NSW to legislate against 'child porn' artists

10 Jan 2010, 12:32 pm   -   Source: Agencies, SBS Staff
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Police seize controversial works by Bill Henson in 2008. (AAP)

Police seize controversial works by Bill Henson in 2008. (AAP)

The hype over artists working with children  is set to continue, with a NSW government working party suggestion that the artistic merit defence be removed from works it deems 'child pornography'.

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An overhaul of NSW child pornography laws will mean painters and photographers will no longer be able to rely on a defence of artistic merit .

Nearly two years after police raided Melbourne artist Bill Henson's contentious exhibition, the NSW government will legislate to force artists to account for their works, The Sunday Telegraph says.

A working party set up by the government in the wake of the 2008 controversy over Henson's child exhibits has recommended the artistic-merit defence be struck out.

The Sunday Telegraph says Attorney-General John Hatzistergos strongly supports the move, and the government is expected to legislate when parliament resumes next month.

Mr Hatzistergos will on Sunday release the recommendations by the NSW Child Pornography Working Party, set up after the Henson furore.

The group, comprising Department of Public Prosecutions, police and Legal Aid representatives, was instructed to draw a clear line between pornography and art.

 Its report, delivered to the Government on Friday, recommends art not be a consideration when reviewing images thought to be pornographic.

Mr Hatzistergos said the proposed laws would cover the production, distribution and possession of child pornography.

"The fact that it is art cannot be used as a defence. The report recommends that once such material has been found to be unlawfully pornographic, whether or not it is intended to be art is irrelevant," he said.

NSW Council for Civil Liberties president Cameron Murphy said that the removal of the defence of artistic merit would infringe on genuine artistic endeavour.

''The problem is getting sensible policy in this area, which is compounded by people becoming emotional to the point of being irrational'', reported the Sydney Morning Herald.

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