Page 247 - Law and the Media

Law and the Media
WARNING
Persons passing beyond this notice will find material on display which they may
consider indecent. No admittance to persons under 18 years of age.

The exceptions above only apply if persons under 18 years of age are not permitted access
to the display.

The Indecent Displays (Controls) Act 1981 does not apply to displays by way of television
broadcast, museum, theatre, or cinema. Also exempted are displays that are authorized by
and on the premises of the Crown or any local authority, and displays at art galleries.

The police may seize any article upon reasonable suspicion that it is an indecent matter on
display constituting an offence under the Indecent Displays (Controls) Act 1981.

A prosecution could also be brought under the common law offences of conspiracy to corrupt
public morals, and outraging public decency.

13.4 Racial hatred

13.4.1 General principles

Incitement to racial hatred was criminalized by the Race Relations Act 1976, which amended
the Public Order Act 1936. The relevant legislation is now found in Part III of the Public
Order Act 1986. ‘Racial hatred’ is broadly defined in Section 17 as:

. . . hatred against a group of citizens in Great Britain defined by reference to
colour, race, nationality (including citizenship) or ethnic or national origins.

The three main offences of inciting racial hatred under the Public Order Act 1986 are:

1. Using threatening, abusive or insulting language, or displaying abusive or insulting
written material
2. Publishing or distributing abusive or insulting written material, or performing plays,
distributing or presenting visual images or sounds or producing a programme containing
abusive or insulting written material, or
3. Possessing written material or recordings of images or sounds that is threatening, abusive
or insulting with a view to displaying or publishing it

with the intention of stirring up racial hatred or in circumstances where racial hatred is likely
to be stirred up (Sections 18 to 23). A prosecution can be brought by the Crown or as a
private prosecution.
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