NSW Underage Nudity Illegal?

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Adam1user

Well-Known Member
5 January 2018
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I was wondering whether or not a site containing nudists and underaged nudists are illegal.

I am not sure but from common sense, if the picture are of general nature, what I mean is that the person took the picture view from a point and in the picture there were nude people (so the objective was not take a picture directly of the nude people) then I don't think this will result in anything, but if you stating that the pictures are of poses of young nude ladies, then I guess there is a legal aspect to it.
This is my opinion only and I am not a lawyer.
 

Scruff

Well-Known Member
25 July 2018
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NSW
I think this is a really interesting question, because it raises an issue of "statute law" vesus "public accepteance".

From the statute law veiwpoint, a person can take photos in a public place unless there are restrictions that prevent them from doing so. So if we are talking about a nudist beach for example, unless there is a sign saying no photography, anyone can basically come along and take photos.

When it comes to public acceptance however, I think most people would frown upon it because of the circumstances. In other words, if there are minors involved, most people would say that taking photos would be inappropriate behavior regardless of what the law says.

As for web sites, I think you could get into a lot of trouble if you publish photos of nude minors anywhere. The laws are always getting tougher in this area, as is the way such things are investigated and handled by authorities. Pretty much anything involving minors could be considered "child pornography" these days - even movies that were perfectly legal when they were released, but are now illegal because they have been reclassified. There are plenty of movies from the 1970's era in particular, that are now banned in Australia because of reclassification.
 

Tim W

Lawyer
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28 April 2014
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I was wondering whether or not a site containing nudists and underaged nudists are illegal.
Almost certainly.
At law, where minors are concerned, there is no distinction between
bona fide nudism, bona fide art, and kiddy porn.
 

Tim W

Lawyer
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28 April 2014
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From the statute law veiwpoint, a person can take photos in a public place unless there are restrictions that prevent them from doing so. So if we are talking about a nudist beach for example, unless there is a sign saying no photography, anyone can basically come along and take photos.
...except where the the actual acts involved in doing so amount to an offence such as offensive behaviour, lewd conduct, produce, posess, or distribute child pornography, or (if you upload it, or even sync it to your own account), an assortment of telecommunications offences.
 

Scruff

Well-Known Member
25 July 2018
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...except where the the actual acts involved in doing so amount to an offence such as offensive behaviour, lewd conduct, produce, poses, or distribute child pornography, or (if you upload it, or even sync it to your own account), an assortment of telecommunications offences.
...which would all be "restrictions".

Sorry @Tim W - I couldn't resist. :D
 

Tim W

Lawyer
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...which would all be "restrictions".
Exactly so.
The thing for people to bear in mind is that not every "restriction" comes with a big yellow sign.
 
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