Censorship in the United Kingdom and Jalapeño popper: Difference between pages

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[[Image:Flickr_ymimexico_247769858--Jalapeno_poppers.jpg|thumb|right|250px|Jalapeno poppers.]]
{{cleanup-date|August 2006}}
'''Jalapeño poppers''' are [[jalapeño]] [[chile pepper|pepper]]s that have been hollowed out, stuffed with a mixture of [[cheese]], [[spices]], and sometimes ground meat, and then deep fried. They are served (usually with some kind of dip) as appetizers at some Mexican- or Southwest-themed bars and restaurants.
{{Censorship}}
'''Censorship in the [[United Kingdom]]''' has a long history with variously stringent and lax laws in place at different times.
 
==GeorgeExternal Orwelllinks==
*[http://www.foodnetwork.com/food/recipes/recipe/0,1977,FOOD_9936_24509,00.html Emeril Live! Tailgating Recipe Contest Winner]
[[George Orwell]] wrote several articles on [[censorship]] including an item titled ''The Freedom of the Press'' in [[1943]]. It appears that this was a preface for his book ''[[Animal Farm]]'', but it is unclear if it was deliberately suppressed or if Orwell himself chose not to publish it.
*[http://southernfood.about.com/od/jalapenochilerecipes/r/bl21220b.htm Mexican Recipe]
 
{{Mexico-cuisine-stub}}
:Any fairminded person with journalistic experience will admit that during this war official censorship has not been particularly irksome. We have not been subjected to the kind of totalitarian ‘co-ordination’ that it might have been reasonable to expect. The press has some justified grievances, but on the whole the Government has behaved well and has been surprisingly tolerant of minority opinions. The sinister fact about literary censorship in [[England]] is that it is largely voluntary.<ref>George Orwell, 1945. "The Freedom of the Press". ''The Times'', 1972 and ''Animal Farm'', Penguin 2000. "[http://orwell.ru/library/novels/Animal_Farm/english/efp_go The Freedom of the Press]". Retrieved 19 May 2006.</ref>.
 
[[Category:Mexican cuisine]]
Orwell went on to suggest that because both the UK and the [[USSR]] were both members of the [[Allies of World War II|Allied powers]] at the time, this self-censorship was preventing valid criticism of the Communist regime.
[[Category:Appetizers]]
 
==Obscenity law==
An [[Obscenity]] law in [[England]] and [[Wales]] is currently governed by the various [[Obscene Publications Act]]s, but obscenity laws go back much further into the [[English common law]].
 
The conviction in [[1727]] of [[Edmund Curll]] for the publication of [[The Nun in her Smock|''Venus in the Cloister'' or ''The Nun in her Smock'']] under the [[common law]] offence of [[disturbing the peace|disturbing the]] [[King's peace]] was the first conviction for [[obscenity]] in [[Kingdom of Great Britain|Great Britain]], and set a [[legal precedent]] for other convictions.<ref>"[http://www.eroticabibliophile.com/censorship_history.html The Obscenity of Censorship: A History of Indecent People and Lacivious Publications]", The Erotica Bibliophile. Retrieved 29 May 2006.</ref>
 
These common law ideas of obscenity formed the original basis of obscenity law in other common law [[state]]s, such as the [[United States]].
 
A defence against the charge of obscenity on the grounds of [[literary merit]] was introduced in the [[1959]] [[Obscene Publications Act]]. The OPA was tested in the high-profile obscenity trial brought against [[Penguin Books]] for publishing ''[[Lady Chatterley's Lover]]'' (by [[D. H. Lawrence]]) in [[1960]]. The book was found to have merit, and Penguin Books was found not guilty &mdash; a ruling which granted far more freedom to publish explicit material.<ref>"[http://news.bbc.co.uk/onthisday/hi/dates/stories/november/10/newsid_2965000/2965194.stm 1960: Lady Chatterley's Lover sold out]", BBC News. Retrieved 29 May 2006.</ref>
 
