§ 36. Mr. Dempseyasked the Attorney-General if he will instruct the Director of Public Prosecutions to institute proceedings for obscene libel against the British Broadcasting Corporation, as a result of the obscene language used in the programme B.B.C.3 on Saturday, 13th November.
§ The Attorney-General (Sir Elwyn Jones)No. After careful consideration of the matter in conjunction with the 511 Director of Public Prosecutions I have come to the conclusion that no criminal proceedings should be instituted in this case.
§ Mr. DempseyHas the Minister forgotten that week by week in the United Kingdom many persons are subject to such criminal proceedings for using such obscene language in the presence of a few, yet this character from the B.B.C. uses it in the presence of millions and gets away with it? Does this not indicate that there is a law for the ordinary people and a different law for the untouchables of the B.B.C. ——
§ Mr. SpeakerOrder. That is enough for the right hon. and learned Gentleman to answer.
§ The Attorney-GeneralNo one is untouchable so far as the criminal law is concerned. The test of obscene libel is whether the tendency of the matter charged as obscenity is to deprave and corrupt those whose minds are open to such immoral influence. I do not think that the use of a single word——
§ Mr. RankinWhat word?
§ The Attorney-General—in the course of a discussion on censorship would be held to have that depraving tendency.
§ Mr. SpeakerMr. Shepherd, Question No. 37.
§ Mr. DempseyOn a point of order. Am I to take it Mr. Speaker, that in future Front Bench speakers will be stopped just as quickly as I was?
§ Mr. SpeakerI try to be fair to everybody.