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VIC Legal under Australian Law to Make Pornography?

Discussion in 'Other/General Law Forum' started by aushelp30, 23 October 2015.

  1. aushelp30

    aushelp30 Member

    23 October 2015
    Likes Received:
    I'm seeking clarification about making pornography in Victoria, Australia.

    (To be crystal clear I'm talking about taking pictures/films of consenting adults, paid for their services, for display to other consenting adults who have sought the material. Reasonably 'main stream' or 'vanilla' sex acts between adults, nothing violent and no inappropriate participants (I won't spell that out, I'm sure you get it))

    On other subjects the law (e.g. driving, alcohol, firearms, retail etc.) is much more clear, there is usually readily available information with "you may do this..." or "you may not..." When it comes to pornography there is very little and at best vague information. Most of what I have been able to find is comments from politicians, or events like sexpo etc. But nothing as concrete as "the XXX Act of 1998 states...."

    As best I can decipher it is illegal to record film, but not still photographs.

    Distribution is unclear, if it is published in Australia (ie. on an Australian web host targeted at Australia audience e.g. through a domain) that would be illegal?

    But what if it is stored on an american web host targeted at an international audience (e.g. through a generic .com domain) that would be legal?

    In a nutshell I suppose I'm asking... can someone in Victoria take photos of consenting adults, paid for their time to perform 'vanilla' sexual acts, be published for an overseas audience under Australian Law?
  2. Therese

    Therese Well-Known Member

    11 October 2015
    Likes Received:
    Hi Aushelp,

    From my understanding pictures that you are referring to could be available on Australian domains if they meet certain requirements such as having an age restriction when accessing them. Schedule 5 of the Broadcasting Services Act 1992 tries to balance the freedom of adults and the protection of children. I would suggest trying to find the exact requirements to use a Australian Domain.

    In regards to using other domains, if the content breaches Australian standards as it is hosted in Australia the Australian Communications and Media Authority may still ask the host to remove the images.

    I imagine each country has their own legislation and requirements which I am unsure of.

    I would suggest further researching the Australian Communications and Media Authority to see if they may be able to specify the exact requirements or if there is another body that could do so.
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