's naked ambition censored
External linksedit
The full text of Indecent Displays (Control) Act 1981 at Wikisource
Text of the Indecent Displays (Control) Act 1981 as in force today (including any amendments) within the United Kingdom, from legislation.gov.uk.
April 12, 2024
indecent, displays, control, 1981, indecent, displays, control, parliament, covering, scotland, england, wales, northern, ireland, concerned, with, preventing, display, indecent, material, unsuspecting, public, with, protection, children, does, define, indecen. The Indecent Displays Control Act is an Act of Parliament covering Scotland England and Wales but not Northern Ireland It is concerned with preventing the display of indecent material to the unsuspecting public As with the Protection of Children Act the Act does not define indecency although it does give some directions as to how a display can be considered indecent It establishes that If any indecent matter is publicly displayed the person making the display and any person causing or permitting the display to be made shall be guilty of an offence making exceptions for the following material that is in a shop behind a warning notice intended to protect sex shops for adults who wished to use them anything for a paying adult audience only cinemas theatres and broadcasting which are regulated separately displays by the Crown or any local authority museums and art galleries the actual human body which is again subject to other controlsIndecent Displays Control Act 1981Act of ParliamentParliament of United KingdomLong titleAn Act to make fresh provision with respect to the public display of indecent matter and for purposes connected therewith Citation1981 c 42Territorial extent England Scotland WalesDatesRoyal assent27 July 1981Commencement27 October 1981Other legislationRepeals revokesVagrancy Act 1838Indecent Advertisements Act 1889Indecent Advertisements Amendment Act 1970Status AmendedText of statute as originally enactedRevised text of statute as amended The maximum sentence under the Act for making an indecent display is two years imprisonment Various older pieces of legislation dealing with similar matters were repealed by the Act but it was directed that other legislation in Scotland was to remain in force alongside it including provisions that later became part of the Civic Government Scotland Act 1982 Applicability editProsecutions under the Act are rare In response to a parliamentary question in 2006 it was revealed that proceedings in England and Wales in the years 2002 4 had run at three six and two cases with only three guilty verdicts all in 2004 1 The type of material covered by the definition indecent could be any material that does not meet a standard of decency in English or Scots law a category considerably lower than that of obscenity which makes material illegal to sell even in private Under one of the Act s predecessors the album Never Mind the Bollocks Here s the Sex Pistols was unsuccessfully prosecuted and it has been displayed in shops ever since In 2004 a nude sculpture was concealed from outside view after a warning about the Act 2 In the case of advertisements such as the fcuk campaign the Advertising Standards Authority deals with complaints on a self regulatory basis References edit House of Commons Hansard Written Answers for 16 Feb 2006 pt 42 BBC NEWS England London Artist s naked ambition censoredExternal links edit nbsp The full text of Indecent Displays Control Act 1981 at Wikisource Text of the Indecent Displays Control Act 1981 as in force today including any amendments within the United Kingdom from legislation gov uk Retrieved from https en wikipedia org w index php title Indecent Displays Control Act 1981 amp oldid 1186645380, wikipedia, wiki, book, books, library,
