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Bob Bain

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Simpsons cartoons as child pornography ? [Dec. 16th, 2008|05:01 pm]
Bob Bain
[Current Mood |curiouscurious]

Reference was made in my LiveJournal entry yesterday by a number of speakers including Fiona Patten and Danny Yee in respect of the issue being reported regarding a Simpson's cartoon being designated child pornography because it was found on a computer.

Here's an article on the issue: Fake Simpsons cartoon is child porn, judge rules (ABC News)

Posted December 8, 2008 23:44:00
Updated December 8, 2008 23:54:00

In February at Sydney's Parramatta Local Court, Alan John McEwan was convicted of possessing child pornography and using his computer to access such material.

He was fined $3,000 and required to enter a two-year good behaviour bond in relation to each offence.

McEwan appealed against the conviction, but it was dismissed in the NSW Supreme Court, with Justice Michael Adams concluding a fictional cartoon character is a "person" within the meaning of Commonwealth and NSW laws.

Parramatta Local Court is listed here as being located at 6 George Street Parramatta

I pointed out in Sweeny's pub that is my understanding from asking questions in the Local Court System (when pressed to do so) whether transcripts of public hearings are available.

My understanding is that they are held in computer format for approximately 3 years and are presumably subject to public requests for information relating to such transcripts.

It would be interesting reading the legal transcripts from this case as I feel there MUST be more to the issue than is being reported. This is important if such material is to be blocked as inappropriate and illegal under Senator Conroy's mandarory filtering plan given that any person downloading and storing such an image onto a computer hard disk following a google search could be subject to prosecution with the possibility (probability) of criminal charges being laid against them at the whim of the local constabulary in New South Wales.

Link to court transcripts NSW procedures rights and costs

bookmarked for further inquiry as I visit Parramatta regularly