sec.44No liability in certain circumstances

### sec.44 No liability in certain circumstances A person is not guilty of an offence against section 41 or 42 (1) in relation to an objectionable film of a kind mentioned in subsection (3) if— the person took all reasonable steps to obtain classification of the film, having regard to the stage of making or production of the film or the time that has elapsed since making or production of the film; and the person believes on reasonable grounds that the film will be classified other than X 18+ or RC. For subsection (2) , the kinds of objectionable film are— a film that would be classified RC because it depicts, expresses or otherwise deals with matters of sex, drug misuse or addiction, crime, cruelty, violence or revolting or abhorrent phenomena in a way that it offends against the standards of morality, decency and propriety generally accepted by reasonable adults to the extent that it should not be classified; and a film that would be classified X 18+ because it— explicitly depicts sexual activity between adults, where there is no sexual violence, coercion or nonconsent of any kind, in a way that it is likely to offend a reasonable adult; and is unsuitable for a minor to view. s 44 amd 1996 No. 56 s 85 ; 2005 No. 24 s 30 (sec.44-ssec.2) A person is not guilty of an offence against section 41 or 42 (1) in relation to an objectionable film of a kind mentioned in subsection (3) if— the person took all reasonable steps to obtain classification of the film, having regard to the stage of making or production of the film or the time that has elapsed since making or production of the film; and the person believes on reasonable grounds that the film will be classified other than X 18+ or RC. (sec.44-ssec.3) For subsection (2) , the kinds of objectionable film are— a film that would be classified RC because it depicts, expresses or otherwise deals with matters of sex, drug misuse or addiction, crime, cruelty, violence or revolting or abhorrent phenomena in a way that it offends against the standards of morality, decency and propriety generally accepted by reasonable adults to the extent that it should not be classified; and a film that would be classified X 18+ because it— explicitly depicts sexual activity between adults, where there is no sexual violence, coercion or nonconsent of any kind, in a way that it is likely to offend a reasonable adult; and is unsuitable for a minor to view. - (a) the person took all reasonable steps to obtain classification of the film, having regard to the stage of making or production of the film or the time that has elapsed since making or production of the film; and - (b) the person believes on reasonable grounds that the film will be classified other than X 18+ or RC. - (a) a film that would be classified RC because it depicts, expresses or otherwise deals with matters of sex, drug misuse or addiction, crime, cruelty, violence or revolting or abhorrent phenomena in a way that it offends against the standards of morality, decency and propriety generally accepted by reasonable adults to the extent that it should not be classified; and - (b) a film that would be classified X 18+ because it— (i) explicitly depicts sexual activity between adults, where there is no sexual violence, coercion or nonconsent of any kind, in a way that it is likely to offend a reasonable adult; and (ii) is unsuitable for a minor to view. - (i) explicitly depicts sexual activity between adults, where there is no sexual violence, coercion or nonconsent of any kind, in a way that it is likely to offend a reasonable adult; and - (ii) is unsuitable for a minor to view. - (i) explicitly depicts sexual activity between adults, where there is no sexual violence, coercion or nonconsent of any kind, in a way that it is likely to offend a reasonable adult; and - (ii) is unsuitable for a minor to view.