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Article #18

Re: Protest Rallies - new Aust. Net Censorship Law - Friday May 28

#18
From: Gibson H R
Date: Tue, 01 Jun 1999 00:00
85 lines
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Rod Speed (rodspeed@ozemail.com.au) wrote:
: > illegal under what grounds?
: 
: The legislation that made child porn a complete no no managed to include
: that erotic fiction. Clearly if its just erotic fiction about adults its fine.

Thinking back to last time read the relvent statutes.. Hmm, you'r right
now that I think about it. I seem to recall it using the word 'depict'
which means that textual descriptions are also covered. This means that a
technical enforcement of this provision would likely see every ISP who
carries alt.sex.stories in trouble since it is likely to contain stories
of this nature from time to time (or maybe all the time?)

: 
: > And if so, why so.
: 
: Wowsers have massive hangups. Think its supposed
: to be due to poor toilet training or something |-)

Something like that.

(snip)
: Nope, not as far as the Crimes Act is concerned.

True , but does anyone know of any cases whre someone was proscuted for
posession of a textual description of child abuse or child sex and who
wasn't also in posession of images as well. 

: 
: > Do you mean child porn images (which required violation of someones rights)
: 
: That's distinctly arguable with passing around images that you've come across.

In terms of use of police resources I think going after distributors of
child porn is a much better use of resources than going after people who
download child pornography. I know some people will put up the 'choking
off demand' argument but you would have to prosecute of lot of downloaders
to reduce the distribution the same way prosecuting a half dozen
distributors would.

: > or ficticious works?
: 
: Both, due to the way that legislation was written.
: Its distinctly arguable how much sense that makes.

: Corse being fiction was never a valid protection against
: the previous much more draconian law on pornography etc.

Valid points true. I wonder for example how much sense there is in the
provisin of the child porn laws about 'is or "apears to be" under 16'. My
gf is 22, small build, still gets ID'd... would iages of her from when she
was 18 or 19 be child porn? 

: > (under current definitions it could eb if causing offence to a reasonable adult)
: > What about if I write a 'rape' story, or just repost a short 'rape scene'?
: 
: Gets surprisingly complicated.
: 
: As it did with that Lolita film for example. Some claimed that it was endorsing
: child molesting and a 'sympathic' look at what was after all a child molester.

They were the claims but I think anyone who saw the movie with an open
mind will have most likely have gone away wiotha  view of Humbolt as a
'tragic' sicko,a  paranoid nutcase.

: Sure and the whole thing has always suffered from the very
: fundamental lunacy that its fine to have people killing each
: other depicted, but not to depict them rooting. Barking mad.

I think a great example of game rating lunacy was Panzer General, which
thanks to a few very corny animiated sequences of people being blown up by
artillery, was given an MA rating, the same as the far more realistic and
graphic games like Quake and Doom.. what a joke.



-- 
++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++
Randyte (Heath Gibson)                    

"The interest in encouraging freedom of expression in a democratic society 
 outweighs any theoretical but unproven benefit of censorship."

 from the  majority judgement  in Reno_v_ACLU, striking  down the CDA.
++++++++++http://www2.hunterlink.net.au/~ddhrg/randyte.html+++++++++++++++++++
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From: c9416574@alinga.newcastle.edu.au (Gibson H R)
Subject: Re: Protest Rallies - new Aust. Net Censorship Law - Friday May 28
Date: 1999/06/01
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