[LINK] porn via email illegal?

[Irene Graham]

On Tue, 27 Mar 2001 15:32:44 +1000 (EST) Rick Welykochy
<rick@praxis.com.au> wrote:

>On Tue, 27 Mar 2001, Jason wrote:
>
>> Does anyone have any more info on this? Sound like hot air to me - even 
>> this government wouldn't try passing a law that prohibits sending something 
>> via email that you can send via the post - would they?
>
>I hope other Linkers will dig up definitive references for this.
>AFAIK, email is not covered by the BSA. 
[...]

Best not to forget the Classification (aka censorship) Acts in all the
States and Territories.

Imo, there is no "definitive" answer to such a broad question, because,
first one would need to know, at least, three other things:

a) in what State or Territory did the sending and/or receiving of email
take place?

b) what exactly is "porn" in the particular instance?

c) who received the email, minor or adult?

It *might* be illegal, for example, if:

- the answer to (a) is WA, NT or Vic, and
- the answer to (b) is sexually explicit material that also depicts 
violence or "fetishes" or various other things

or

- the answer to (a) is WA, NT or Vic, and
- the answer to (c) is a minor

or possibly other combinations of events and circumstances.

For example, the Vic Classification Act states:

"(1) A person must not use an on-line information service to publish or
transmit, or make available for transmission, objectionable material.
Penalty: 240 penalty units or imprisonment for 2 years. ..."
http://www.austlii.edu.au/au/legis/vic/consol_act/cfacga1995596/s57.html

That Act does not define "transmit" and does not state that it excludes
email.

One also needs to consider what is, for example, "objectionable material".
See:
http://www.austlii.edu.au/au/legis/vic/consol_act/cfacga1995596/s56.html#objectionable_material

Note that the definition of "film" includes a computer generated image and

' "objectionable film" means a film or an advertisement for a film, not
being an approved advertisement, that-    
(a)  describes, depicts, expresses or otherwise deals with matters of sex,
drug misuse or addiction, crime, cruelty, violence or revolting or
abhorrent phenomena in a manner that is likely to cause offence to a
reasonable adult;...'
http://www.austlii.edu.au/au/legis/vic/consol_act/cfacga1995596/s3.html#objectionable_film

One day a court may give us a definitive answer. Until then, I'd suggest
that any who is told 'it's "against the law" to send porn via email' ask
the claimant to cite the relevant Act and clause number.

Irene