Pornography in Australia

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While pornography is legal in Australia, compared to other Western countries, Australia has historically had restrictive laws. Prior to the invention of internet pornography, pornographic films were de facto illegal in all six states, with pornography only being legal in the territories. Some extreme forms of pornography, such as pornography depicting children or animals, are illegal in Australia. Some other forms of pornography, such as BDSM pornography, are also technically illegal in Australia, but are widely available online.

Contents

In Australia, it is legal to possess pornographic material, with some extreme exceptions. However, it is illegal to sell, exhibit or rent X-rated pornographic material in all states (Victoria, South Australia, Western Australia, New South Wales, Tasmania, and Queensland). Still, it is legal to do so in the two territories (the Northern Territory and the Australian Capital Territory). As the Australian constitution prohibits states from regulating interstate commerce, it is permitted to purchase pornography in either territory and then bring it interstate. As a result, the majority of Australian mail-order operations for adult material operate from the ACT. [1]

History

In 1970, the earliest explicit adult film was produced in Australia. It was a hardcore lesbian film titled The Dream. [2]

In 1983, Labor Attorney General Gareth Evans oversaw video regulation by devising a compulsory classification scheme. [3] The following year an ordinance was passed that included a new X classification that was to apply to the sale of videos in the Commonwealth Territories. [3]

In 2007, the Northern Territory National Emergency Response, introduced by the Howard government, made the possession of alcohol or material classified as X18+ or RC (the former being the classification given to all legal forms of pornography, while the latter being the classification given to anything banned in Australia) a criminal offence in some remote Aboriginal communities in the Northern Territory, including in the Alice Springs town camps. [4]

In 2020, a government inquiry into age verification for online wagering and online pornography found that implementing age verification measures was recommended. [5]

Viewing

A 2019 analysis of Australians porn viewing habits found that found the majority of Australians use their mobile phone to watch online porn. [6]

The average age of Australians first encounter with online porn is 13. [7] About one in three young Australians view pornography for sex education. [8] A 2024 Queensland University of Technology study found that the majority of young people aged 15–20 years old had been exposed to pornography, intentionally or accidentally. [9] It found that 54.4 per cent of young men viewed pornography at least weekly. [9]

Regulation

There are three types of classification by which video adult content may be distinguished for legal reasons. These are R18+ Restricted for simulated sexual activity and nudity in a sexual context, X R18+ Restricted for X Rated content such as hardcore pornography and RC Refused Classification. [10]

Online pornography is regulated by the eSafety Commissioner, Julie Inman Grant. [11]

Illegal pornography

Some types of pornography (both real and fictitious) are technically illegal in Australia and if classified would be rated RC and therefore banned in Australia. This includes any pornography depicting violent BDSM, incest, paedophilia, zoophilia, certain extreme fetishes (such as golden showers) and/or indicators of youth (such as wearing a school uniform). However, all of these other than paedophilic and zoophilic pornography are widely available on pornographic websites, which are accessed by millions of Australians. [12]

Fictitious child pornography is illegal and falls under the same category as real child pornography. In December 2008, a man from Sydney was convicted of possessing child pornography after it was found that he had sexually explicit images of Bart, Lisa and Maggie Simpson, three fictional characters from the American animated sitcom The Simpsons who are minors, on his computer. The New South Wales Supreme Court upheld a Local Court decision that the characters "depicted, and thus could be considered, real people". [13]

Pornographic film industry

It is generally legal in Australia to film pornography. [14] The acts must be consensual and violence-free.

The Australian pornographic film industry has traditionally been concentrated in the country's capital city, Canberra, which is regarded as Australia's most progressive city. Prior to the invention of the internet, Canberra was the only place where pornography could legally be sold. Canberra's pornographic film industry is part of the city's broader sex industry, which is the largest and oldest legal sex industry in Australia. Even today, Canberra is still regarded as Australia's "sex capital". [1]

Anti-pornography

Melinda Tankard Reist is a prominent anti-‘pornification’ campaigner. [3]

See also

Related Research Articles

An X rating is a film rating that indicates that the film contains content that is considered to be suitable only for adults. Films with an X rating may have scenes of graphic violence or explicit sexual acts that may be disturbing or offensive to some viewers. The X rating is used in different ways by different countries, and it may have legal or commercial implications for the distribution and exhibition of such films. For example, some countries may ban or restrict the sale or rental of X-rated films, while others may allow them only in specific theaters or with special taxes. Some countries may also have different criteria or definitions for what constitutes an X-rated film, and some may consider the artistic merit of the film as a factor in classification. The X rating has been replaced or renamed by other ratings in some countries over time.

