A BILL TO
Enable consenting adults in the United Kingdom to conduct their
sexual activities free from outside interference and to have freedom
of expression regarding sexual and religious matters, in the same
way as citizens of other member States of the European Union.
1. The Enactments, mentioned in Schedule 1 to this Bill shall
have effect subject to amendments specified in that Schedule.
2. The Enactments, or the specified parts there of, mentioned
in Schedule 2 to this Bill are hereby repealed.
3. The Common Law offences mentioned in Schedule 3 to this Bill
are hereby abolished.
4. (1) This
Bill may be cited as the Sexual Freedom Bill
(2) This Bill shall come into force on
1st January 1998
(3) This Bill extends to Scotland and Northern Ireland.
Schedule
1
Amendments
Offences
Against the Person Act 1861 (c.100)
Section
18 (wounding with intent) add the words "consent shall be a defence
to this offence".
Section 20
(unlawful wounding) add words "Consent shall be a defence to this
offence."
Section
47 (actual bodily harm) add words "Consent shall be a defence
to this offence."
Explanatory
Note: The Law Commission Consultation Paper No. 134 Consent and
Offences Against the Person recommends such a defence, pursuant
to the House of Lords decision in the case of R v Brown (1993)
All ER 81.
Sect
42 Customs Consolidation Act 1876 (39 + 40 Vict.C.36)
Delete the
words "indecent or obscene prints, paintings, photographs, books,
cards, lithographic or other engravings, or any other indecent
or obscene articles".
Explanatory
Note: This old enactment is still used to prevent the importation
of items which are perfectly lawful elsewhere in the European
Union. The word "indecent" is particularly troublesome since it
prohibits the importation of items which are lawful inside the
United Kingdom.
Sexual
Offences Act 1956 (4&5 Eliz c.69)
Section 12
(buggery) repealed for persons over the age of consent
Section 13
(gross indecency) Delete words "or private" (so as to legalise
such acts in private) for persons over the age of consent.
Section 22
(causing prostitution) repealed for persons over the age of consent
Section 30
(immoral earnings) repealed for persons over the age of consent
Section 31
(control over prostitutes) repealed for persons over the age of
consent
Licensing
Act (1964 c.26)
Section 9
(e) (brothel) repealed.
Section 44
(1) (e) delete "or for indecent displays" and "or prostitutes".
Explanatory
Note: Consenting adults should be allowed to consume alcoholic
beverages when copulating commercially, as in other European countries.
Protection
of Children Act (1978 c.37)
Throughout
the Act delete the word "indecent" and insert the word "obscene".
Throughout
the Act, add the words "for gain" after the word "possession"
Explanatory
Note: "indecent" has been defined by the Courts as including anything
"immodest or unbecoming". This means that the word in this Act
can criminalise innocent photos of bare babies and naturist family
photos, e.g. The Julia Somerville case.
The legal
definition of obscene is in line other parts of the European Union.
Mere possession
is too wide a concept. It should be qualified before constituting
a criminal offence, which is the case in other parts of the European
Union.
Telecommunications Act (1984 c.12)
In paragraph
(a) of subsection (1) of Section 4, for the words "an indecent,
obscene" there shall be substituted the word "a".
Explanatory
Note: consenting adults have a moral right to communicate by telephone,
in a way which may be offensive to others who cannot hear. Non-consensual
communication is unaffected by the amendment.
Video Recordings Act (1984 c.39)
Section 9
(censorship) is repealed.
Section 10
(censorship) is repealed.
In subsection
(1) of Section 12 of the Act (certain video recordings only to
be supplied in licensed sex shops), before the words "where classification
certificate" there shall be inserted the words "where no classification
certificate has been issued in respect of the video work or".
The word
"licensed" and "for which a license is in force under the relevant
enactment" shall be deleted from the first paragraph of the subsection
(including 15 the Section heading).
In subsection
(3) of Section 12 of that Act, the words "licensed" and "such"
shall be deleted.
