Erotic Literature - Legal Status - Modern Legislation

Modern Legislation

This question of whether a book had literary merit eventually prompted a change in the law in both America and the UK. In the United Kingdom the Obscene Publications Act 1959 provided for the protection of "literature" but conversely increased the penalties against pure "pornography." The law defined obscenity and separated it from serious works of art.

The new definition read:

n article shall be deemed to be obscene if its effect or (where the article comprises two or more distinct items) the effect of any one of its items is, if taken as a whole, such as to tend to deprave and corrupt persons who are likely, having regard to all relevant circumstances, to read, see or hear the matter contained or embodied in it.

After this piece of legislation questions of the literary merit of the work in question were allowed to be put before the judge and jury as in the Lady Chatterley trial. The publishers of the latter book were found not guilty by the court on the grounds of the literary merit of the book. In later prosecutions of literary erotica under the provisions of the act, however, even purely pornographic works with no apparent literary merit escaped destruction by the authorities. Purely textual pornographic texts, with no hint of libel, have not been brought to trial since the Inside Linda Lovelace trial collapsed in 1976. However, in October 2008, a man was charged under the Obscene Publications Act for posting fictional written material to the Internet allegedly describing the kidnap, rape and murder of the pop group Girls Aloud.

In the United States, the First Amendment gives protection to written fiction—although in one case, a man pled guilty and was convicted for writing unpublished stories (these were works of fiction concerning sexually abusing children) that were contained only in his personal and private journal. That conviction was later overturned on appeal.

Importing books and texts across national borders can sometimes be subject to more stringent laws than in the nations concerned. Customs officers are often permitted to seize even merely 'indecent' works that would be perfectly legal to sell and possess once one is inside the nations concerned. Canada has been particularly notorious for such border seizures.

Although the 1857 and 1959 legislation outlawed the publication, retail and trafficking of certain writings and images, regarded as pornographic, and would order the destruction of shop and warehouse stock meant for sale, the private possession of and viewing of pornography has not been prosecuted until recent times. In some nations, even purely textual erotic literature is still deemed illegal and is also prosecuted.