<span class="mw-page-title-main">Sex shop</span> Retailer of adult erotic entertainment products

A sex shop is a retailer that sells products related to adult sexual or erotic entertainment, such as sex toys, lingerie, pornography, and other related products.

<span class="mw-page-title-main">Pornography in Japan</span>

In Japan, pornography has unique characteristics that readily distinguish it from western pornography. Pornographic films are known as "adult videos" (AV) in Japan, so Japanese adult videos (JAV) refers to the Japanese Adult Video industry. Animated films are referred to as hentai in English, but in Japan the terms "adult anime" and "erotic animation" are used. In addition to pornographic videos and magazines featuring live actors, there are now categories of pornographic manga and anime, and pornographic computer games.

<span class="mw-page-title-main">Pornography in the United States</span>

Pornography has existed since the origins of the United States, and has become more readily accessible in the 21st century. Advanced by technological development, it has gone from a hard-to-find "back alley" item, beginning in 1969 with Blue Movie by Andy Warhol, the Golden Age of Porn (1969–1984) and home video, to being more available in the country and later, starting in the 1990s, readily accessible to nearly anyone with a computer or other device connected to the Internet. The U.S. has no current plans to block explicit content from children and adolescents, as many other countries have planned or proceeded to do.

<span class="mw-page-title-main">R18 (British Board of Film Classification)</span> BBFC content rating used for hardcore pornographic films

R18 is a film or video classification given by the British Board of Film Classification (BBFC). It is intended to provide a classification for works that do not breach UK law, but exceed what the BBFC considers acceptable in the 18 category. In practice, this means hardcore pornography.

Internet censorship in Australia is enforced by both the country's criminal law as well as voluntarily enacted by internet service providers. The Australian Communications and Media Authority (ACMA) has the power to enforce content restrictions on Internet content hosted within Australia, and maintain a blocklist of overseas websites which is then provided for use in filtering software. The restrictions focus primarily on child pornography, sexual violence, and other illegal activities, compiled as a result of a consumer complaints process.

Definitions and restrictions on pornography vary across jurisdictions. The production, distribution, and possession of pornographic films, photographs, and similar material are activities that are legal in many but not all countries, providing that any specific people featured in the material have consented to being included and are above a certain age. Various other restrictions often apply as well. The minimum age requirement for performers is most typically 18 years.

Rape pornography is a subgenre of pornography involving the description or depiction of rape. Such pornography either involves simulated rape, wherein sexually consenting adults feign rape, or it involves actual rape. Victims of actual rape may be coerced to feign consent such that the pornography produced deceptively appears as simulated rape or non-rape pornography. The depiction of rape in non-pornographic media is not considered rape pornography. Simulated scenes of rape and other forms of sexual violence have appeared in mainstream cinema, including rape and revenge films, almost since its advent.

Pornography has been dominated by a few pan-European producers and distributors, the most notable of which is the Private Media Group that successfully claimed the position previously held by Color Climax Corporation in the early 1990s. Most European countries also have local pornography producers, from Portugal to Serbia, who face varying levels of competition with international producers. The legal status of pornography varies widely in Europe; its production and distribution are illegal in countries such as Ukraine, Belarus and Bulgaria, while Hungary has liberal pornography laws.

<span class="mw-page-title-main">Pornography</span> Portrayal of sexual subject matter

Pornography is sexual subject material such as a picture, video, text, or audio that is intended for sexual arousal. Made for consumption by adults, pornographic depictions have evolved from cave paintings, some forty millennia ago, to modern virtual reality presentations. A general distinction of adults-only sexual content is made-classifying it as pornography or erotica.

In the United Kingdom, pornography is regulated by a variety of laws, regulations, judicial processes, and voluntary schemes. Pornographic material generally has to be assessed by regulators or courts to determine its legality. British censorship laws with regard to pornography have often been some of the most restrictive in Western Europe.

<span class="mw-page-title-main">Sex industry</span> Field of business

The sex industry consists of businesses that either directly or indirectly provide sex-related products and services or adult entertainment. The industry includes activities involving direct provision of sex-related services, such as prostitution, strip clubs, host and hostess clubs, and sex-related pastimes, such as pornography, sex-oriented men's magazines, women's magazines, sex movies, sex toys, and fetish or BDSM paraphernalia. Sex channels for television and pre-paid sex movies for video on demand, are part of the sex industry, as are adult movie theaters, sex shops, peep shows, and strip clubs. The sex industry employs millions of people worldwide, mainly women. These range from the sex worker, also called adult service provider (ASP), who provides sexual services, to a multitude of support personnel.

