Just a minor quibble on Ian's point - 'pornography' is not a legal term,
the key terms in UK law are whether the material is 'obscene' or 'indecent'
- an item can be properly considered pornography without being either
'obscene' or 'indecent' under the law ie a Page 3 girl or a Playboy pin-up.
Equally, obscene and indecent material need not be concerned with matters
sexual - explicit depictions of violence and drug use have been found
obscene by the UK courts in the past.
Obscenity is defined in relation to its target audience as being 'material
likely to deprave or corrupt' that target audience. Indecency is not
defined in any UK statute in which it occurs, but it appears that
'indecency' relates to material that is considered 'shocking and
disgusting', but less 'shocking and disgusting' than material which is
considered obscene. In essence, the test would seem to be whether the item
in question offends current standards of propriety, or to put it in the
American phraseology, whether it offends contemporary community standards.
And, yes, it is Friday.
Andrew
> ----- Original Message -----
> From: "Ian Welton" <[log in to unmask]>
> To: <[log in to unmask]>
> Sent: Friday, February 13, 2004 1:15 PM
> Subject: Re: Internet History
>
[snip]
> That could be interpreted as accepting the any DP regulatory organisation
> within the EEA would effectively have no jurisdiction over the processing
> of any personal data on pornographic sites. The variation in national
> cultures make what is considered pornography in the UK legal in other
> jurisdictions. Could that result in affected data subjects in the UK
> receiving less protection from DP than other EEA counterparts where
> pornography, illegal in this country, was legal?
>
>> The police have certain rights........
>> One of these rights is to be in possession of otherwise
>> illegal material like drugs [1] and Child Porn, as long as
>> it's part of an investigation.
[snip]
Andrew Charlesworth
Senior Research Fellow in IT and Law
Director, Centre for IT and Law
School of Law/Department of Computer Science
University of Bristol
Wills Memorial Building
Queens Road, Bristol BS8 1RJ
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