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.

Art or Child Porn

An exhibition of Bill Henson photographs depicting 12 an 13 year old children fully naked and in poses that have been described as being sexual (includes some of the offending images) is about to open in Paddington (NSW, Australia) at the Roslyn Oxley9 Gallery. The invitation depicts a picture of a young girl in her full nakedness and one hand covering her crotch.

So, have the prevalence of images of naked children in the mass media meant that those things that were shocking in the past for our parents are now no longer shocking? It would seem so!

Children must be afforded special protections from exploitation and specifically from sexual exploitation and in that sense the purpose of this protection is to allow children to be children. The reality however is that children are being sexualized at much younger ages and being exposed to adult themes at much earlier ages than ever before. If you do not believe me then simply go to any newsagent or place that sells magazines aimed at the teen girl market and read a story or two.

The issue has become just that an issue and has sparked a Senate enquiry in Australia. The Report is due some time next month and I might post some excerpts from it once it has been released.

Does the ever-increasingly earlier sexualization of children do them long-lasting mental and psychological harm. I guess the answer to this question is going to depend on who you ask and how you characterize the question presented.

It is being reported that Clive Hamilton, former executive director of the Australia Institute, whose 2006 report Corporate Pedophilia, authored by Dr Emma Rush, brought the sexualization of children issue into the mainstream, said yesterday:

"They have a very postmodern agenda, [with] an old fashioned feminist view that girls should be able to explore their sexuality and any attempt to stop them … is perverse."

This seems like that it is a debate that is going to continue for some time as there are distinct and competing agendas at play here.

For me, at least on a personal level, this is a sad indictment of the world in which we live that children can no longer have the right to be children. But, then again, perhaps this is the nature of the beast. The beast in this case being increasingly sophisticated technologies for providing information which in turn forces children to "grow-up" more quickly.

Nevertheless, the question that I want to leave any readers who have made it this far with is:

"when does art cease to be art and become pornography, or is pornography art?"