NCJ Number
63054
Journal
Australian Law Journal Volume: 52 Issue: 7 Dated: (JULY 1978) Pages: 361-371
Date Published
1978
Length
11 pages
Annotation
THE GENERAL, COOPERATIVE COMMONWEALTH-STATE CENSORSHIP POLICY IN AUSTRALIA IS DESCRIBED, AND THE SPECIAL APPROACH TO CHILD PORNOGRAPHY IS DISCUSSED.
Abstract
THE LEGISLATIVE MODELS FOR CENSORSHIP DEVELOPED IN 1973 AND 1974 THROUGH CONSULTATIONS BETWEEN THE COMMONWEALTH AND THE STATES MAKE IT POSSIBLE FOR ADULTS TO ACQUIRE THE FULL GAMUT OF SEXUALLY-EXPLICIT MATERIAL THROUGH DISCREETLY STORE-FRONTED 'ADULTS ONLY' SHOPS AND RESTRICTED AREAS OF NEWSSTANDS AND BOOKSHOPS (OTHER THAN IN QUEENSLAND) OR THROUGH THE MAIL ON AN INTERSTATE BASIS. WHAT CANNOT BE PUBLICLY DISPLAYED OR SOLD TO THOSE UNDER 18 YEARS OF AGE CAN STILL, IN MOST CASES, BE PRIVATELY DISTRIBUTED TO WILLING ADULTS. THE DEGREE OF ACCESS TO MATERIALS IS RESTRICTED BY CLASSIFICATIONS DETERMINED BY STATE BOARDS. CLASSIFICATION IS BASED ON THE DEGREE OF SEXUAL EXPLICITNESS AND DEPICTION AND ADVOCATION OF CRIME, VIOLENCE, OR THE USE OF ILLEGAL DRUGS. UNDER THE CLASSIFICATION PROCEDURE, THERE CAN BE PUBLICATIONS SO OBJECTIONABLE THAT THEY ARE PROHIBITED FROM SALE BY ANY MEANS. ONE SUCH TYPE OF MATERIAL IS CHILD PORNOGRAPHY. WHILE THE CENSORSHIP BOARDS IN ANY STATE ARE FREE TO BAN THE SALE OF CHILD PORNOGRAPHY, THE VICTORIA LEGISLATURE ENACTED A LAW MAKING IT AN ILLEGAL TO MAKE, SELL, OR KEEP FOR GAIN OBSCENE ARTICLES PORTRAYING CHILDREN UNDER, OR REPRESENTED AS UNDER, THE AGE OF 16 YEARS. THE PURPOSE OF THE ACT IS TO PREVENT WIDESPREAD CHILD ABUSE BY UNDERMINING THE MARKER FOR MATERIALS WHICH EXPLOIT CHILDREN. THE CHILD PORNOGRAPHY ISSUE ILLUSTRATES THAT THE LIMITS OF THE 'FREEDOM TO READ/FREEDOM FROM OFFENSIVENESS' POLICIES ARE NOT YET CLEAR EVEN IN THE MUCH DEBATED AREA OF SEXUAL CONTENT AND THAT THE PARAMETERS OF THE LEGAL CONTROL ON THE OBSCENITY OF VIOLENCE HAVE BARELY BEGUN TO BE FORMULATED. THE APPENDIX PROVIDES A TABLE OF CLASSIFICATION BOARDS FOR EACH AUSTRALIAN STATE. (RCB)