find the latest legal job
Corporate Counsel and Company Secretary
Category: Generalists - In House | Location: Newcastle, Maitland & Hunter NSW
· Highly-respected, innovative and entrepreneurial Not-for-Profit · Competency based Board
View details
Chief Counsel and Company Secretary
Category: Generalists - In House | Location: Newcastle, Maitland & Hunter NSW
· Dynamic, high growth organisation · ASX listed market leader
View details
In-house Projects Lawyer | Renewables / Solar | 2-5 Years PQE
Category: Generalists - In House | Location: All Australia
· Help design the future · NASDAQ Listed
View details
Insurance Lawyer (1-3 PAE)
Category: Insurance and Superannuation Law | Location: Sydney NSW 2000
· Join a dynamic Firm · Excellent career growth opportunity
View details
In-house lawyer 1-4 PAE
Category: Generalists - In House | Location: Adelaide SA 5000
· Leading Brand · Report to a Dynamic Legal Counsel
View details
Art lawyers rest hopes on law changes

Art lawyers rest hopes on law changes

Lawyers representing artists hope that proposed changes to NSW child pornography laws may provide the legal guidance to ensure innocent artistic work is not classified as child pornography. The…

Lawyers representing artists hope that proposed changes to NSW child pornography laws may provide the legal guidance to ensure innocent artistic work is not classified as child pornography.

The potential legislative changes may arise following the release of a report by the Child Pornography Working Party (CPWP) by the NSW Attorney-General over the weekend, and follow last year's debate over artist Bill Henson, who had his gallery raided by police on the grounds that his work depicting children was pornographic.

Robyn Ayres, executive director of the Arts Law Centre of Australia - a community legal centre that offers free advice to artists and arts organisations on legal issues - told Lawyers Weekly today that she hopes a better understanding of the defence of "artistic merit", as well as better training for prosecuting authorities, may prevent artists such as Henson facing allegations of child pornography in the future.

"On the one hand the CPWP recommends that the defence of artistic merit be removed from the NSW Crimes Act," she said. "However, when a court is considering the questions of whether material is child pornography and it is offensive the court must consider the literary, artistic or education merit of the material."

Ayres said a positive spin-off from such changes would be that prosecuting authorities would turn their attention immediately to the question of genuine artistic purpose in a piece of art before charging anyone with a child pornography offence, instead of making the charges and leaving it for the courts to decide.

Like this story? Read more:

QLS condemns actions of disgraced lawyer as ‘stain on the profession’

NSW proposes big justice reforms to target risk of reoffending

The legal budget breakdown 2017

Art lawyers rest hopes on law changes
lawyersweekly logo
Promoted content
Recommended by Spike Native Network
more from lawyers weekly
Unite
Aug 22 2017
Professionals unite in support of marriage equality
The presidents of representative bodies for solicitors, barristers and doctors in NSW have come toge...
Aug 21 2017
Is your firm on the right track for gig economy gains?
Promoted by Crowd & Co. The way we do business, where we work, how we engage with workers, ev...
Scales of Justice, Victorian County Court, retiring judges
Aug 21 2017
Replacements named for retired Vic judges
Two new judicial officers have been appointed in the Victorian County Court, following the retire...
APPOINTMENTS
Allens managing partner Richard Spurio, image courtesy Allens' website
Jun 21 2017
Promo season at Allens
A group of lawyers at Allens have received promotions across its PNG and Australian offices. ...
May 11 2017
Partner exits for in-house role
A Victorian lawyer has left the partnership of a national firm to start a new gig with state governm...
Esteban Gomez
May 11 2017
National firm recruits ‘major asset’
A national law firm has announced it has appointed a new corporate partner who brings over 15 years'...
opinion
Nicole Rich
May 16 2017
Access to justice for young transgender Australians
Reform is looming for the process that young transgender Australians and their families must current...
Geoff Roberson
May 11 2017
The lighter side of the law: when law and comedy collide
On the face of it, there doesn’t seem to be much that is amusing about the law, writes Geoff Rober...
Help
May 10 2017
Advocate’s immunity – without fear or without favour but not both
On 29 March 2017, the High Court handed down its decision in David Kendirjian v Eugene Lepore & ...