WEDNESDAY, FEBRUARY 18, 1987
5
RESPONDING TO A PROPOSAL THAT GUIDELINES FOR CLASSIFYING, ARTICLES SHOULD BE MADE PUBLIC, MR FORD SAID, IN MY EARLIER SPEECH ON THIS BILL I EXPLAINED AT SOME LENGTH THE DIFFICULTY OF CODIFYING WHAT CONSTITUTES OBSCENITY AND INDECENCY.
+1 EMPHASISE THE FACT THAT EFFORTS MADE IN OTHER PLACES TO DO THIS HAVE PROVED UNSUCCESSFUL.+
ONE COUNCILLOR HAD SUGGESTED THAT PERIODIC SURVEYS SHOULD BE CARRIED OUT TO ASCERTAIN COMMUNITY STANDARDS AND THAT THE FINDINGS SHOULD BE SUBMITTED FOR REFERENCE TO ADJUDICATORS.
MR FORD SAID SUCH SURVEYS WOULD BE CARRIED OUT PERIODICALLY.
HOWEVER, HE HAD BEEN GIVEN LEGAL ADVICE THAT IT WOULD NOT BE APPROPRIATE TO CIRCULATE THEIR FINDINGS TO ADJUDICATORS ON THE GROUNDS THAT SUCH FINDINGS COULD INFLUENCE THEM IN THEIR DECISIONS WHICH WERE INTENDED TO BE MADE ON A CASE BY CASE BASIS..
+SUCH FINDINGS MAY BE ADMISSIBLE, HOWEVER, AS EVIDENCE IN THE COURSE OF A FULL HEARING,+ HE ADDED.
ON A RECOMMENDATION THAT ADJUDICATORS AT INTERIM HEARINGS BE DEBARRED FROM SITTING ON FULL HEARINGS INVOLVING THE SAME ARTICLE, MR FORD SAID THE COMPOSITION OF A PANEL WAS THE PREROGATIVE OF THE REGISTRAR, SUPREME COURT AND AS THE BILL NOW STOOD THE SAME ADJUDICATORS MIGHT SIT ON BOTH HEARINGS.
AS TO THE CONCERNS OF THE RECORDING INDUSTRY MR FORD EMPHASISED THAT AS FAR AS THAT INDUSTRY WAS CONCERNED WHETHER THEY CHOOSE TO SUBMIT THEIR MATERIALS OR NOT WAS A QUESTION FOR THEM. IT WAS A VOLUNTARY PROVISION.
ON A SUGGESTION THAT THE BILL BE REVIEWED IN A YEAR'S TIME AS IT DID NOT PROVIDE FOR THE PUBLIC TO SUBMIT ARTICLES FOR CLASSIFICATION, MR FORD SAID THE PUBLIC COULD COMPLAIN TO THE TELEVISION AND ENTERTAINMENT LICENSING AUTHORITY ABOUT ARTICLES WHICH THEY CONSIDERED TO BE OBSCENE.
HE SAID, THE TELEVISION AND ENTERTAINMENT LICENSING AUTHORITY WILL CONSIDER THESE COMPLAINTS AND TAKE ACTION WHERE APPROPRIATE.+
THE TELA WOULD CERTAINLY ADVISE COMPLAINANTS OF THE GROUNDS FOR THE ACTION IT TOOK.
ONE COUNCILLOR PROPOSED THAT PUBLISHERS AND VENDORS SHOULD BE ADVISED THAT CLASS 11 ARTICLES SHOULD BE SEALED IN OPAQUE WRAPPERS.
/+IN RESPONSE+,