Page:Obscene Publications Act 1964 (UKPGA 1964-74 qp).pdf/1

Rh An Act to strengthen the law for preventing the publication for gain of obscene matter and the publication of things intended for the production of obscene matter.

by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—

1.—(1) In section 2(1) of the Obscene Publications Act 1959 (under which it is an offence punishable on summary conviction or on indictment to publish an obscene article, whether for gain or not) after the words “any person who, whether for gain or not, publishes an obscene article” there shall be inserted the  words “or who has an obscene article for publication for gain (whether gain to himself or gain to another)”.

(2) For the purpose of any proceedings for an offence against the said section 2 a person shall be deemed to have an article for publication for gain if with a view to such publication he has the article in his ownership, possession or control.

(3) In proceedings brought against a person under the said section 2 for having an obscene article for publication for gain the following provisions shall apply in place of subsections (5) and (6) of that section, that is to say,—
 * (a) he shall not be convicted of that offence if he proves that he had not examined the article and had no reasonable cause to suspect that it was such that his having it would make him liable to be convicted of an offence against that section; and
 * (b) the question whether the article is obscene shall be determined by reference to such publication for gain