[[R18-rated]] videos are only available in licensed sex shops, but hardcore pornographic magazines are available in newsagents in some places. There is a substantial overlap between legal [[erotic literature]] and illegal [[pornography]], with the distinction traditionally made in the English-speaking courts on the basis of perceived [[literary merit]]. Purely textual pornography has not been prosecuted since the ''[[Linda Lovelace|Inside Linda Lovelace]]'' trial of 1976.<ref>"[http://www.bbc.co.uk/dna/h2g2/A679016 The Obscene Publications Act, 1857]", BBC, 30 January 2002. Retrieved 31 May 2006.</ref> [[Child pornography]] and [[bestiality]] are illegal under the [[Sexual Offences Act 2003]]. In late August [[2005]], the government announced that it plans to criminalize possession of [[extreme pornography|extreme pornographic]] material, rather than just publication.<ref name="ban">"[http://news.bbc.co.uk/1/hi/uk/4195332.stm Ban on violent net porn planned]", BBC News, 30 August 2005. Retrieved 19 May 2006.</ref> [[Computer and video games]] are generally exempt from the [[Video Recordings Act]]; however, those depicting sexual content, or gross violence towards people or animals, must still be submitted to the [[British Board of Film Classification]] for consideration. Games can be banned in this way (as was ''[[Carmageddon]]'' in 1997<ref>"[http://news.bbc.co.uk/2/hi/science/nature/21836.stm Carmageddon smashes British censor ban]", BBC News, 4 November 1997. Retrieved 31 May 2006.</ref>).
 
Almost all [[adult stores]] in the UK are forbidden from having their goods in open-shop windows, which means the shop fronts are often boarded up or covered in posters. A warning sign must be clearly shown at the entrance to the store, and no items can be visible from the street. No customer can be under eighteen years old. The [[Ann Summers]] chain of [[lingerie]] and sex shops recently won the right to advertise for workers in [[job centres]], which was originally banned under restrictions on what advertising could be carried out by the [[sex industry]].<ref>"[http://news.bbc.co.uk/2/hi/business/2999892.stm Sex toys chain wins legal fight]", BBC News, 18 June 2003. Retrieved 31 May 2006.</ref><ref>"[http://news.bbc.co.uk/2/hi/business/3077411.stm Jobcentre go-ahead for Ann Summers]", BBC News, 18 July 2003. Retrieved 31 May 2006.</ref>
 
==Libel law==
England and Wales have relatively strict libel laws ("[[defamation]]" in [[Scotland]]) in that they are often considered pro plaintiff with the defendant asked to prove that they did not commit libel. Compensation awards for libel are also unlimited, in contrast to those for personal injury. Further controversy surrounds the libel laws with regard to costs. Libel cases are notoriously expensive to bring to court for both parties, legal aid is not available. Whilst costs can be awarded the ability to bring libel cases is often considered to be restricted to the wealthy. Conversely it is possible to initiate a "no win - no fee" case against a wealthy individual or organisation if the individual bringing the case has insignificant assets as even if the case is lost the wealthy individual or organisation are unable to recover their costs. Typically in such cases an out of court settlement is forced upon the wealthy individual or organisation.
 
==Blasphemy law==
{{main|Blasphemy law in the United Kingdom}}
Blasphemy against [[Christianity]] has long been an important part of British censorship. It is uncertain whether the [[common law]] offence of [[blasphemous libel]] still exists; it was confirmed to be still active as of [[1977]] in the "Gay News" case ''[[Whitehouse v. Lemon]]'', but more recent developments may put the continued viability of blasphemy prosecutions in doubt.<ref>"[http://news.bbc.co.uk/2/hi/uk_news/3753408.stm Q & A: Blasphemy law]", BBC News, 18 October 2004. Retrieved 29 May 2006.</ref>
 
