




For the first time since the demonstrations of protest outside parliament against the porn laws the CPS have relaxed their approach to the obscenity laws. Jerry Barnett reports
Published Sun 23rd Feb 2020
By Jerry Barnett / Sex & Censorship
Last week the Crown Prosecution Service published updated guidance for prosecutions under the Obscene Publications Act (1959). Legal campaigning has brought about a big change: the liberal tests of harm, consent and legality of real acts are now key parts of their working definition of obscenity. The CPS explain:
… conduct will not likely fall to be prosecuted under the Act provided that:
The guidance supports a realistic notion of consent which means that depictions of most safe, consensual activities under the umbrella of BDSM are unlikely to be subject to prosecution:
“Non-consent for adults must be distinguished from consent to relinquish control. The presence of a “gag” or other forms of bondage does not, without more, suffice to confirm that sexual activity was non-consensual.”
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