Obscenity and the Politics of Moral Regulation in Britain, India, and Australia: Unraveling the Complexities of Censorship and Free Expression

The concept of obscenity has sparked intense debates and fueled political controversies throughout history. In the Victorian era, the suppression of sexually explicit materials was widespread, often under the guise of protecting morality and safeguarding public decency. As societies evolved and social norms shifted, the boundaries of obscenity became increasingly contested. In this article, we delve into the complex and nuanced history of obscenity regulation in Britain, India, and Australia.

Britain: From Victorian Prudishness to Permissive Society

In 19th-century Britain, the Obscene Publications Act of 1857 criminalized the possession, publication, and dissemination of any material deemed grossly indecent or obscene. The act was largely driven by Victorian sensibilities that equated sexual expression with immorality and social decay. The authorities used it to suppress works by prominent authors and artists, such as James Joyce's "Ulysses" and D.H. Lawrence's "Lady Chatterley's Lover."

Purifying Empire: Obscenity and the Politics of Moral Regulation in Britain, India and Australia

by Deana Heath

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However, by the mid-20th century, attitudes toward obscenity began to shift. The growth of the women's liberation movement and the rise of countercultural movements challenged traditional moral codes and demanded greater freedom of expression. The Obscene Publications Act was amended in 1959, introducing the "public good" defense, which allowed defendants to argue that the publication of a work had literary, artistic, or scientific merit.

This change in legislation paved the way for a more liberal approach to obscenity regulation. In the 1960s and 1970s, the British film industry experienced a period of unprecedented freedom, with movies such as "I Am Curious (Yellow)" and "Emmanuelle" pushing the boundaries of what was considered acceptable. The British Board of Film Censors, which had previously been responsible for enforcing censorship, became more tolerant of explicit content.

India: A Colonial Legacy and Complex Legal Framework

In India, the regulation of obscenity has been shaped by a complex interplay between British colonial influences and indigenous cultural values. The Indian Penal Code, introduced during British rule, criminalized obscenity under Section 292. However, the definition of obscenity remained vague and subject to interpretation, leading to inconsistent enforcement.

Post-independence, the Indian constitution enshrined the freedom of speech and expression, but also granted the government the power to regulate obscenity in the interest of public morality. The Cinematograph Act of 1952 established a Central Board of Film Certification (CBFC),which was responsible for certifying films based on their suitability for public viewing.

Over the years, the CBFC has been criticized for its conservative approach to censorship. It has banned or censored numerous films for depicting sexual themes, nudity, and other content deemed offensive to Indian sensibilities. The CBFC's decisions have sparked debates about the balance between artistic freedom and cultural sensitivity.

Australia: The "Lucky Country" and the Censorship Debate

Australia has a long and checkered history of obscenity regulation. During the colonial era, the censorship laws were largely influenced by British sensibilities. However, after federation in 1901, the Australian states and territories adopted their own censorship legislation, resulting in a patchwork of regulations.

The 1950s and 1960s saw a period of increased censorship in Australia, with the banning of numerous films and books deemed offensive to public morality. This period coincided with the rise of the Cold War and the fear of communist propaganda. However, by the late 1960s, attitudes toward obscenity began to liberalize.

In 1970, the High Court of Australia ruled that the Commonwealth government had no constitutional power to censor films. This decision effectively ended federal censorship, leaving the states and territories responsible for regulating obscenity. However, the states have continued to differ in their approach, with some jurisdictions maintaining stricter censorship laws than others.

The regulation of obscenity is a complex and ever-evolving issue that reflects the changing moral and social values of a society. In Britain, India, and Australia, the history of obscenity regulation has been marked by periods of both repression and liberalization. As societies continue to grapple with the tension between freedom of expression and the protection of public morality, the debate over obscenity is likely to remain a topic of ongoing discussion and controversy.

Purifying Empire: Obscenity and the Politics of Moral Regulation in Britain, India and Australia

by Deana Heath

4.8 out of 5

Language	:	English
File size	:	1279 KB
Text-to-Speech	:	Enabled
Screen Reader	:	Supported
Enhanced typesetting	:	Enabled
Word Wise	:	Enabled
Print length	:	248 pages
Lending	:	Enabled

FREE