What are the laws concerning obscenity and indecency?
In Washington state, obscenity and indecency laws are in place to protect certain aspects of the public’s safety and moral standards. Obscenity is defined by Washington state law as any material, performance, or conduct that portrays nudity, sexual conduct, or sexual excitement in a way that appeals to prurient interests, is patently offensive, and has no serious literary, artistic, political, or scientific value. Indecency, on the other hand, involves materials that are primarily intended for minors, and are seen as “harmful to minors,” including depictions of nudity, sexual conduct, or sexual excitement that appeal to minors’ prurient interests. Under the law, it is illegal to create, possess, sell, or distribute obscene materials. Also, it is unlawful to sell or distribute materials that are considered “harmful to minors.” Any legal action taken against a person accused of breaking these laws must prove that the materials were intended to be obscene, not just that they are in and of themselves considered obscene. In Washington state, it is also illegal to broadcast obscene or indecent material over a television or radio station. Indecent material includes depictions of nudity, sexual conduct, or sexual excitement that appeals to minors’ prurient interests. Broadcasts of such material must not be aired during times when minors are likely to be listening or viewing, such as late at night, early in the morning, or during popular TV and radio shows. It is important to note that the law regards obscenity and indecency differently than other kinds of material, such as defamation and invasion of privacy, which are also restricted by media law. Obscenity and indecency laws in Washington seek to protect the public’s safety and moral values, while also protecting minors from material they may not be mature enough to handle.
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