Art or Child Porn -- An Update

The exhibition was to be of 41 photographs of naked teenagers, mostly. Some of the models were allegedly only 12 years old and by my reckoning makes them pre-teen. However, the police have seized 20 of the 41 photographs as evidence and it is expected that both NSW and Commonwealth charges are to be laid under Child Protection Act. My reckoning is that there are probably offences committed under the Crimes Act as well. The Commonwealth law is being used with respect to the publishing of an indecent article on the Internet.

The actual offence requires the depiction of a child under 16 years of age in a sexual pose. I must say that I have not seen the pictures and can only refer to what has been written by others, but it would seem that at least some of the photographs would fall into that category. This is probably also affirmed in the decision for the police to execute a search warrant and seize 20 of the items that were listed to be exhibited.

So, it seems as if the debate on what constitutes art and what constitutes porn is about to enter the legal realm and specifically the courts of NSW. This will pit the experts against each other from the art, porn, and child advocacy worlds and their respective supporters in opposing camps.

On the Federal level the PM has already weighed in with a statement that he finds the images revolting and a case of stripping away the rights of children to be children and in essence do things that normal children do. One assumes that his statement is based on a viewing of the offending images and not just hearsay. As PM he could demand a look couldn't he?

As an additional note. Bill Henson is one of the artists that Year 11 and 12 students in NSW can study as part of a course for their Higher School Certificate (HSC) for a Board of Studies approved subject titled "Photography, Video, and Digital Imaging". It should be pointed out that this comes with a disclaimer in the sense that it mandates that teachers must choose appropriate subject material for study.