
Originally Posted by
JohnE
stevo well said
but, unless you have worked in or are a legal practioner,you would know
there are intention offences, ie where you deliberatly set out to do something illegal.
that is written into the acts and proofs of the offences.
in this case no intention no offence. that only shows a defect in the legislation/act. Thats why the DPP is not proceeding,
.............
john
I do not believe this interpretation of the situation is correct. The intention question is not why the DPP is not proceeding.
The simple fact is that nudity, regardless of the age or sex of the subject, is not pornographic and will not be classified as such by the OFLC, unless it can be shown to be "sexualised", and in the case of these images the censor (who is the expert on the subject) does not believe this to be the case. As Incisor has commented, Australia is pretty heavily censored in many respects, but simple nudity is NOT subject to censorship, regardless of what else is.
A significant minority appears to believe that just because something is stimulating to a small number of deviants, it should be banned regardless, and that any image of a naked or partially clothed child falls into this classification. In my view, this attitude is indefensible. Changing the law to criminalise all images of naked or partially naked children, which is what is being called for, would make into criminals a large proportion of parents as well as almost all art galleries, and trustees of many public buildings, travel brochures, books and films. And it would have no significant impact on the access of these deviants to much more stimulating material via the internet. (and it is worth noting that censoring the internet is virtually impossible - it should be remembered that the arresting those responsible for downloading child pornography recently will have no significant effect on the availability of this material as a whole for those intent on finding it)
This question of whether something should be "banned" or not, is completely separate from whether it is "art" (and the censor as I understand it does not look at this question in this country, although this applies in the US). If we proposed to ban everything that is called art, that anyone dislikes, there would be very little left. For example, there is a fair bit of "art" about that offends me - but I am not calling for it to be banned.
John
John
JDNSW
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