Girls Aloud porno writer cleared of charges (Full Version)

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KaineD -> Girls Aloud porno writer cleared of charges (6/29/2009 5:58:28 AM)

In a victory for freedom of speech, a man arrested for obsenity after writing a pornographic snuff story about Girls Aloud has been cleared of all charges.

http://news.bbc.co.uk/1/hi/england/tyne/8124059.stm

This man should never have been arrested.

What makes me mad is thinking about the amount of money wasted in tracking him down, arresting him, and the waste of money in the courts.

He's also lost his job over this farce.




Arpig -> RE: Girls Aloud porno writer cleared of charges (6/29/2009 8:41:01 AM)

Not really a victory for freedom of speech, I mean the guy took the article in question down, and he was found Not Guilty because the prosecuetion didn't present any evidence, in other words they didn't make any attempt to prosecute.





LadyEllen -> RE: Girls Aloud porno writer cleared of charges (6/29/2009 11:45:18 AM)

Obscene Publications Act 1959 & 1964The law makes it an offence to publish, whether for gain or not, any content whose effect will tend to "deprave and corrupt" those likely to read, see or hear the matter contained or embodied in it.

The test for whether material will deprave and corrupt seems to be one of those where reference to a "reasonable person" is made; would a "reasonable person" find the material would tend to deprave and corrupt?

The problem for the OSA in the modern world then becomes clear. Times have changed a great deal, mostly (but not always) for the better when to comes to depraved and corrupted.

That the CPS effectively withdrew from the case says a great deal about what they expected a reasonable person to interpret as depraved and corrupt nowadays; basically we're mostly already depraved and corrupted and therefore could not be affected by this material?

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