VIC Is It Illegal to own Racist/Discriminating/Extreme forms of digital music?

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Brayden189

Member
27 April 2023
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I do not admit to owning any illegal music material, if it is illegal or not.

In Victoria, is there any law stating it is illegal to own forms of music which advocate Nazism, Socialism, Racism, Homophobia or any other form of discrimination, as well as Nazi imagery etc., supplying the media is for personal use & it is not being played in public, being shared online, etc.

If it is illegal, what kind of charges might one face?

Thank you
 

Tim W

Lawyer
LawConnect (LawTap) Verified
28 April 2014
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In Victoria, is there any law stating it is illegal to own forms of music which advocate Nazism, Socialism, Racism, Homophobia or any other form of discrimination, as well as Nazi imagery etc., supplying the media is for personal use & it is not being played in public, being shared online, etc.
  1. I can see pretty much any court interpreting the term "publication" in the Victorian act
    to take in every conceivable form of electronic distribution.

  2. I do not see any court upholding a section 11 defence
    if doing so has the operative effect of enabling the likes of you; and/or
    has the operative effect of enabling conduct or actions that are prohibited or regulated by other legislation.

  3. There is no concept of "personal use" of the kind you might have heard about.

  4. I do not see any court upholding any kind of free speech or artistic freedom defence
    of the kind you might have heard about
 
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