Obscenity

4.6.0.L13 Updated on:5 November 2021

Offensive

There is nothing the same in Jersey Law as the UK Obscene Publications Act. Publishing obscene material is therefore a common-law offence. In Carpenter v Constable of St Clement (1972) it was said:

It is not disputed that:

“The publication of obscene material, whether it be a book, photograph, film or any other material, is an offence known to the criminal law of Jersey”

The test of obscenity is that which has a tendency to deprave and corrupt. In the UK, moral corruption has been defined by the courts as that which makes a person behave badly, worse than he otherwise would have done or blurs his perception of the difference between good and bad.

If a person wants to complain about something they have been offered for sale and which they find offensive, they should first speak to the Police who may get the views of the Attorney General on whether a case should be taken against the person who produced the publication.