Originally Posted by
JDNSW
Like you, I have not seen the photos, but it needs to be pointed out that photographing of naked children is not in itself illegal in any Australian state or territory, so you are right, there is no grey area. It is not even illegal in the USA, where so much of our popular culture comes from, or as far as I am aware, in any western country.
If the viewer finds images of naked children automatically obscene, I suggest that it says more about the viewer than the artist*.
Images of naked children may be pornography, but this depends entirely on whether the child is portrayed in a sexual pose or not - and there may well be a difference of opinion about what constitutes a sexual pose.
With the proliferation of digital cameras, the proportion of parents/grandparents with photographs of (their own) naked children would be very high, and it is unlikely that modifications to the existing laws to ban them would gain popular support. Look at the furor over the proposal a year or so ago to ban parents from taking photos at school swimming carnivals! (the proposal was quickly dropped).
The question of consent is a separate one, but it is worth noting that in this case both the girl involved and her parents have, through their lawyer, pointed out that the photography and publication were approved by them and still has their approval.
I, for one, am very wary of the modern idea that our lives should be guided by the assumption that everybody (else) is untrustworthy in the worst possible way. I suggest a perusal of the article in the June 2008 Scientific American on the biological basis of trust is worthwhile - it has an interesting comparison of how much people trust each other by country; the countries with most trust are the ones most people would consider to be good places to live. Australia is fairly well up the list.
John
*An excellent, well documented case of this is the one of Mark Foley. A US Congressman, he was a campaigner against child abuse, introducing the "Child Modeling Exploitation prevention Act of 2002" (which failed, largely because it would have made all commercial photography of children illegal) and campaigning against programs for teenagers at a Florida nudist resort. He was also a supporter of other legislation against child pornography.
In 2006 he resigned from Congress when his relation with teenage "Congressional Pages" over the previous ten years came to light, initially through publication of explicit emails from him, but he had been warned a year earlier by the Clerk of the House.