In paragraph
(b) of subsection (4) of Section 12 of that Act, the words "for
which a licence was in force under zo the relevant enactment"
shall be deleted.
Subsection
(5) of Section 12 of that Act shall be deleted.
In subsection
(6) of Section 12 of that Act, the word "licence" shall be deleted.
In paragraph
(b) of subsection (6) of Section 12 of that Act, the words "being
in sex shops for which licences are in force under the relevant
enactment" shall be deleted.
Explanatory
Note: Practically no other country in the Western World has State
censorship of video recordings for adults. These amendments ensure
for British residents the same freedom of choice without affecting
the existing system of classification.
Cinemas Act (1985 c.13)
In subsection
(2) of Section 1 of that Act, after the word "determine", there
shall be added "other than regarding the content of films chosen"
In subsection
(3) of Section 3 of that Act, after the word "police", there shall
be added the words "other than regarding the contents of films
shown".
Explanatory
Note: Practically no other country in the Western World has state
censorship of films. These amendments remove local authority censorship
over cinema clubs.
Criminal Justice Act 1988 (1988 c 33) (as amended by the
Criminal Justice Act and Public Order Act (1994(c.33)
Delete "indecent"
and substitute "obscene"
Section 160
(censorship) is repealed.
Schedule
2
Enactments, or Specified Parts thereof, Repealed
Disorderly
Houses Act 1751 (25 Geo 2 C.36)
Explanatory
Note: Prosecutions and threatened prosecutions for this archaic
offence are being used to suppress otherwise lawful gatherings
of consenting adults on private premises, such as the annual Sex
Maniac's Ball of 1996.
Section
11(b) Post Office Act (1953 1~2 Eliz.2 c.36)
Explanatory
Note: This criminalises correspondence between consenting adults.
Street
Offences 1959 (Soliciting) Sections 33, 34 (brothels), 35 and
36
Explanatory
Note: mischief adequately dealt with by laws against nuisance
and obstruction (e.g. Public Order Act)
Obscene
Publications Act 1959 (1959 7+8 Eliz 2 c.66)
Explanatory
Note: This causes capricious and random criminalisation of the
publishers, distributors or sellers of any particular item which
a certain jury finds obscene. Its repeal was recommended by the
Home Office Williams Report on Obscenity and Film Censorship (CMND
7772) which concluded that the Act was unworkable.
Obscene
Publications Act 1964 (1964 c 74)
Explanatory
Note: This adds to the Obscene Publications Act 1959. Its repeal
was recommended by the Home Office Williams Report on Obscenity
and Film Censorship (CMMD 7772) which concluded that the Act was
unworkable.
Sexual
Offences Act 1967(1967 c. 60)
Section 1(2)(a)
(homosexuality involving more than 2 persons) relating to persons
above the age of consent Section 4 (procuring homosexuality) relating
to persons above the age of consent Section 5 (immoral earnings)
relating to persons above the age of consent
Section 6
(brothels) relating to persons above the age of consent
Explanatory
Note: These sections criminalise harmless activities by consenting
adults which are lawful elsewhere in the European Union
Theatres
Act 1968 (1968 c. 5)
Sections
2 & 3 (obscenity)
Section 53
(censorship)
Schedule
2 (censorship)
Explanatory
Note: These prohibit certain types of theatrical exhibition and
thus violate freedom of expression.
Section
53. Criminal Law Act 1977 (1977 c.44)
Explanatory
Note: This restricts freedom of expression.
Schedule
2 Civic Government (Scotland) Act 1982 (1982 c.45)
Explanatory
Note: This restricts freedom of expression
Part
II Sec 2 Local Government (Miscellaneous Provisions! Act 1982
(1982 c.30)
Explanatory
Note: This prohibits unlicensed sex-shops. Over half the local
authorities in England and Wales have decided on principle not
to grant any licences at all, thereby perverting a licensing system
into prohibition. The system has therefore become a denial of
freedom of expression by banning outlets for sexually explicit
material in most of the country. It must therefore be repealed.