Critics have claimed that the [[Racial and Religious Hatred Act 2006]] could hinder freedom of speech.<ref name="neweffort">"[http://news.bbc.co.uk/2/hi/uk_news/politics/4075442.stm New effort to ban religious hate]", BBC News, 11 June 2005. Retrieved 29 May 2006.</ref><ref>"[http://news.bbc.co.uk/2/hi/uk_news/politics/4669714.stm Raising the bar for hatred prosecution]", BBC News, 1 February 2006. Retrieved 29 May 2006.</ref> Leaders of major religions and race groups{{citation needed}} (with the exception of some muslim groups), as well as non-religious groups such as the [[National Secular Society]]<ref>"[http://www.secularism.org.uk/nssfreedomofspeechrally25march20.html NSS Freedom of Speech Rally 25 March 2006]", Nation Secular Society, 25 March 2006. Retrieved 29 May 2006.</ref> and [[PEN|English PEN]]<ref>"[http://www.englishpen.org/aboutenglishpen/campaigns/offence/ The OFFENCE Campaign: Free Expression Is No OFFENCE]", English PEN. Retrieved 29 May 2006.</ref> spoke out in order to campaign against the Bill. [[Comedian]]s and [[satirist]]s also fear prosecution for their work.<ref>"[http://news.bbc.co.uk/2/hi/uk_news/politics/4112118.stm Atkinson attacks 'draconian' law]", BBC News, 20 June 2005. Retrieved 29 May 2006.</ref><ref name="neweffort" />
 
== Indecency ''vs.'' obscenity ==
 
The terms "[[indecency]]" and "obscenity" are often used in the [[English language]] as if they were synonyms, or as if "obscenity" was a stronger form of "indecency". [[English law]] now appears only to use the word "obscenity" to refer to speech and other works, and to use the word "indecency" to relate non-consensual physical exposure or sexual offences against the person, as in "gross indecency".
 
==National security==
There are several [[Act of Parliament|Acts]] of the [[United Kingdom Parliament]] for the protection of official information, mainly related to [[national security]]. The latest revision is the [[Official Secrets Act 1989]]<ref>"[http://www.opsi.gov.uk/acts/acts1989/Ukpga_19890006_en_1.htm Official Secrets Act 1989 (c. 6)], Office of Public Sector Information. Retrieved 29 May 2006.</ref> (1989 chapter 6), which removed the ''public interest defence'' by repealing section 2 of the Official Secrets Act 1911. In [[2004]], a [[Al Jazeera bombing memo|memo]] containing details of a possible US bombing of broadcaster [[Al Jazeera]] was leaked to the press. [[Attorney General]] [[Peter Goldsmith]] has warned newspapers that they could be prosecuted under the Official Secrets Act if they publish the contents of the memo, saying "You are reminded that to publish the contents of a document which is known to have been unlawfully disclosed by a crown servant is in itself a breach of section 5 of the Official Secrets Act 1989".<ref>"[http://en.thinkexist.com/quotation/the-attorney-general-s-note-said-you-are/750264.html Lord Goldsmith quotes], ThinkExist. Retrieved 31 May 2006.</ref><ref>"[http://www.ifex.org/en/content/view/full/70736/ Media Gagged Over Al-Jazeera Memo]", International Freedom of Expression eXchange. Retrieved 31 May 2006.</ref><ref name="nocases">[http://politics.guardian.co.uk/iraq/story/0,12956,1649351,00.html Secrecy gag prompted by fear of new Blair-Bush revelations]", Guardian Unlimited, November 24 2005. Retrieved 31 May 2006</ref>
 
