R v Walker was an English CrownCourt case that was a test of the Obscene Publications Act 1959. It was the first such prosecution involving written material in nearly two decades and set a precedent in use of the act to prosecute web fiction. In October 2008, the defendant, Civil Servant Darryn Walker was charged with publishing an obscene story contrary to Section 2. It appeared on an internet site. A newspaper sparked the prosecution as it involved a real person fiction horror story, of murder of the members of British pop groupGirls Aloud. The case was abruptly abandoned on its first day and the defendant was cleared of all charges.
Background
On 26 July 2007, UK tabloid newspaper The Daily Star reported that it had discovered an online text story about British pop group Girls Aloud that it described as "a chilling story detailing each singer's gory death in scenes that could be straight out of a horror movie", characterizing its author as "a vile internet psycho" and "a cyber-sicko". The paper reported the content at "Kristen Archives", to the Internet Watch Foundation, and that the IWF had traced the site to the US. It also claimed that Interpol had been notified to help track down the site's operators and the writer of the story. An IWF spokesperson was reported as saying that since the site was hosted in the US, it fell outside the organization's remit, but that they were aware of the site. The site hosted "child abuse fantasy stories", which details were fed to the British police.
Decision to prosecute
The story, entitled "Girls Aloud", had been posted from within the jurisdiction of the UK on a website hosted in the US. Submitted under a pseudonym, the posting included a traceable email address. Officers from Scotland Yard’s Obscene Publications Unit decided to seek prosecution after consulting the Crown Prosecution Service, and on 25 September 2008 it was announced that this would occur for the online publication of material that the police and the CPS believed was obscene. It was the first such prosecution for written material since the landmark obscenity cases of the '60s and '70s. Any ruling would affect intended regulation of the internet in the jurisdiction.
Trial
Walker appeared in court on 22 October 2008 to face charges of "publishing an obscene article contrary to Section 2 of the Obscene Publications Act 1959". He was granted unconditional bail; the first day of the trial was organised for 16 March 2009. However, at the procedural preliminiaries hearing in January, the defendant made it known that given the seriousness of the case he would be represented by a QC, after which the Crown Prosecution Service gave notice of its intention to similarly employ one. The trial was postponed to 29 June 2009.
Outcome
Walker appeared at Newcastle Crown Court on that day. The prosecution withdrew its case after hearing evidence from an IT expert. The CPS explained it charged Walker as it believed that the story in question could be "easily accessed" by young fans of Girls Aloud. This was because of the definition of obscenity used in the act requires prosecutors to prove that those exposed to the material were previously unaware of its obscene nature. Those who actively seek out such material are deemed unlikely to be corrupted by it. However, the IT expert showed that the article could only be located by those specifically searching for such material. A spokesperson for the CPS said that the prosecution was unable to provide sufficient evidence to contradict this new evidence and therefore saw no longer a realistic prospect of conviction. Mr Justice Faulks, presiding, returned a formal verdict of not guilty to the charge.
