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QLD Australian Law Regarding Images of Nudism?

Discussion in 'Other/General Law Forum' started by Chris94, 1 December 2015.

  1. Chris94

    Chris94 Member

    1 December 2015
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    As someone who agrees with the tenants of the naturist / nudist lifestyle, I had a legal query regarding images of nudist camps / events, etc.

    Many nudist publications (which are predominantly US based) include images throughout them of nudist events, these also include pictures of families / children, etc. As nudists believe in the right to nudity and oppose enforced dress codes, etc., these pictures are common in most publications. These are obviously NOT sexual pictures in any way, they are simply pictures of humans wearing what they came into this world with - their bodies.

    However, I was wondering what the legality of this is over in Australia under Australian Law? Especially in regards to children / teens. The publications always site US law, for example, see the below legal statement from a popular US nudist association, however, is this relevant to Australia?

    Nothing on this website is illegal, obscene or inappropriate. Naturists of all ages have the right to enjoy the freedom of going bare without the restriction of clothing or the negative scrutiny of their society....

    The naturist photo and video documentaries that we offer are legal in every city, every state and every county inside the United States. They are protected by the First Amendment and are not subject to local obscenity laws or ordinances. The depiction of adults and children nude in the visual media has enjoyed constitutional protection in the United States since 1958 when the Supreme Court vacated a Court of Appeals finding that Sunshine& Health magazine could be obscene (Sunshine Book Co. v. Summerfield, Postmaster General, 355 U.S. 372). The right to depict adults and children in innocent nude poses has been upheld without a pause for 41 years. In case after case, the Supreme Court and lower courts have always upheld the constitutionality of "nudity without more," specifically referring to the nudist depiction as a fully constitutional form of expression."

    Any help would be appreciated.
  2. Louise4007

    Louise4007 Well-Known Member

    8 November 2015
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    Hi Chris

    Nakedness becomes an offence under Australian law if body exposure is publicly indecent & it offends the conservative/moral standards of a community. It depends largely on the context that a person's body might be photographed naked or exposed; for instance medical images of a persons' private bits would not be considered publicly indecent if the images were taken for a strictly medical purpose.

    QLD legislation provides for indecent act offences in the Criminal Code s 227; the act must wilfully intend to offend without lawful excuse & s 217 provides for the offence of carnal knowledge; procurement of a young person.

    Not sure if nudist/naturist beaches or clubs exist in QLD but that is where nudity/nakedness of people would be permitted; photos/images/publication would be permissable only with a person's consent for purposes related to nudity/ naturism rather than sexual.
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    Chris94 likes this.

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