The [[Terrorism Act 2006]] makes it an offense to "glorify" [[terrorism]].<ref>"[http://www.opsi.gov.uk/acts/acts2006/20060011.htm Terrorism Act 2006]", Office of Public Sector Information. Retrieved 29 May 2006.</ref> There are concerns that this could limit [[free speech]].<ref>"[http://news.bbc.co.uk/2/hi/uk_news/politics/4715478.stm Q&A: Terrorism laws]", BBC News, 13 April 2006.</ref><ref>"[http://www.ifex.org/en/content/view/full/70254/ Terror law "chilling for democracy and press freedom," warns IFJ]", International Freedom of Expression eXchange, 7 November 2005. Retrieved 31 May 2006.</ref><ref>"[http://www.article19.org/pdfs/analysis/terrorism-submission-to-icj-panel.pdf The Impact of UK Anti-Terror Laws on Freedom of Expression]", ARTICLE 19, April 2006. Retrieved 31 May 2006. {{PDFlink}}</ref>
 
[[DA-Notice]]s are official but voluntary requests to news editors not to publish items on specified subjects, for reasons of national security.<ref>[http://www.dnotice.org.uk/standing_da_notices.htm Standing DA Notices], Defence Advisory Notice system, 20 April 2005. Retrieved 29 May 2006.</ref>
 
== Prior restraint ==
Beyond obscenity law, there have been a number of organizations whose main function was to approve material prior to distribution.
 
Plays and theatres had long been licensed by the Crown prior to 1737. Licensure of a playhouse, however, only gave a general patent. The crown had no ability to censor before acting of plays. Under the provisions of the [[Licensing Act|Theatrical Licensing Act of 1737]] as extended by the [[Theatres Act of 1843]], the [[Lord Chamberlain's Office]] was able to censor plays until [[1968]].
 
The [[British Board of Film Classification]] is the ''de facto'' film censor for films in Britain;<ref>[http://www.bbfc.co.uk/ British Board of Film Classification], British Board of Film Classification. Retrieved 29 May 2006.</ref> since films not rated by the BBFC cannot be shown in most cinemas, or distributed as videos or DVDs, lack of BBFC approval generally makes productions of such films uneconomic.
* In the case of films shown in cinemas, local authorities have the final legal say about who can watch a particular film. Almost always local authorities accept the Board's recommendation for a certificate for a film.
* Under the [[Video Recording Act 1984]], all video recordings must be classified by an authority chosen by the Home Secretary. This classification is then legally binding. Since the introduction of the Act, the BBFC has been the chosen authority.
 
The [[Broadcast Advertising Clearance Centre]] pre-approves most British television advertising<ref>[http://www.bacc.org.uk/bacc Broadcast Advertising Clearance Centre], Broadcast Advertising Clearance Centre. Retrieved 29 May 2006.</ref> (under [[Ofcom]] rules, other broadcasters can also approve their own advertising content, but most rely on the BACC).
 
The [[Advertising Standards Authority]] is the regulatory advertising body.
 
The advent of the [[Internet]] access has made the act of censorship more difficult, and there has been a relaxation of censorship in recognition of this. BBFC guidelines have been relaxed further to allow the limited distribution of [[hardcore pornography]] under an [[R18 certificate]], partially because of this, and partially because of a recognition that public attitudes have changed. Further confirmation of this change in attitude was provided by the French film [[Baise-moi|''Baise-moi'']], which was given an 18 certificate despite showing scenes of actual sex.
 
[[Ofcom]] is now the regulatory body for UK television, radio, and telecommunications services.<ref>[http://www.ofcom.org.uk/ Ofcom], Ofcom. Retrieved 29 May 2006.</ref> Ofcom exerts its powers under the [[Communications Act 2003]]. The government's new requirements for Ofcom only require it to ensure adherence to "generally accepted standards" and prevention of harm, removing the former requirement to adhere to standards of "taste and decency".
 
''Worldwide Press Freedom Index'', published by [[Reporters Without Borders]], gave the United Kingdom a score of 5.17, making it 24th.<ref>"[http://www.rsf.org/rubrique.php3?id_rubrique=554 Worldwide Press Freedom Index 2005]", Reporters Without Borders, 2005. Retrieved 31 May 2006.</ref>
 
== Self-regulation of publication ==
 
A number of industries carry out what is known as [[self-regulation]]. Self-regulation seeks to keep content within the bounds of what is publicly acceptable, thus preventing government intervention to bring about official regulation. Some of the areas they are concerned about include obscenity, [[slander]] and [[libel]]. There is no clear line between self-regulation in matters of expression and [[self-censorship]].
 
