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Confusion surrounds sale of obscene CDs

By Jarion Richardson Questions over the sale of compact discs laced with profane lyrics remain unanswered by Government officials.

A Royal Gazette investigation last week revealed that there is legislation restricting the sale, importation, publication and possession for gain, for CDs containing explicit lyrics -- the Obscene Publications Act 1973.

Last week, a Consumer Affairs official said the Attorney- General's chambers advised her there is no law regarding compact discs containing profane language.

When contacted by The Royal Gazette , Dame Lois Browne- Evans candidly said she could not recall "off the top of (her) head'' which law might come into play.

Government's Information Services department was also queried and a spokesman said: "There is no law that the content of CDs or records must conform to a certain standard.'' In addition, a Consumer Affairs official, acting under the direction of Environment, Development and Opportunity Minister Terry Lister, said: "There is no legislation at this time governing this area. They (AGs chambers) are in the process of drafting it right now.'' When contacted last week, Mr. Lister said: "In fact, I'm going to check on it myself.'' Efforts to contact the minister to discover the results of his investigation were not successful.

According to the Obscene Publications Act 1973, Section 3, the sale, publication, possession for gain and importation of profane CDs is an indictable matter and punishable by two years imprisonment and a fine "at the discretion of the court''.

Under the same section, summary conviction is punishable by "imprisonment for 12 months or a fine of $5,000 or both ''.

The Royal Gazette investigation stemmed from a complaint by a member of the public who was upset that her 14-year-old brother was allowed to buy a profane CD from local music stores.

On Tuesday, despite calls to the Attorney-General's Chambers, Health and Safety, Human Affairs and Consumer Affairs departments -- no one knew about the Obscene Publications Act.

When the complaint first came to light Joseph Lopes, owner/ manager of The Sound Stage music store, where the offending CD was purchased, shrugged when asked what the regulations were regarding sales.

"I have no idea -- no one has ever contacted me or said anything,'' he said.

Commenting after, Mr. Lopes said The Royal Gazette was the only organisation he knew of that looked into the subject and he maintained that he had no knowledge of it.

Mr. Lopes said Sound Stage would take steps to halt the sale of explicit lyric CDs to minors.

"Obviously we've got to be more careful now,'' he said, "We've got to use our discretion and check (identification).

"I think it's going to slow down the process (of minors getting profane CDs).

It won't stop (the process),'' he added.

Mr. Lopes suspects youths will contract older children to purchase the CDs.

The Obscene Offences Act is enforced by the Broadcast Commission which reviews the Act, recommends amendments to the Telecommunications Minister and advises in matters of the Act.

And under the Act, no one can be prosecuted without the consent of the Attorney-General.

ENTERTAINMENT ENTERTAINERS ENT