Legal Definitions - obscene libel

The term obscene libel refers to the *publication* of material that is considered offensive to public decency and morals. Historically, it was a criminal offense, distinct from civil libel which focuses on damaging an individual's reputation. Instead, obscene libel targets the nature of the published content itself, deeming it harmful to public standards of morality.

For material to be considered obscene libel, it generally had to meet a legal test (like the "Miller test" in the U.S. for obscenity), which typically involves:

• Appealing to a prurient interest (an unhealthy, shameful, or morbid interest in sex).
• Depicting or describing sexual conduct in a patently offensive way, as defined by state law.
• Lacking serious literary, artistic, political, or scientific value.

The "libel" aspect signifies that the material is published in a permanent form, such as in writing, images, or video, rather than spoken (which would be slander).

Here are some examples to illustrate this concept:

• Example 1: Controversial Magazine Publication

  A small independent publisher releases a new magazine featuring a series of highly graphic photographs and detailed written descriptions of sexual acts that are widely considered extreme and disturbing. A local prosecutor reviews the content and determines that it appeals solely to prurient interest, depicts sexual conduct in a patently offensive way according to community standards, and lacks any serious artistic, literary, or scientific value. The prosecutor could bring charges against the publisher for obscene libel, arguing that the magazine constitutes the permanent publication of obscene material.

• Example 2: Online Content Host

  An individual creates and maintains a website that hosts a vast collection of explicit videos and images, many of which depict non-consensual or extremely violent sexual acts. The website is publicly accessible, and its content is deemed by legal authorities to be without any redeeming social, artistic, or educational value. If a court finds that this material meets the legal definition of obscenity, the act of making it publicly available on the website could be prosecuted as obscene libel, as it involves the permanent publication of obscene content.

• Example 3: Public Art Display

  An art gallery owner displays a series of large-format photographs in a prominent, street-facing window. These photographs depict highly explicit sexual acts in a manner that many members of the community find deeply offensive and without any discernible artistic merit beyond shock value. Local authorities receive numerous complaints and, after review, conclude that the images meet the legal criteria for obscenity under local statutes. The gallery owner could face charges of obscene libel for publicly displaying and thus "publishing" material deemed obscene in a permanent visual form.