Obscene Publications Amendment Act 1995
The Laws of Bermuda
Annual Volume of Public Acts 1995 : 28

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157

BERMUDA
1995 : 28

OBSCENE PUBLICATIONS AMENDMENT ACT 1995

[Date of Assent 30 June 1995]

[Operative Date 30 June 1995]

WHEREAS it is expedient to amend the Obscene Publications Act
1973:

Be it enacted by The Queen's Most Excellent Majesty, by and
with the advice and consent of the Senate and the House of Assembly of
Bermuda, and by the authority of the same, as follows:

Short title
1 This Act may be cited as the Obscene Publications Amendment
Act 1995.

Interpretation
2 In this Act —

"the Act" means the Obscene Publications Act 1973;

"section" means section of the Act.

Amendment of s 1 of Act No 48 of 1973
3 Section 1 is amended by deleting subsection (2) and substituting
the following subsection—

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" (2) For the purposes of this Act, a person publishes a
thing if—

(a) in or by writing or otherwise he distributes,
circulates, sells, lets on hire, gives or lends that
thing, or offers it for sale or for letting on hire;
or

(b) in the case of a thing containing or embodying
matter to be looked at or a record, he shows,
plays or projects that thing or record.".

Repeal and replacement of s 2
4 Section 2 is repealed and the following section is substituted—

"Obscenity
2 (1) An article shall be deemed to be obscene for the
purposes of this Act if its effect, taken as a whole, is to outrage
contemporary standards of decency or humanity accepted by the
public at large in Bermuda.

(2) A thing shall be deemed to be an obscene article for
the purposes of this Act if it is calculated to be used by a person,
whether by itself or in conjunction with another thing or with
information or directions available to him, so as to give him
access to, or to facilitate his gaining access to, an article which is
itself obscene.".

Amendment of s 3(1)
5 Section 3(1) is amended by deleting "6 months or a fine of $500"
and substituting "12 months or a fine of $5,000 or both such
imprisonment and fine".

Addition of new s 3A
6 The following section is inserted in the Act next after section 3—

"Offence of advertising obscene article
3A A person who publishes an advertisement, notice or
statement—

(a) intending thereby that an obscene article shall
become available to any person; or

(b) so that an obscene article in fact becomes
available to any person,

The Laws of Bermuda
Annual Volume of Public Acts 1995 : 28

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commits an offence:

Punishment on summary conviction: imprisonment for 12
months or a fine of $5,000 or both such imprisonment and fine:

Punishment on conviction on indictment: imprisonment for 2
years or a fine at the discretion of the court.".

Amendment of s 8
7 Section 8 is amended by inserting the words "or section 3A" next
after the words "section 3".

Amendment of s 11
8 Section 11 is amended by deleting "6 months or a fine of $500"
and substituting "12 months or a fine of $5,000".

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