united-kingdom legal-terms
Obscene Publications Act (UK Law) - Meaning of &#39;publishes&#39;?
<p>So, what I want to know is this: Suppose there is an article online that somebody wrote, which is 'obscene' by the criteria outlined e.g. in <a href="http://www.cps.gov.uk/legal/l_to_o/obscene_publications/" rel="nofollow">http://www.cps.gov.uk/legal/l_to_o/obscene_publications/</a></p>

<p>Let's say it is a written article (words only) for the sake of simplicity, posted on a website. If somebody goes on that site and reads the article, have they 'published' the article? </p>

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<p>[The relevant bit of legislation pertaining to 'publishes' is the following (emphasis mine):</p>

<p>(3)For the purposes of this Act a person publishes an article who—</p>

<p>(a)distributes, circulates, sells, lets on hire, gives, or lends it, or who offers it for sale or for letting on hire; or</p>

<p>(b)in the case of an article containing or embodying matter to be looked at or a record, shows, plays or projects it [F1, <strong>or, where the matter is data stored electronically, transmits that data.</strong>]:
. . . F2 </p>

<p>The reader is not the publisher: the poster is.</p>
