the rift revealed... (hopefully not in the photo...)
It is possible that the police have advised the TATE that displaying that particular image, after the publicity it has received already, might lead to a breach of the peace, or some such, in which case no questions of indecency arise.
But, otherwise, I have to say that I am confused about what the actual situation is with regard to the Brooke Shields image. I am aware that there are various laws other than the Protection of Children Act 1978 that would prohibit "indecent displays" and obscene publications, and I know rather less about them than I do about the 1978 Act, but, as a strict matter of logic, IF offences would be committed under those Acts by displaying the photo, then the image MUST BE indecent or obscene, and it follows that offences under the 1978 Act or the Criminal Justice Act 1988 have ALREADY been committed. The image is not extreme porn, but even if it were, it would also be an indecen photograph of a child - R v Stanley (1965) "while an indecent article need not necessarily be obscene, an obscene article must almost certainly be indecent."
But the police seem satisfied that they have prevented an offence being committed. So, again as a matter of logic, the image is not indecent, or the police do not know what the law is, or the police do not want the public to know what the law is...
Or maybe the only rift revealed by this is the rift between those who can afford good lawyers, and those who cannot...
Biting the hand that feeds IT
