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Criminal Defence

Advice on Obscenity

Raj Chada
Partner
Caroline Liggins
Caroline Liggins
Partner
Chloe Hartnell
Chloe Hartnell
Partner
Darrell Ennis-Gayle
Darrell Ennis-Gayle
Partner
Graeme Hydari
Graeme Hydari
Partner
Jessica Davis
Jessica Davis
Partner
Kerry Spence
Kerry Spence
Partner
Laura O'Brien
Laura O’Brien
Partner
Mike Schwarz
Mike Schwarz
Partner
Sean Caulfield
Sean Caulfield
Partner

Our leading solicitors are renowned for their specialist knowledge and practice in the area of obscenity and freedom of speech. We're possibly the only law firm in the United Kingdom to specialise in this niche area of law.

At Hodge Jones & Allen, we believe that censorship must only be used in the most exceptional circumstances and should be robustly challenged.

The law on obscenity

The law here on obscenity is contained in the Obscene Publications Act 1959 and the archaic test is whether an item would ‘tend to deprave or corrupt’ its viewer. This is effectively the same law that was used to prosecute Penguin Books in the ‘Lady Chatterley’ trial and similar to that used in the infamous ‘Oz’ trial.

Whilst society and standards have changed drastically since the 1950s, this law is still used to criminalise those who the authorities think have overstepped the mark. Whilst we recognise that such material may be controversial, we believe that censorship must be robustly challenged in the courts and only used in the most exceptional circumstances.

 

We have acted in groundbreaking cases defending the rights of the individual. This includes the case of R v GS in which the Court of Appeal determined that internet ‘chat’ between two people was publication of material and therefore falls within the Obscene Publications Act 1959 – a worrying decision concerning personal privacy.

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Why choose Hodge Jones & Allen?

We regularly advise both individuals and businesses on the law surrounding obscenity. Our experienced Criminal Defence solicitors are independently recognised by legal directories as leading lawyers in their field, whilst we’re unique in specialising in the niche area of law surrounding obscenity.

We have advised radical artists and galleries on the contents of their works and magazines on whether their materials contravene the legislation.

We frequently assist businesses, including those in the adult industry, by reviewing their products and advertising materials and providing reassurance to banks or backers that that they have not inadvertently broken the law.

Contact us for expert legal advice on obscenity on
0808 271 9413
or request a call back.
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