Pornography in Australia

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While pornography is legal in Australia, compared to other Western countries, Australia has historically had restrictive laws.

Contents

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, is illegal in Australia. Some other forms of pornography, such as BDSM pornography, are also technically illegal in Australia, but are widely available online.

Summary

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) but 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 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. [2]

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. [3]

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". [4]

Pornographic film industry

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]

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">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.

<span class="mw-page-title-main">Pornography laws by region</span> Legality of pornography

Pornography laws by region vary throughout the world. The production and distribution of pornographic films are both activities that are legal in some but not all countries, as long as the pornography features performers above a certain age, usually 18 years. Further restrictions are often placed on such material.

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.

<span class="mw-page-title-main">PROTECT Act of 2003</span> United States law regarding child abuse and violent crimes against children

The PROTECT Act of 2003 is a United States law with the stated intent of preventing child abuse as well as investigating and prosecuting violent crimes against children. "PROTECT" is a backronym which stands for "Prosecutorial Remedies and Other Tools to End the Exploitation of Children Today".

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

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.

Uniform fetishism is a particular type of clothing fetishism in which an individual is sexually aroused by uniforms. It is a form of sexual fetishism. Uniform fetishism has been associated with a variety of different uniforms, including schoolgirl and cheerleader uniforms, French maid uniforms, and uniforms associated with police or military organisations.

Section 63 of the Criminal Justice and Immigration Act 2008 is a law in the United Kingdom criminalising possession of what it refers to as "extreme pornographic images". The law came into force on 26 January 2009. The legislation was brought in following the murder of Jane Longhurst by a man who was said at the time of his trial to have had "extreme pornography" in his possession at the time of the death. The law has been more widely used than originally predicted, raising concerns as to whether the legislation is being used for prosecutions beyond the scope originally envisaged by parliament.

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.

An obscenity is any utterance or act that strongly offends the prevalent morality of the time. It is derived from the Latin obscēnus, obscaenus, "boding ill; disgusting; indecent", of uncertain etymology. Generally, the term can be used to indicate strong moral repugnance and outrage in expressions such as "obscene profits" and "the obscenity of war". As a legal term, it usually refers to descriptions and depictions of people engaged in sexual and excretory activity.

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.

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

In the United States, child pornography is illegal under federal law and in all states and is punishable by up to life imprisonment and fines of up to $250,000. U.S. laws regarding child pornography are virtually always enforced and amongst the harshest in the world. The Supreme Court of the United States has found child pornography to be outside the protections of the First Amendment to the United States Constitution. Federal sentencing guidelines on child pornography differentiate between production, distribution, and purchasing/receiving, and also include variations in severity based on the age of the child involved in the materials, with significant increases in penalties when the offense involves a prepubescent child or a child under the age of 18. U.S. law distinguishes between pornographic images of an actual minor, realistic images that are not of an actual minor, and non-realistic images such as drawings. The latter two categories are legally protected unless found to be obscene, whereas the first does not require a finding of obscenity.

Simulated child pornography is child pornography depicting what appear to be minors but which is produced without their direct involvement.

The Australian law prohibits all sexual depictions of children under an age set by state and territory legislation. The relevant ages are under 16 in the Australian Capital Territory, New South Wales, Queensland and Western Australia, under 17 in South Australia, and under 18 in the other jurisdictions and under federal law. The laws covering child pornography are differently defined in the various Australian jurisdictions, as are the penalties. The laws also cover depictions of sexual acts involving people over the threshold age who are simulating or otherwise alluding to being underage, even if all those involved are of a legal age. People have been successfully prosecuted after describing acts of abuse via MMS.

Legislation on pornography in Italy states that it is illegal to distribute pictoral or video pornography to persons under the age of 18.

Child pornography is erotic material that depicts persons under the age of 18. The precise characteristics of what constitutes child pornography varies by criminal jurisdiction.

<span class="mw-page-title-main">Sexuality in Japan</span> Cultural attitudes toward human sexuality in Japan

Sexuality in Japan developed separately from that of mainland Asia, as Japan did not adopt the Confucian view of marriage, in which chastity is highly valued. Monogamy in marriage is often thought to be less important in Japan, and sometimes married men may seek pleasure from courtesans. Prostitution in Japan has a long history, and became especially popular during the Japanese economic miracle, as evening entertainments were tax-deductible. Decreased sex drive in the 21st century has been blamed for the low Japanese birth rate and declining growth of the Japanese population.

<span class="mw-page-title-main">Legality of BDSM</span> Laws on BDSM

Criminalization of consensual BDSM practices is usually not with explicit reference to BDSM, but results from the fact that such behavior as spanking or cuffing someone could be considered a breach of personal rights, which in principle constitutes a criminal offense. In Germany, Netherlands, Japan and Scandinavia, such behavior is legal in principle. In Austria the legal status is not clear, while in Switzerland and parts of Australia some BDSM practices can be considered criminal.

<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.

References

  1. 1 2 Marks, Kathy (29 April 2000). "Canberra reborn as capital of sex". The Independent. London. Retrieved 31 December 2015.
  2. 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.
  3. "Pornography Laws in Australia". 30 March 2023.
  4. "Simpsons cartoon rip-off is child porn: judge" . The Age . 8 December 2008. Retrieved 7 May 2024.