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;

c

the word “showing,” shall be omitted.