Section
25 Cable and Broadcasting Act 1984 (1984 c.46)
Explanatory
Note: This restricts freedom of expression.
Section
27 Local Government Act 1988 (1988 c.27)
Explanatory
Note: This repeal would allow Local Authorities to stock books
about homosexuals in their libraries, for example.
Broadcasting
Act 1990 (1990 c.42! Sections 162 & 163. 177. 178 & 179 and Schedule
15
Explanatory
Note: These prohibit programmes about sex which are lawful elsewhere
in the European Union and allow the Government to proscribe foreign
satellite services to preserve insular authoritarian nannyism,
i.e."No sex please, we're British".
Part
VI Police and Criminal Evidence Act 1994 (1994 c.33)
Explanatory
Note: This criminalises computer pornography which is lawful elsewhere
in the European Union. It also makes the wrong amendments to the
Protection of Children Act 1978 which should be otherwise amended
(q.v. Schedule I )
Broadcasting
Act 1996 (1996 c.33) Section 108 (1) (b) and (c) and Section 109
Broadcasting Act 1966 (1996 c.33)
Explanatory
Note: This will allow freedom of choice to each viewer instead
of blanket prohibition for certain types of programmes.
City
of Westminster Act (1996)
Explanatory
Note: This law suppresses unlicenced sex shops. As licences are
so expensive, restrictable and difficult to obtain, this amounts
to censorship.
General
Notes on Schedules 1 and 2
All the amendments
and repeals deal with statutory restrictions on freedom of expression
and behaviour for adults relation to sex. Nearly every other country
in the Western World has removed such restrictions, e.g. Argentina,
Australia, Austria, Brazil, Czech Republic, Denmark, France, Germany,
Hungary, Israel, Italy, Mexico, Netherlands, New Zealand, Portugal,
Russia, South Africa, Spain, Sweden, Switzerland, and the United
States of America.
Schedule
3
Common Law Offences Abolished
(1) Blasphemous
Libel
(Law Commission paper No 154 recommended the abolition of this
offence)
(2) Blasphemy
(Law Commission Paper No 154 recommended the abolition of this
offence)
(3) Conduct
calculated or intended to corrupt public morals
(The Law Commission Report on Conspiracy and Criminal Law Reform
1976 No 76 recommended the abolition of this offence)
(4) Conspiracy
to corrupt public morals
(The Law Commission Report on Conspiracy and Criminal Law Reform
1976 No 76 recommended abolition of this offence)
(5) Conspiracy
to outrage public morals
(The Law Commission Report on Conspiracy and Criminal Law Reform
1976 No 76 recommended abolition of this offence)
(6) Keeping
a Disorderly House
(The Law Commission Report on Conspiracy and Criminal Law Reform
1976 No 76 recommended abolition of this offence)
(7) Obscene
Libel
(The Law Commission Report on Conspiracy and Criminal Law Reform
1976 No 76 recommended abolition of this offence)
(8) Outraging
public decency
(The Law Commission Report on Conspiracy and Criminal Law Reform
1976 No 76 recommended abolition of this offence)
(9) Public
exhibition of indecent activities. pictures or things
(The Law Commission Report on Conspiracy and Criminal Law Reform
1976 No 76 recommended abolition of this offence)
As a general
guiding principle, the criminal law should only prohibit behaviour
that harms others.
The Home Office Williams Report on Obscenity and Film Censorship
(CMND 7772) concluded that sexual legislation should define who
is trying to protect whom, from what, and why.
The United Kingdom is one of the only countries in the Western
world that retains state censorship. In 1993, the Home Secretary
publically confirmed that Britain has some of the strictest censorship
laws in the world.
NB re
The Sexual Offenders Bill and Register
We require
that this Bill is amended to avoid the inclusion of consenting
adults on the Sex Offenders Bill's Register, as recommended by
Liberty.
This Bill
is presented to the Home Secretary, Jack Straw at the Home Office
on Saturday 21st June 1997 by the Sexual Freedom Coalition.