Industry self-regulatory bodies include the [[Advertising Standards Authority]] and the [[Press Complaints Commission]].
 
== Internet censorship ==
[[BT Group|British Telecommunications]] offers an ISP service called [[Cleanfeed]] which uses data provided by the [[Internet Watch Foundation]] to identify pages believed to contain indecent photographs of children. <ref>"[http://www.iwf.org.uk/media/news.archive-2004.39.htm IWF/BT Project CleanFeed]", Internet Watch Foundation. Retrieved 29 May 2006.</ref><ref name="BT">"[http://news.bbc.co.uk/2/hi/technology/4689386.stm How net providers stop child porn]", BBC News, 7 February 2006. Retrieved 29 May 2006.</ref> When such a page is found, the system creates a 'URL not found page' error rather than deliver the actual page or a warning page.
 
In 2003, after the murder of [[Jane Longhurst]] by a man who claimed to have an obsession with [[Internet pornography]], <ref>"[http://news.bbc.co.uk/2/hi/uk_news/england/southern_counties/3455327.stm Man guilty of teacher murder]", BBC News, 4 February 2004. Retrieved 29 May 2006.</ref> the family campaigned to tighten [[Legal status of Internet pornography|laws regarding pornography on the Internet]] and have gained support such that possession may become illegal. <ref>"[http://news.bbc.co.uk/2/hi/uk_news/england/berkshire/3471441.stm MP calls for violent porn ban]", BBC News, 9 February 2004. Retrieved 29 May 2006.</ref> Extreme pornography could now become illegal. <ref name="ban" /> The government has begun to crack down on sites depicting rape, strangulation, torture and necrophilia. <ref>"[http://news.bbc.co.uk/2/hi/uk_news/3460855.stm UK police seek web porn crackdown]", BBC News, 5 February 2004. Retrieved 29 May 2006.</ref><ref>"[http://news.bbc.co.uk/1/hi/uk/4151862.stm Crackdown due on violent web porn]", BBC News, 15 August 2005. Retrieved 29 May 2006.</ref>
 
In Scotland, 2004, a committee of [[Member of the Scottish Parliament|Members of the Scottish Parliament]] has backed a call to ban adult pornography as the [[Equal Opportunities Committee]] supported a petition claiming links between porn and sexual crimes and violence against women and children. <ref>"[http://news.bbc.co.uk/2/hi/uk_news/scotland/3975523.stm MSPs back pornography ban calls]", BBC News, 2 November 2004. Retrieved 29 May 2006.</ref> A spokeswoman said "While we have no plans to legislate we will, of course, continue to monitor the situation."
 
The new [[Home Office]] Minister [[Vernon Croaker]] has set a deadline of the end of 2007 for all ISPs to implement a “[[cleanfeed]]”-style network level content blocking platform.<ref name="LINX">"[http://publicaffairs.linx.net/news/?p=497 Government sets deadline for universal network-level content blocking]", LINX, 29 May 2006. Retrieved 29 May 2006.</ref><ref>"[http://www.theregister.co.uk/2006/05/18/uk_site_blocking/ Govt sets target for blocking child porn sites]", The Register, 18 May 2006. Retrieved 29 May 2006.</ref> Currently, the only websites ISPs are expected to block access to are sites the [[Internet Watch Foundation]] has identified as containing images of [[child pornography]]. <ref name="BT" /> However such a platform is capable of blocking access to any website added to the list (at least, to the extent that the implementation is effective), making it a simple matter to change this policy in future. The Home Office has previously indicated that it has considered requiring ISPs to block access to articles on the web deemed to be “glorifying terrorism”, within the meaning of the new [[Terrorism Act 2006]], saying "However, our legislation as drafted provides the flexibility to accommodate a change in Government policy should the need ever arise."<ref name="LINX" /> The measures have been criticised for being inadequate as they only block accidental viewing and does not prevent content delivered through encrypted systems, file sharing, email and other systems.<ref>"[http://www.darkreading.com/document.asp?doc_id=97151 Restricting All but the Predators]", Dark Reading, 14 June 2006. URL accessed on 24 June 2006.</ref>
 
