[2] The existence of this offence was denied by Hawkins;[3] and by Holt, C.J., who said that it was within the jurisdiction of the spiritual courts.
[4] It was an offence under the common law of England and Wales to publish an obscene libel.
However, section 2(4) of the Obscene Publications Act 1959 provided that a person publishing an article should not be proceeded against for an offence at common law consisting of the publication of any matter contained or embodied in that article where it was of the essence of the offence that the matter is "obscene".
Lord Reid said: The obvious purpose of s 2(4) is to make available, where the essence of the offence is tending to deprave and corrupt, the defences which are set out in the Act.
The offence was abolished when section 73(c) of the Coroners and Justice Act 2009 came into force on 12 January 2010.