XN000022-1986-12-04 — Page 8

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THURSDAY, DECEMBER 4, 1986

+AFTER CAREFUL DELIBERATION ON THIS ISSUE, THE GOVERNMENT FINDS IT IMPRACTICAL TO ATTEMPT TO STIPULATE IN THE LAW IN SPECIFIC TERMS WHAT IS DEEMED TO BE UNACCEPTABLE ON MATTERS OF PROPRIETY.

+RESEARCH CONDUCTED ON OVERSEAS JURISDICTIONS FAILED TO IDENTIFY ANY WHERE PRECISE DEFINITIONS OF OBSCENITY AND INDECENCY HAD BEEN MADE IN LEGISLATION.

+MOREOVER, CONSTANT DEVELOPMENT OF THE COMMUNITY'S ACCEPTED STANDARDS OF PROPRIETY WOULD ENTAIL REGULAR LEGISLATIVE AMENDMENTS TO REFLECT SUCH CHANGES, HE SAID.

MR SO ADDED THAT TO SPELL OUT SUCH DEFINITION OF TERMS IN THE LAW WOULD REMOVE FLEXIBILITY IN CENSORIAL STANDARDS WHICH DIFFERENT AND CHANGING CIRCUMSTANCES MIGHT REQUIRE.

IN REJECTING THE SUGGESTION FOR THE INCLUSION OF SPECIFIC DEFINITION IN THE LEGISLATION, THE GOVERNMENT'S THINKING WAS THAT MEMBERS OF A TRIBUNAL, BEING MEMBERS OF THE COMMUNITY, WOULD POSSESS A GENERAL KNOWLEDGE OF THEIR OWN COMMUNITY'S ACCEPTED STANDARDS OF PROPRIETY. IN ADDITION, THEY WOULD BE ABLE TO RESORT TO A MORE SPECIFIC BODY OF KNOWLEDGE AND REFERENCE BUILT UP WITH THE PASSAGE OF TIME, HE SAID.

TO KEEP PACE WITH COMMUNITY STANDARDS, SURVEYS WOULD CONTINUE TO BE UNDERTAKEN BY THE ADMINISTRATION FROM TIME TO TIME, MR SO SAID. THE RESULTS OF SUCH SURVEYS WOULD BE ADMISSIBLE EVIDENCE AT FULL HEARINGS WHERE INTERIM RULINGS WERE UNDER REVIEW.

+FURTHERMORE PUBLISHERS, IMPORTERS, AUTHORS, MANUFACTURERS AND PERSONS WITH A MATERIAL INTEREST IN THE PUBLICATION OF AN ARTICLE WILL HAVE ACCESS TO THE REPOSITORY OF ARTICLES CLASSIFIED AND WILL HOPEFULLY BE ABLE TO SELF-REGULATE BY REFERENCE TO THE TRIBUNALS' PAST CLASSIFICATIONS,+ HE NOTED.

MR SO POINTED OUT THAT THE CATEGORIES OF PERSONS WHO MIGHT SUBMIT ARTICLES FOR CLASSIFICATION BY A TRIBUNAL HAD BEEN EXTENDED TO INCLUDE THE AUTHOR. THE COPYRIGHT OWNER AND THE PERSON WHO COMMISSIONED THE DESIGN, PRODUCTION OR PUBLICATION OF AN ARTICLE.

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+THIS AMENDMENT BRINGS LOCAL LEGISLATION MORE INTO LINE WITH SIMILAR PROVISIONS IN OTHER JURISDICTIONS,+ HE SAID.

MR SO NOTED THAT THE BILL ALSO CONTAINED A NUMBER OF OTHER MINOR AMENDMENTS AND DRAFTING CHANGES.

/UNDER THE