There have been concerns over the increasing amount of internet regulation and fears that the Internet may become more restricted in future. <ref>"[http://news.bbc.co.uk/1/hi/technology/3797563.stm Doubts over web filtering plans]", BBC News, Bill Thompson, 11 June 2004. Retrieved 19 May 2006.</ref><ref>"[http://news.bbc.co.uk/2/hi/uk_news/923595.stm The end of the internet?]", BBC News, 14 September 2000. Retrieved 29 May 2006.</ref>
 
{{Seealso|Internet censorship}}
 
== Cases ==
In [[1985]], the British government attempted to ban the book ''[[Spycatcher]]'' by [[MI5]] officer [[Peter Wright]] because of the sensitive material it contained.<ref>"[http://news.bbc.co.uk/onthisday/hi/dates/stories/october/13/newsid_2532000/2532583.stm 1988: Government loses Spycatcher battle]", BBC News. Retrieved 29 May 2006.</ref> Several British newspapers attempted to report on its principal allegations but were served with [[gag order]]s. They persisted and were tried for [[contempt of court]].
 
In [[1922]], the novel ''[[Ulysses (novel)|Ulysses]]'' by [[James Joyce]] was banned in the United Kingdom when it was declared obscene.<ref>"[http://books.guardian.co.uk/news/articles/0,6109,1145451,00.html How to read this book]", Guardian Unlimited, 11 February 2004. Retrieved 31 May 2006.</ref>
 
[[Thomas Hardy]]'s novel, [[Lady Chatterley's Lover]], was banned in the UK until a celebrated Obscenity trial in [[1960]].
 
In [[2003]], a poster by [[Ann Summers]] was banned following complaints that it was degrading to women.<ref>"[http://news.bbc.co.uk/2/hi/uk_news/england/lancashire/2930525.stm 'Hotbot' adult poster banned]", BBC News, 9 April 2003. Retrieved 31 May 2006.</ref>
 
== See also ==
*[[Freedom of the Press]]
*[[International Freedom of Expression Exchange]] - Monitoring censorship in the UK
 
==References==
<div class="references-small">
<references />
</div>
 
== External links ==
* [http://www.TimeDelay.tv Time Delay.tv - Broadcast Censorship]
* [http://www.litencyc.com/php/speople.php?rec=true&UID=1098 Edmund Curll and his prosecutions]
* [http://www.yourrights.org.uk/your-rights/chapters/the-right-of-free-expression/criminal-law-restrictions-on-freedom-of-expression/obscenity.shtml ''Liberty'' guide to the Obscene Publications Act]
* [http://www.bbc.co.uk/education/beyond/factsheets/makhist/makhist4_prog8d.shtml Theatrical Bill Inspectors and the Licensing Act of 1737]
* [http://www.escortdistrict.co.uk/sex-and-the-law.php UK laws regarding prostitution updated for 2006]
* [http://www.ofcom.org.uk/ Ofcom website]
* [http://www.ofwatch.org.uk/ OfWatch: a site critical of Ofcom]
* [http://www.melonfarmers.co.uk/ The Melon Farmers: anti-censorship website]
* [http://www.indexonline.org/ ''Index on Censorship'': quarterly UK publication of intelligent writing about censorship and free speech]
 
[[Category:Obscenity law]]
[[Category:Censorship in the United Kingdom| ]]
[[Category:Censorship by country|United Kingdom]]