BermudaObscene Publications Act 1973, restriction on publishing an obscene article to a minor
Obscene Publications Act 1973 (Bermuda), 1973:48, s. 3 (offences involving obscene articles)
In force.
An adult content age verification (AV) rule binding public and private bodies.
- Enforcement body
- Bermuda Police Service; prosecution requires the Director of Public Prosecutions' consent
- Obligation class
- Age verification, Prohibition
- Audit expectation
- none
What it requires
- Do not publish an obscene article to, or in the presence of, a person under the age of sixteen years; publishing includes distributing, circulating, selling, letting on hire, giving or lending a thing, or showing, playing or projecting a thing containing matter to be looked at or a record.
- Do not import an obscene article, publicly publish one, or have one for publication for gain.
- Treat child abusive material and child pornography, within the meaning of Part X of the Criminal Code, as obscene.
- You are not convicted if you prove you had not examined the article and had no reasonable cause to suspect it was obscene.
These lines are LexLint's reading of the law's text.
If you get it wrong
Criminal exposureYes
Criminal exposure note
Publishing an obscene article to, or in the presence of, a person under sixteen (section 3(1)(d)), and the other section 3(1) offences (importing, publicly publishing, or possessing for gain an obscene article), are each liable on summary conviction to imprisonment for twelve months or a fine of $5,000, or both, and on conviction on indictment to imprisonment for two years or a fine at the discretion of the court.
Penalty structure
Section 3 caps a summary-conviction fine at $5,000 (twelve months' imprisonment); on conviction on indictment the fine is at the discretion of the court (uncapped) with imprisonment capped at two years.
- Rule
- Fixed only
- As of
- Currency
- BMD
- Fixed cap
- 5,000
What it makes you log
Logging duty
Section 3(1)(d) makes publishing an obscene article to a person under sixteen an offence; it requires no age check, log or record and sets no retention period.
- Kind
- None
- As of
What this law does
Section 3(1)(d) makes it an offence to publish an obscene article to, or in the presence of, a person under the age of sixteen years. "Publishes" is defined to include distributing, circulating, selling, letting on hire, giving or lending a thing, or showing, playing or projecting a thing containing matter to be looked at or a record.
The same section separately bars importing an obscene article, publicly publishing one, or having one for publication for gain, and section 2(3) deems a thing obscene if it is child abusive material or child pornography within the meaning of Part X of the Criminal Code. A defendant is not convicted if they prove they had not examined the article and had no reasonable cause to suspect it was obscene. The provisions this entry describes came into force on different days.
The Interpretation Act 1951 provides that, absent an express commencement date or a commencement notice, an Act comes into operation on the day it is assented to.
When LexLint raises it
When your app profile says your app publishes adult content.
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