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This left a possible lacuna in section 1(3), OPA 1959, but this has now been plugged by CJPOA 1994 ,which amended the meaning of "publication" in that section, so that electronic transmission of pornographic material is now clearly covered by the 1994 Act.When A sends B pornographic pictures attached to an e-mail, this electronic transmission will be a publication covered by the Act.(15) Section 1(2) of OPA 1964 makes it an offence to have an obscene article in ownership, possession or control with a view to publishing it for gain.The widespread availability of pornography on the Internet has stirred up a ‘moral panic’(1) shared by the government, law enforcement bodies such as the police, prosecutors and judges along with the media in general.(2) There have been many attempts to limit the availability of pornographic content on the Internet by governments and law enforcement bodies all around the world.While the US Government introduced the Communications Decency Act 1996 (‘ CDA’), the UK police attempted to censor Usenet discussion groups allegedly carrying child pornography in the summer of 1996.The Internet also makes it possible to discuss sex, see live sex acts, and arrange sexual activities(3) from computer screens.

This section concentrates mainly on those aspects of UK law relating to obscenity which have particular reference to the Internet.Reidenberg states that: The Internet is a complex, anarchic, and multi-national environment where old concepts of regulation, reliant as they are upon tangibility in time and space, may not be easily applicable or enforceable.This is why the wider concept of governance may be more suitable.What is considered simply sexually explicit but not obscene in England may well be obscene in many other countries; conversely what is considered lawful but not pornographic in Sweden may well be obscene under the current UK legislation.This chapter will discuss two different issues: the regulation of potentially harmful content such as pornography on the Internet; and regulation of invariably illegal content such as child pornography.




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