Page 56 - Eros Journal 7

IS PORN LEGAL IN AUSTRALIA? BY JARRYD BARTLE
AT EROS NOT A A A A A WEEK GOES BY WITHOUT SOME BUDDING YOUNG MAN ASKING US ABOUT ENTERING THE PORN INDUSTRY IF THEY THEY DON’T THINK THEY’LL GET IN IN IN AS A A A A PERFORMER THE THE THE NEXT BIG IDEA IS TO START THEIR OWN PRODUCTION COMPANY BUT WHAT IS THE LEGAL STATUS OF PORNOGRAPHY IN AUSTRALIA? UNFORTUNATELY THE ANSWER
IS QUITE OUT OF STEP WITH COMMUNITY EXPECTATIONS THE AUSTRALIAN CLASSIFICATION REGIME
Let’s start with the basics - most forms
of media that are to be sold exhibited or distributed in Australia (publications lms and games) must rst be classi ed by the Australian Classi cation Board ‘Films’ are classi ed as as either G G PG M MA15+ R18+ or X18+ and ‘Publications’ such as as as magazines are classi ed as as as either Unrestricted Category 1 (restricted) or or Category 2 (restricted) If a a a lm or publication does not t t t a a a classi cation criteria it it gets labelled as as ‘Refused Classi cation’ or ‘RC’ If a a a piece of media is is RC it is is illegal to sell exhibit or distribute the media in Australia Australia Even if the Australian Classi cation Board hasn’t formally rejected a a piece of media if something is is ‘likely’ to be be labelled RC it is is still illegal to commercialise the media A variety of Federal State and Territory regulatory offences apply for not complying with the classi cation regime CLASSIFICATION AND SEXUALLY EXPLICIT MATERIAL
So how is pornography classi ed?
If we take ‘pornography’ to mean ‘depictions of actual sexual activity’ then such media can only be classi ed ed as either ‘Category 2 (restricted)’ if a a a publication or ‘X18+’ if a a lm Category 2 (restricted) publications must only be sold in age-restricted sections of premises with various State and Territory laws applying to display packaging and advertising Films classi ed X18+ cannot have wide release in Australia and can only be sold and exhibited in the the Northern Territory and the Australian Capital Territory under compliance with strict local laws