Won’t somebody please think of the artists?
Mr Hatzistergos will today release the recommendations by the NSW Child Pornography Working Party, set up after the Henson scandal.
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.
I have been following this for the last week. there is a lot of information out there and I have not nearly digested it all yet. there are serious, far reaching implications for artists in NSW and in the rest of Australia. this extends not only to visual artists but to authors, directors, anyone. and the terms are broad enough that they could be inferred to apply to anyone or any work involving children. The working party will be judge and jury in this case.
The working party, headed by District Court judge Peter Berman, also examined the use of photographs depicting nudity in a news context.
Mr Hatzistergos said the new laws would ensure the rights of photographers to publish pictures – such as the iconic Vietnam war photograph of a nine-year-old girl running naked on a street after being burned by napalm – would not be infringed.
They openly acknowledge that this piece, although it contains a nude child, is not sexualized or pornographic. however, will the same generous liberties be extended to artists creating works now? the knee jerk reactions so far seem to indicate that all nude children are porn until proved otherwise. I have been reading the new proposed legislation in depth and the powers granted to the “working party” are enormous. I will provide my analysis as soon as possible, I think there are ways for legitimate artists to avoid self-censoring too much. but the fact that we may have to at all is a crying shame
Tunick’s nude opera house installation
Spencer Tunick, an artist renowned for photographing large groups of naked people in public, has picked the iconic landmark as the backdrop to his latest project.
On March 1st, hundreds of people will strip off and take their places on the steps of the Opera House for the art work, which has been commissioned by the Sydney Gay & Lesbian Mardi Gras as part of its 2010 celebrations.
Titled “The Base”, participants will be asked to strike a selection of poses to make several different installations.
Tunick told the Sydney Morning Herald that he is excited that permission for his latest work has been granted.
“I like to work with the body in a non-sexual way in public space. I think it breaks down a lot of barriers in society and for myself as well,” he added.
As usual I can’t make it to this spencer tunick installation either, which is a huge shame as I support Tunick’s work and the thoughts behind this installation – at 12 days from B-day I will be way too gravid to make the trip- let alone strike poses!. however, if you would like to sign up and be a part of it go here – http://www.mardigras.org.au/tunick/
Tunick says he has been a lifelong advocate of gay rights. “We’re going through a lot of issues right now in the United States with gay marriage, rights for partners and gays in the military,” he says.
“And I feel that if I can do something that combines the gay community and the straight community in an artwork that’s about the human form, about breaking it down to the equality of flesh to flesh, it will have a profound impact on the participants and, possibly, the viewer.”
Though it is frequently misunderstood, Tunick’s art is hardly a concession to the raincoat brigade. Nudes are his medium, the way some artists use pebbles, glass, clay or stone.
I hope that the current censorship issues in NSW do not get in Tunick’s way with this installation!

















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