PSA-2000

Background

The Postal Services Act 2000 (CPS Guidance) prohibits sending “indecent” or “obscene” material via the postal service.

Prohibition on sending certain articles by post.

(1)A person commits an offence if he sends by post a postal packet which encloses any creature, article or thing of any kind which is likely to injure other postal packets in course of their transmission by post or any person engaged in the business of a postal operator.

(2)Subsection (1) does not apply to postal packets which enclose anything permitted (whether generally or specifically) by the postal operator concerned.

(3)A person commits an offence if he sends by post a postal packet which encloses—

(a)any indecent or obscene print, painting, photograph, lithograph, engraving, cinematograph film or other record of a picture or pictures, book, card or written communication, or

(b)any other indecent or obscene article (whether or not of a similar kind to those mentioned in paragraph (a)).

(4)A person commits an offence if he sends by post a postal packet which has on the packet, or on the cover of the packet, any words, marks or designs which are of an indecent or obscene character.

(5)A person who commits an offence under this section shall be liable—

(a)on summary conviction, to a fine not exceeding the statutory maximum,

(b)on conviction on indictment, to a fine or to imprisonment for a term not exceeding twelve months or to both.

Backlash Position

Protections for postal workers inadvertently coming into  contact with sexual material in the course of their jobs is welcome, however the act fails to specify a motivation for the prohibition of such material, and represents a censor on a public communications channel with implications for free speech. The act could easily be framed to ensure that “obscene” material be clearly marked.