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Is it legal to MAKE and SELL pornography in Scotland??

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emmiebubbles | 06:46 Tue 18th Aug 2009 | Law
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Is it legal or not to film and sell pornography in Scotland??

I've browsed the web and the answers i find are very inconsistant.

can anyone help?
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With an online name like that, I am fascinated to find out why you want to know!

Have you finished filming then?
The law in Scotland currently forbids importing and supply of extreme porn ("realistic depiction" of life-threatening and violent acts, rape and similar behaviour, bestiality or necrophilia) and possession with intention to sell.

However, the Criminal Justice and Licensing (Scotland) Bill under consideration at present will make it a criminal offence carrying a three year jail sentence for anyone in possession of extreme pornography.

http://www.scottish.parliament.uk/s3/bills/24- CrimJustLc/index.htm

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i know about extreme porn, but is there anything forbidding the production and sale of normal porn in Scotland?
There is no legal definition in Scots law of what is meant by �pornography.�

Under s51 Civic Government (Scotland) Act 1982 a "person who publishes, sells or distributes or, with a view to its eventual sale or distribution, makes, prints, has or keeps any obscene material shall be guilty of an offence under this section."

The term �obscene� is not defined in the Act, however it has been said that the courts will apply the test which has been used at common law namely whether the material is calculated to "deprave or corrupt" persons open to depraving or corrupting influences.
Which, at some level will include us all. There is no specific definition of 'obscene' and it is always a matter for Juries to decide at trial, what constitutes 'obscene'.

In years gone by, items showing how to cultivate and sell controlled drugs, and even literature relating to 'Nazism' were deemed to be in contravention of the Obscene Publications Act.

Obscene doesn't necessarily involve matters of a sexual nature..

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