Indecent Displays (Control) Act 1981
Encyclopedia
The Indecent Displays 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:
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 Various older pieces of legislation dealing with similar matters were repealed by the Act, but it was directed that other legislation in Scotland was to remain in force alongside it, including provisions that later became part of the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
.
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. In the case of advertisements, such as the fcuk campaign, the Advertising Standards Authority
deals with complaints on a self-regulatory basis.
Scotland
Scotland is a country that is part of the United Kingdom. Occupying the northern third of the island of Great Britain, it shares a border with England to the south and is bounded by the North Sea to the east, the Atlantic Ocean to the north and west, and the North Channel and Irish Sea to the...
, England
England
England is a country that is part of the United Kingdom. It shares land borders with Scotland to the north and Wales to the west; the Irish Sea is to the north west, the Celtic Sea to the south west, with the North Sea to the east and the English Channel to the south separating it from continental...
and Wales
Wales
Wales is a country that is part of the United Kingdom and the island of Great Britain, bordered by England to its east and the Atlantic Ocean and Irish Sea to its west. It has a population of three million, and a total area of 20,779 km²...
but not Northern Ireland
Northern Ireland
Northern Ireland is one of the four countries of the United Kingdom. Situated in the north-east of the island of Ireland, it shares a border with the Republic of Ireland to the south and west...
. It is concerned with preventing the display of “indecent” material to the unsuspecting public. As with the Protection of Children Act
Protection of Children Act
Protection of Children Act is a stock short title used for legislation in the United Kingdom.-List:* The Prevention of Cruelty to, and Protection of, Children Act 1889* The Protection of Children Act 1978* The Protection of Children Act 1986...
, 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
Civic Government (Scotland) Act 1982
The Civic Government Act 1982 is an Act of the United Kingdom Parliament which makes provision for a wide range of civic government matters....
.
Applicability
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. The type of material covered by the definition "indecent" could be any material that does not meet a standard of decencyDecency
Decency is the quality or state of conforming to social or moral standards of taste and propriety.-See also:*Taste *Communications Decency Act*Public indecency*Indecent exposure*Sodomy law*Norm *Grotesque body...
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
Never Mind the Bollocks, Here's the Sex Pistols
Never Mind The Bollocks Here's The Sex Pistols is the only studio album by the highly influential and controversial English punk rock band 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. In the case of advertisements, such as the fcuk campaign, the Advertising Standards Authority
Advertising Standards Authority (United Kingdom)
The Advertising Standards Authority is the self-regulatory organisation of the advertising industry in the United Kingdom. The ASA is a non-statutory organisation and so cannot interpret or enforce legislation. However, its code of advertising practice broadly reflects legislation in many instances...
deals with complaints on a self-regulatory basis.