Law / Bermuda

Obscene Publications Act 1973, restriction on publishing an obscene article to a minor

Obscene Publications Act 1973 (Bermuda), 1973:48, s. 3 (offences involving obscene articles)

A citation is an address, not a summary. The first part names the law; what follows narrows it to the exact section, article or paragraph.

In force.

An adult content age verification (AV) rule binding public and private bodies.

As of 7 September 2026.

What this law does

Drafted with AI from the cited sources under the direction of UnGovr staff. UnGovr holds editorial responsibility for this page.

Section 3(1)(d) makes it an offence to publish an obscene article to, or in the presence of, a person under the age of sixteen years. "Publishes" is defined to include distributing, circulating, selling, letting on hire, giving or lending a thing, or showing, playing or projecting a thing containing matter to be looked at or a record.

The same section separately bars importing an obscene article, publicly publishing one, or having one for publication for gain, and section 2(3) deems a thing obscene if it is child abusive material or child pornography within the meaning of Part X of the Criminal Code. A defendant is not convicted if they prove they had not examined the article and had no reasonable cause to suspect it was obscene.

If you get it wrong

Criminal exposureYes

Criminal exposure note

Publishing an obscene article to, or in the presence of, a person under sixteen (section 3(1)(d)), and the other section 3(1) offences (importing, publicly publishing, or possessing for gain an obscene article), are each liable on summary conviction to imprisonment for twelve months or a fine of $5,000, or both, and on conviction on indictment to imprisonment for two years or a fine at the discretion of the court.

Penalty structure

Section 3 caps a summary-conviction fine at $5,000 (twelve months' imprisonment); on conviction on indictment the fine is at the discretion of the court (uncapped) with imprisonment capped at two years.

Rule
Fixed only
As of
7 September 2026
Currency
BMD
Fixed cap
5,000

Who enforces it

Enforcement body

Bermuda Police Service; prosecution requires the Director of Public Prosecutions' consent

What it reaches

Obligation class

Age verification, Prohibition

When LexLint raises it

  • publishes_adult_content

Read the law

Obscene Publications Act 1973, Consolidated Laws of Bermuda

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