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New York, 11:07 PM
Tue Dec 1
22 posts in the last 24 hours
"The story goes that making "obscene" films is illegal in the state G Media is located in. Owning them or viewing them isn't, just making them.. meaning it would be a very flimsy case."
Doubly so when you add the fact that prostitution and brothels are legal in Victoria. So here you have a situation where its legal to buy and sell sex, to profit from it in at least some circumstances, and legal to possess and view porn. But actually have somebody fuck on camera and sell the product and you're breaking the law. I think if somebody was more inclined to fight this through the legal system, they could easily get that law overturned on the basis that all other the elements of porn are entirely legal.
The story goes that making "obscene" films is illegal in the state G Media is located in. Owning them or viewing them isn't, just making them.. meaning it would be a very flimsy case.
Of course, there's plenty of other skeletons in the AW cupboard, but most of them don't involve technically illegal material.
No idea, but to go before a judge to get a warrant you have to have some kind of indication or allegation of criminal activity. This can be material evidence or sworn testimony or an anonymous tip.
Now if it's an anonymous tip then a judge signing off on a warrant usually depends on the nature of the allegation (and the social climate where the judge is working). A judge is unlikely to sign off on a warrant if some tipster calls in and says you're smoking pot in your home, but if they say you're doing CP then due the the nature of the complaint they are more likely to issue the warrant; particularly if you're in the adult entertainment biz because it's an easy way to appease your conservative constituents, plus nobody wants to be the judge who fails to respond to such an allegation.
Further legal clarification: It is legal to watch, own and buy porn in Australia but if you want to buy DVDs you need to buy them from the 2 territories because selling X rated movies is illegal in the states. Legal to buy, not legal to sell. This is a law from 1984 (the year, not the Orwellian book. Although it might as well be).
Each state has "classification" i.e. censorship laws regarding the sale of adult material. Hidden in those laws is a rule stating you cannot create an "objectionable film."
Everyone's been either not known about or been ignoring this until now. The police would probably have done nothing except that the paper went on a witch hunt. A while ago it printed a nasty attack on AW.
There is no constitutional guarantee of free speech in Australia.
Watching or owning porn is not illegal in Australia, is is illegal to sell X rated material in all but two territories. That said, it is sold just about everywhere.
The AW thing is about a couple of disgruntled employees and a newspaper "crusader".
Gee, the world is plagued by terrorism, regimes who beat down their citizenry, famine, pestilence, dishonesty, inhumanity, and war: What can we do to stop all this?
@Nintenboy01: "Detectives raided five premises as part of Operation Refuge, seizing computers containing footage of women allegedly performing explicit sex acts, which are illegal to produce in Victoria."
My impression is that simply making porn in Australia is illegal--though there are secondary concerns that some of the models may have been underage.
For a while now it has been illegal to produce or watch porn in Australia. For most of that time though the law wasn't enforced, all though now it seems that they are enforcing those laws.
@BradleyEurylochus: Thanks for the clarification. I'm kinda surprised to hear that, given that Abby Winters isn't the only Aussie porn company (that, and they weren't exactly secret about what they were doing).
@Lux Alptraum: I'd be curious as to what other companies are based in Australia and what their revenues are. It seems that AW is a company that's well-known globally, and they have healthy revenues. Big revenue equals big scrutiny, and AW is clearly being made an example of...
"the police e-crime squad began sifting through mountains of electronic material seized during the raids" Jesus, if they wanted to look at Abby Winters porn so much, they should have just bought a membership like everyone else.
07/06/09
07/02/09
06/19/09
Pro-Porn Activism: AbbyWinters Raided!
06/19/09
Doubly so when you add the fact that prostitution and brothels are legal in Victoria. So here you have a situation where its legal to buy and sell sex, to profit from it in at least some circumstances, and legal to possess and view porn. But actually have somebody fuck on camera and sell the product and you're breaking the law. I think if somebody was more inclined to fight this through the legal system, they could easily get that law overturned on the basis that all other the elements of porn are entirely legal.
06/19/09
Of course, there's plenty of other skeletons in the AW cupboard, but most of them don't involve technically illegal material.
06/18/09
06/17/09
Now if it's an anonymous tip then a judge signing off on a warrant usually depends on the nature of the allegation (and the social climate where the judge is working). A judge is unlikely to sign off on a warrant if some tipster calls in and says you're smoking pot in your home, but if they say you're doing CP then due the the nature of the complaint they are more likely to issue the warrant; particularly if you're in the adult entertainment biz because it's an easy way to appease your conservative constituents, plus nobody wants to be the judge who fails to respond to such an allegation.
06/17/09
06/18/09
06/17/09
06/17/09
Each state has "classification" i.e. censorship laws regarding the sale of adult material. Hidden in those laws is a rule stating you cannot create an "objectionable film."
Everyone's been either not known about or been ignoring this until now. The police would probably have done nothing except that the paper went on a witch hunt. A while ago it printed a nasty attack on AW.
There is no constitutional guarantee of free speech in Australia.
06/16/09
The AW thing is about a couple of disgruntled employees and a newspaper "crusader".
06/16/09
I know...Let's bust people for having sex!
Why, it's....it's BRILLIANT!!!
06/16/09
06/16/09
06/16/09
My impression is that simply making porn in Australia is illegal--though there are secondary concerns that some of the models may have been underage.
06/16/09
06/16/09
06/16/09
06/16/09
06/16/09
06/16/09
"We're very satisfied with the content we've secured."
Yeah, I'll bet you are. ;-)