Legal frameworks around fictional pornography depicting minors vary depending on country and nature of the material involved. Laws against production, distribution, and consumption of child pornography generally separate images into three categories: real, pseudo, and virtual. Pseudo-photographic child pornography is produced by digitally manipulating non-sexual images of real minors to make pornographic material. Virtual child pornography depicts purely fictional characters. "Fictional pornography depicting minors," as covered in this article, includes these latter two categories, whose legalities vary by jurisdiction, and often differ with each other and with the legality of real child pornography.

Much of the regulation in the adult film industry has been limited to preventing child pornography. To enforce the age of entry restriction, most adult industry production companies are required to have a Custodian of Records that documents and holds records of the ages of all performers.

Child pornography is erotic material that depicts persons under the designated age of majority. The precise characteristics of what constitutes child pornography varies by criminal jurisdiction.

The Australian Classification Board is an Australian government statutory body responsible for the classification and censorship of films, television programmes, video games and publications for exhibition, sale or hire in Australia.

<i>R v Peacock</i>

R v Peacock was an English Crown Court case that was a test of the Obscene Publications Act 1959. In December 2009, the defendant, a male escort named Michael Peacock, had been charged by the Metropolitan Police for selling hardcore gay pornography that the police believed had the ability to "deprave or corrupt" the viewer, which was illegal under the Obscene Publications Act. He was subsequently acquitted through a trial by jury in January 2012.

<span class="mw-page-title-main">Audiovisual Media Services Regulations 2014</span> United Kingdom legislation

The Audiovisual Media Services Regulations 2014 is a statutory instrument of the Parliament of the United Kingdom that applies regulations to R18-rated pornography that is available through paid video on demand or other streaming platforms. Prior to the regulations coming into force, neither Ofcom nor the British Board of Film Classification (BBFC) had jurisdiction over such content. In force from 1 December 2014, these regulations were made by the Secretary of State in exercise of the powers conferred by section 2(2) of the European Communities Act 1972.

Hurtcore, a portmanteau of the words "hardcore" and "hurt", is a name given to a particularly extreme form of pornography, usually involving degrading violence, bodily harm and torture relating to child sexual abuse. Eileen Ormsby, Australian writer and author of The Darkest Web, described hurtcore as "a fetish for people who get aroused by the infliction of pain, or even torture, on another person who is not a willing participant". An additional motivation for the perpetrator, next to their position of power over their victims, can be the reaction of their victims to the physical abuse, like crying or screaming of pain. This reaction can stimulate the arousal of the perpetrator even more.

References

  1. 1 2 Marks, Kathy (29 April 2000). "Canberra reborn as capital of sex". The Independent. London. Retrieved 31 December 2015.
  2. Martin, Richard (5 January 2024). "DIY pornography, 1970s-style: The forgotten story of Australia's pioneering erotic filmmakers". ABC News. Retrieved 13 November 2024.
  3. 1 2 3 Gleeson, Kate (May–June 2013). "From Suck magazine to Corporate Paedophilia. Feminism and pornography — Remembering the Australian way". Women's Studies International Forum. 38: 83–96. doi:10.1016/j.wsif.2013.02.012 . Retrieved 13 November 2024.
  4. Families, Community Services and Indigenous Affairs and Other Legislation Amendment (Northern Territory National Emergency Response and Other Measures) Bill 2007 (PDF) (Bill 21). 13 August 2007.
  5. "Government's plan to restrict porn in Australia". news.com.au. 6 March 2020. Retrieved 13 November 2024.
  6. Taylor, Andrew (14 December 2019). "'Intricate part of our culture': Online porn viewing trebles in three years". Sydney Morning Herald. Retrieved 13 November 2024.
  7. Lavoipierre, Ange (19 May 2024). "How age verification rules for porn and social media could impact millions of Australian adults". ABC News. Retrieved 14 November 2024.
  8. Vallance, Syan (13 November 2024). "New report into young Australians watching pornography finds 1 in 3 respondents used it for sexual education". ABC News. Retrieved 13 November 2024.
  9. 1 2 "Has your child watched porn? Most young Australians have and experts are worried". SBS. 20 March 2024. Retrieved 13 November 2024.
  10. Morris, Mike (23 October 2024). "Australia's Top Porn Studios: Inside The Heavily-Censored Aussie Porn Industry". Red Light Australia. Retrieved 13 November 2024.
  11. Wood, Patrick (16 January 2019). "Australia's porn problem". ABC News. Retrieved 13 November 2024.
  12. "Pornography Laws in Australia". 30 March 2023.
  13. "Simpsons cartoon rip-off is child porn: judge" . The Age . 8 December 2008. Retrieved 7 May 2024.
  14. "Filming Pornography in Australia: What You Need to Know". KPT Defense Lawyers. 31 July 2024. Retrieved 13 November 2024.