[LINK] Watching this video may be illegal in Queensland

[rene]

On Fri, 12 Dec 2008 10:49:18 +1100, Jan Whitaker wrote:

> At 09:40 AM 12/12/2008, Craig Sanders wrote:
>> if it is true that, as stated by David Vaile in the article,
>> "Publishing capability has been democratised and decentralised, but
>> so has liability and responsibility" then Illingworth would be held
>> accountable to the SAME standard as Movie and TV producers, not to a
>> much harsher standard...an absurdly harsher standard.
>>
>
> This is an example of how selective application can go soooo wrong.
> When the censorship debate was raging in the 90s, this was one of the
> objections to such sweeping laws. I guess we were right. But it's cold
> comfort for this guy.
>
> It's also Queensland. Some people think 'different' up there. [Sorry,
> Irene!]

While the thread subject line says "Watching this video may be illegal in 
Queensland" in fact if something is illegal to watch in Qld because it 
'shows a person under the age of 18 who "is, or appears
to be, a victim of torture, cruelty or physical abuse"' (btw Qld law 
actually says under 16) then it is very probably also illegal to watch it 
under the laws of the following (most of the below 'definitions' were 
enacted in 2004/2005):

Commonwealth concerning use of the Internet: "is, or appears to be, a 
victim of torture, cruelty or physical abuse;" (appears to be under 18)

NSW: "(c) as the victim of torture, cruelty or physical abuse (whether or 
not in a sexual context)." (apparently under 16)

NT: "(c) being subjected to torture, cruelty or abuse," (appears to be 
under 18)

Tas: "(c) as the subject of torture, cruelty or abuse (whether or not in a 
sexual context);" (appears to be under 18)

and possibly WA which does not actually use those words but appears 
possibly broad enough anyway.

Also note that the State/Territory criminal laws presumably apply to 
publication/distribution by means of television broadcasts. It's only the 
Cth law that specifically applies only to use of a carriage service (i.e. 
Internet and other telecommunications).

For fuller definitions see legislation extracts containing definitions and 
links to legislation here:
http://libertus.net/censor/laws/celaws.html

Irene