"Amendments of Principal Act: Prior to 1954 the Indecent Publications Act 1910 had stood without alteration for over forty years, and although its main principles are still sound revision is badly needed. Indeed, last year's amendment in certain respects increased rather than decreased the difficulties. In our opinion, the best solution is to reconsider the legislation as a whole and to deal with the topic of objectionable publications in a new and self-contained Act. This would, of course, take some time. We have notes of many points to raise with the draftsman, but we cite others of more general significance.
"(1) We consider that parts of the present section 6 are obsolete and should be repealed. Section 6 enumerates certain classes of works which are prima facie indecent. Among these are 'any document or matter which relates or refers, or may reasonably be supposed to relate or refer, to any disease affecting the generative organs of either sex, or to any complaint or infirmity arising from or relating to sexual intercourse, or to the prevention or removal of irregularities in menstruation'.
"In so far as this part of the section would prevent the advertising of useless or harmful products, it is unnecessary in view of the Medical Advertisements Act 1942. In so far as it represents a general attitude it seems out of date now that the matters referred to are discussed with far less reticence than when the Act was passed. The reference to drugs or methods for procuring abortion or miscarriage in the later part of the section might be retained, but it belongs more properly in the Crimes Act or the Police Offences Act.
"(2) At present section 157 of the Crimes Act overlaps the provisions of the Indecent Publications Act 1910, and the tests it lays down are expressed in very different language. This section is little used, but it seems undesirable that there should be two different tests for what is really the same offence. We recommend the repeal of section 157 in so far as its subject matter overlaps the Indecent Publications Act 1910.
"(3) If the legislation is rewritten, we suggest that consideration be given to the incorporation in the Act of the 'dominant effect' test laid down in an American case, the Ulysses case.
"The consolidation and rewriting of the existing legislation would be of real benefit. The nature of the topic, however, demands that any general consolidation should receive careful and even cautious consideration. We do not think that in this matter urgent or speedy action is called for."
The Committee has examined all of these suggestions and recommends that they should receive the very favourable consideration of the Government.
Summary of Principal Conclusions and Recommendations
I. That the changes in the law which were regarded by the Mazengarb Committee as calling for immediate action were duly and promptly brought into being by the Government by and through its 1954 amendments to the Indecent Publications Act 1910, the Child Welfare Act 1925, and the Police Offences Act 1927.
II. That the changes made last year in the Indecent Publications Act 1910 have been to some extent effective and helpful. We recommend, however, that consideration be given by Government to the redrafting of the Indecent Publications Act 1910 and to the inclusion in any new draft of the amendments suggested by the Department of Justice.