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The Forum > General Discussion > Man charged over posting video

Man charged over posting video

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rstuart

Regarding your example of footage of a child accidentally stripped naked, you're probably right in saying that you'd be charged if the police found you in possession of such footage. But that would merely be another example of the police acting without seeking proper legal advice. Such footage would not fall within the definition of either child pornography or child abuse material, and you would not be convicted.

StG,

The Simpsons cartoon thing was a bit different. The law relates to the depiction or description of a child in a sexual context. It doesn't matter whether the child is a real child or a fictional child. The rationale for this is that the lawful availability of such material involving fictional children would create a demand for the real thing. I'm rather sceptical of this, and unaware of any evidence to support it. I suspect it's really just a pretext for banning stuff that some people don't like. But I agree with the judge in the case that that's the law as it stands, and the judge had no choice about enforcing it.

The same judge would no doubt find that the video of baby swinging was not child abuse material within the meaning of the legislation, and that disseminating it was therefore not an offence.
Posted by Sylvia Else, Saturday, 13 December 2008 1:49:09 PM
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Robert

You really are trying hard to put your own interpretation of what I wrote. I never accused anyone on OLO as being paedophiles. Please back up your outrage claims. What I said was
'With so many sick judges, artists and priests it is no wonder we have trouble having any sort of child protection in place. It makes me wonder how many of the champions of porn on OLO are into this sick material. I have no doubt that most if not all paedophiles are into pornography.

OLO has many who defend the porn ( pervert industry) to the death. They openly admit/boast about their right to view this crap. It is an easy line for viewers of porn to cross from watching adults/teenagers/kids. This is proven by the many caught with child porn from all walks of life.

I am happy to stand by this statement although your interpretation of accusing porn/pervert watchers as paedophilles is not accurate or true. Unlike some others on these posts I have generally found you to be at least honest. You on this occasion are using deceit for whatever reason.

Any believer in Christ or any other person who has the slightest conviction by God's Holy Spirit knows that pornography whether it be adults/kids/animals is nothing short of dehumanizing and destruction to individuals, families and society. People everywhere are bound up by this crap despite it leading to child sexual abuse, the breakdown of families and the degradation of men, woman and children.

Demonizing those opposing this cancer on society does not change the clear outcomes of those caught up in it and its victims (many kids).
Posted by runner, Saturday, 13 December 2008 2:08:44 PM
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HI TO ALL THE FORGOTTEN AUSTRALIANS

JUST HAVING MY SAY IF IT WAS SOMETHING ILLEAGLE THIS PERSON HAS DONE SO BE IT THAT THE LAW DOES THE RIGHT THING

SPIKEY ,I Agree With You

and some others here on the site

we know the internet is now the most evil place for pedophiles to access information and pictiures and videos of children

and it is not just one person invovled with these things its many of many

like the porn bust with the Q C And Police officer,pedophiles are every where just is we don't know who they are until they are caught in the act or with evidence

i speak of this as truth as im a victim of child rape abuse while being detained in our states institution daruk boys home new south wales in 1977and 1978

and they were the staff employees that raped me

and the law and the courts have protected those two peophiles as well as protecting D.O.C.S. at the same time , stating records have been destroyed
The Reason Being If These Documents Were To be Read In Court The State Welfare of New South Wales would be So Hummilliated By The Truth This Is Why They Destroyed The Actual Proff of a Victim Who tried For Nearly Ten Years To Get Justice I Know Becuase Im That Victim The State Goverment still Cover up till this day

The courts and the goverment and the law does't care about us past victims or the latest victims that are suffering

so it seems they only want to act on what they feel like

their are many many more victims out their like myself who really are just about at boiling point overload

the goverment of australia and the state of new south wales and other states of australia are and were responable for our care and this did not happen as the truth has been told by the victims and the goverment covers it up so its not damming for their departments

regards huffnpuff we will no longer be forgotten
Posted by huffnpuff, Saturday, 13 December 2008 3:50:38 PM
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Hello Huffnpuff

I hope you're going OK at the moment. I know the people at CLAN think about you often and hope that one day you will get the justice you are entitled to.

You are fighting some very powerful interest groups, but one day you will be vindicated.
Posted by Spikey, Saturday, 13 December 2008 6:00:57 PM
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This seems to have gone quiet, so I hope the OP won't mind if I widen the discussion a bit.

One of the things that has to be proved when prosecuting an offence of possession/dissemination of child pornography, or child abuse material, is that the depicting of the child is done in such a way as to offend a reasonable person.

I don't know how one is meant to tell whether the material one possesses or disseminates would offend a reasonable person. There is no research that I'm aware of that gives any indication of the views of a reasonable person. This also seems to mean that courts themselves have a problem, because they can't tell either. They must be relying on their own perceptions of community attitudes, which must inevitably by coloured by sensationalist media commentary.

In the case of the Simpsons cartoons, the issue of whether they would actually offend a reasonable person isn't mentioned in the appeal judgement, and there's no information about how the local court reached its conclusion. Maybe I'm unusually insensitive to such things, but I think my response to cartoon images of children engaged in sex would be one of complete indifference. They're cartoons. Big deal.

It all seems a very unsatisfactory state of affairs.

Sylvia.
Posted by Sylvia Else, Sunday, 14 December 2008 3:09:37 PM
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Dear Robert....

I'm sure it would bring delight to some minds and hearts if I were to set myself up as some kind of 'big stick' against my fellow believers eh?

No such luck. They can look after themselves I'm sure.

I've seen the approach of Gibo and Runner melt stony hearts and trasnform people.... because irrespective of your annoyance at how they (and I)speak at times... God uses all of us in His own way.

As for you, I heartily recommend a considered and reflective reading of Romans 9:14-18.... and you might also think about your own position with those verses in mind.

Then... maybe this:

1 How great is the love the Father has lavished on us, that we should be called children of God! And that is what we are! The reason the world does not know us is that it did not know him. 2Dear friends, now we are children of God, and what we will be has not yet been made known. But we know that when he appears,we shall be like him, for we shall see him as he is. (1 John 3:1-2)
Posted by Polycarp, Monday, 15 December 2008 7:26:08 AM
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