Legal Question in Business Law in United Kingdom
Erotic magazine sale
We are an erotic boutique. We are wondering how to go about checking the law before we purchase erotic magazines
1 Answer from Attorneys
Re: Erotic magazine sale
It is still the much criticized Obscene Publications Act 1959 & 1964 that apply to the distribution of such Material which makes it an offence to publish, whether for gain or not, any article whose effect, taken as a whole, is such, in the view of the court, to tend to "deprave and corrupt" those likely to read, see or hear the matter contained or embodied in it.
This is too a large extent a subjective test but there are also issues of how the material is promoted and made avaialble for sale. Most common or garden erotic material will be relatively risk free.
As a guide material that would risk prosecution is such as would include images featuring acts of extreme sexual activity such as bestiality, necrophilia, rape or torture.
although there are still regular prosecutions under the act it is increasing likely that distributing "borderline" material in a way that only committed adults will be like purchaser would not result in prosecution.
You could ask a lawyer, trading stanadars or the police to look at examples of the material but at best all you will get is an opinion. Clearly if the material is extreme it should only be sold in a licensed sex shop.
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