Legal Status of Cartoon Pornography Depicting Minors - Australia

Australia

Only real sexualised depictions of children under the age of 18 (or who appear to be under that age) are illegal in Australia, and there is a "zero-tolerance" policy in place. Some states have passed local laws banning variations on fictional sexualised depictions of children under the age of 18:

In December 2008, a man from Sydney was convicted with possessing child pornography after sexually explicit pictures of children characters from The Simpsons were found on his computer. The NSW Supreme Court upheld a Local Court decision that the animated Simpsons characters "depicted", and thus "could be considered", real people; however the conviction does not extend to other Australian states and was based on solely the pornography laws within NSW. Many have mistaken this as a Federal nation-wide ban which does not exist. Controversy arose over the perceived ban on small breasted women in pornography after a South Australian court established that if a consenting adult in pornography were "reasonably" deemed to look under the age of consent, then they could be considered depictions of child pornography. Criteria described stated "small breasts" as one of few examples, leading to the outrage. The classification law is again not Federal or nation-wide and regards only South Australia.

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