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Religious Watch


15th May
2008
  

Update: Reasonable Argument...

Appealing that hardcore is no longer offensive to a reasonable adult in Australia

AdultShop.com logoOnline business Adultshop.com has appealed against the failure of its legal bid to reduce the X rating given to an adult film.

In November last year, Justice Peter Jacobson dismissed the online store's application for a judicial review of the Classification Review Board's decision to rank the film Viva Erotica as X18+.

For a film to fall under this classification it must contain real depictions of actual sexual activity ... in a way that is likely to cause offence to a reasonable adult'.

 

21st May
2008
  

Update: Unreasonable Outcome...

Appeal court reckons that reasonable Australians are offended by hardcore

AdultShop.com logoAdultshop.com has lost a legal challenge to Australia's film classification system after arguing that most adults are no longer offended by seeing actual sex in movies.

The Federal Court today dismissed an appeal by Adultshop.com against an X rating given to the adult film Viva Erotica .

Adultshop.com had been fighting a legal battle for the movie to be given an R18+ rating, following a 2006 decision by the Classification Review Board to give Viva Erotica the more restrictive X18+ rating.

The application by Adultshop.com for a review of the board's decision was unsuccessful and in November last year Federal Court Judge Peter Jacobson upheld the board's ruling.

Today the full bench of the Federal Court dismissed Adultshop.com's appeal against Justice Jacobson's judgment.

In its appeals, Adultshop.com argued the guidelines for the classifications of films were invalid because they failed to properly consider whether most adults would be offended by Viva Erotica

Adultshop.com argued that community standards have changed and that most reasonable adults would not be offended by the depictions of actual sex in Viva Erotica , which had led to its X-rating, rather than simulated sex.

But the court today ruled there were no inconsistencies in the guidelines and they were still broadly representative of current community standards.

Adultshop.com's managing director Malcolm Day said the Office of Film and Literature Classification should commission new research into community views and update the guidelines. He said governments were imposing their own "puritan' views on all Australians: The guidelines are simply a reflection of the conservative, subjective views of the (state and federal) attorney generals .

Adultshop.com is considering an appeal to the High Court.

 

23rd September
2010
  

Offsite: A Fetish for Non Violent Erotica...

Australian Sex Party sets out their classification policies

Australian Sex PartyThe Australian Sex Party have outlined their key polices re state media censorship:

Key Policies:

* To establish a national classification scheme that includes uniform ratings for explicit adult material across all jurisdictions and through all media (including computer games, magazines and films)

*To legalise the sale of and making of X rated films nationally

* To move away from privileging narrow moulds of sexual taste, acts and cultures to expressly include depictions of fetish (currently excluded from Australia's X rating) in a new rating category called Non Violent Erotica

* To actively promote the responsible enjoyment of erotica, endorsing positive messages about consensual and safe sexual activity, and condemning non-consensual sexual activity and sexual violence

*To develop a best practice model with recommendations for the ethical production of pornography that is rewarding and positive for the contributor

*To provide training for all appointees of the Classification Board and Classification Review Board in the latest developments around sexuality to bring them up to date with a pluralistic range of adult sexualities, subcultures, behaviours and body types

* To introduce R, X and NVE ratings for computer games

...Read the full article

 

27th June
2015

 Update: Moving to make X prohibition an ex prohibition...

The first parliamentary motion to legalise hardcore porn has been tabled in the Australian state of Victoria
Australian Sex Party The first motion to legalise X rated films in an Australian state was tabled in the Victorian Parliament this morning by Fiona Patten of the Australian Sex Party. The motion reads:

That this House

(1) acknowledge that the National Classification Code defines X 18+ as a legal classification of film that contains real depictions of actual sexual activity between consenting adults in which there is no sexual violence or otherwise;

(2) acknowledge that, in Victoria, the sale and exhibition of X 18+ films is prohibited, but the ownership and purchase of such films is legal;

(3) note that this structure is not only illogical, but has enabled the availability of pirated and refused classification films that may feature sexual violence;

(4) change the Classification (Publications, Films and Computer Games) Act 1995 to allow the sale and exhibition of X 18+ films, and bring the Act into line with the Federal Classification (Publications, Films and Computer Games) Act 1995, and the Australian Law Reform Commission's 2012 recommendations;

(5) note that this change will allow for tighter regulations of X 18+ films in Victoria, so that adult material is sold only to adults from age restricted areas, ensuring that sexually violent material is not available, and helping to combat piracy.

 

25th April
2016

  Adult Trade Deficit...

Australian adult trade association explains to the Senate how crap their porn censorship laws are
X18+ symbol Representatives of the Eros Association, an Australian adult trade group, told a Senate committee looking into the so-called nanny state , its members were suffering because of restrictions on what they could sell.

While they couldn't sell films depicting certain consensual sex acts, people could still stream them online. Eros business manager Joel Murray told a hearing:

They simply download it or order it from overseas. That's money that doesn't enter the Australian economy. So from an economic perspective it doesn't make sense.

He also criticised the limited list of acceptable practices and fetishes, with many of those not included discriminating against the gay, lesbian, bisexual and transgender community.

The restrictions of businesses selling adult entertainment are so severe that they are proving unviable. There were only two businesses in the ACT (Canberra) that had X18+ licences and they soon would give them up, he warned. The X18+ licence fee in the ACT ranges from $15,000 to $31,000, with having single films classified costing more than $1000.

The association also raised concerns about state laws that ban the sales of porn in all the major states. Adults can buy and possess X18+ films (with the exception of Western Australia), but only adult stores in the ACT and Northern Territories can sell them.