Part VII Prohibition on Inclusion of Obscene and Other Material in Programme Services

Obscenity

163 Obscenity in programme services: Scotland.

(1)

Section 51 of the M1Civic Government (Scotland) Act 1982 (offences of displaying, publishing, etc. of obscene material) shall be amended in accordance with the following provisions of this section.

(2)

After subsection (2) there shall be inserted the following subsection—

“(2A)

Subject to subsection (4) below, any person who—

(a)

is responsible for the inclusion of any obscene material in a programme included in a programme service; or

(b)

with a view to its eventual inclusion in a programme so included, makes, prints, has or keeps any obscene material,

shall be guilty of an offence under this section.”

(3)

In subsection (6), paragraph (a) shall cease to have effect.

(4)

In subsection (8)—

(a)

in the definition of “material”, the words from “and” onwards shall be omitted;

(b)

after the definition of “prescribed sum” there shall be inserted—

““programme” and “programme service” have the same meaning as in the Broadcasting Act 1990;” and

(c)

the word “showing,” shall be omitted.