By Tony Morrison, Staff Reporter
Derek Jones and Howard Pinnock
E-MAILING "DIRTY jokes", possessing a copy or two of Playboy Magazine, or a semi-nude pinup of your favourite entertainer could land you in trouble with the law -- and a fine of $40.
The Obscene Publications Act of 1927 makes it illegal to trade, distribute, publicly exhibit, possess or produce "any obscene writings, drawings, prints, paintings, printed matter, pictures, posters, emblems, photographs, cinematograph films, or any other obscene objects."
It's one of many laws on the books that date back to the 19th and early 20th centuries and seem to bear little relevance to island life today.
According to one lawyer, depending on the definition of obscene, this 1927 Act has grave implications concerning the right to privacy.
It also seems to implicate a wide range of people, from teenagers with movie star posters on their bedroom walls, lovers with a sex toy or two on the bedside table, office workers who circulate dirty jokes, anyone who watches the odd blue movie on cable, or readers of publications like The Star, X-News and Hard Copy.
The fine, according to the law is $40.
Other laws that date back to another era include the Tradesman Breaches of Trust Act, 1861. Under the Act, a tradesman who receives money from a client and fails to perform or neglects the contract, and refuses to repay, can be fined up to $10, if convicted.
The Act, however, stipulates that the fine would only apply if the money paid by the client in the first place did not exceed $20.
Under the Juveniles Act of 1951, harming a juvenile carries little penalty. According to the Act, injuring a juvenile to cause loss of limbs or organs will cost three months hard labour or $200 if convicted by the Supreme Court, or three months or $50 if convicted before a Resident Magistrate.
However, while some of the laws may seem archaic, some Government insiders say this impression is incorrect. Jamaica Bar Association President Derek Jones agrees with this view, saying that apart from some outdated dollar figures many Jamaican laws were written with a permanent quality that is still binding today.
Another legal mind reckons that while there are still some irrelevant laws on the books, most are still in working order. A more serious problem is the lack of enforcement of the current regulations, either because of a lack of will or a scarcity of resources, he said.
Some in the legal fraternity also point to relevant changes in the law that have been made over the years, such as the Maternity Leave Act of 1979 and the Status of Children Act of 1976. Mr. Jones notes that changes like these should be more of an ongoing process to keep pace with changing times.
Final year law student Howard Pinnock regards archaic laws as a pet peeve. He charges that "too few of our laws can stand up to either reason or the challenges of modern society".
He questions, for example, the reasoning behind laws like The Marriage Act of 1914. The Act states that while it is legal for a man to marry the sister of his dead wife or the wife of his dead brother, "it shall not be lawful for a man to marry the sister of his divorced wife, or the wife of his divorced brother," during the lifetime of that wife or brother.
Raising some eyebrows too is The Town and Communities Act of 1843, which indicates that apart from pharmacies, airports and shops within airports, hotels, and newspapers, no other business place should be open on Sundays or public holidays. The prescribed fines range from $4 to $20.
Then there is the Offences of the Person Act of 1864. Section 76 of the Act, under the subtitle Unnatural Offences, states that "--whosoever shall be convicted of the abominable crime of buggery, committed either with mankind or with any animal, shall be liable to be imprisoned and kept to hard labour for a term not exceeding 10 years."
Three sections later, under the heading Outrages on Decency, it criminalises acts of male homosexuality, but makes no mention of lesbianism.
