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Dana ([info]dana) wrote in [info]otf_wank,
@ 2006-04-08 20:58:00


Previous Entry  Add to memories!  Tell a Friend!  Next Entry
those internet police could be out to get you.
I wasn't sure whether I should put this on F_W or not, but decided, probably not.

I got the link from metaquotes in LJ.

You know, when you get people who say 'OMG, you shouldn't write rapefic/BDSM/RPS/chan/insert kink of choice' because it will encourage others in real life to commit murder and mayhem and the whole world will end. Oh noooessss. Panic.

And then you laugh (or I laugh) and go...oookay, it's fiction, words on paper, or you know, pixels...or something.


Now we have a court Magistrate in Australia, saying pretty much the same thing.

A man gets prison time for having underage fiction on his computer. No images, just text.

The magistrate:
"It should be obvious to any person that material like this is legally and morally wrong and taboo in the Northern Territory and Australia generally," the magistrate said.

Mr Trigg said the danger of the stories was they "create the perception that this might be acceptable."

"There is also the potential that the written word may encourage someone to act out what they've read," he said.


Umm well. Whatever your opinion, this should set an interesting precedent. I will never read HP fiction again.


(Post a new comment)


[info]lizzypaul
2006-04-08 08:08 pm UTC (link)
Ah, so the HP freakage last year wasn't paranoid.

Also, are we removing all copies of Lolita, The Vampire Armand, and basically anything V.C. Andrews from libraries now? (I'm sure there are more, but those are the few I can think of off the top of my head. Also, I read all three in Jr. High.)

(Reply to this)(Thread)


[info]dana
2006-04-08 08:10 pm UTC (link)
Well, I don't see how this case is any different then the average female fan in Australia having fanfiction on their hard drive where Snape gets it on with a 15 year old Harry Potter. According to this Magistrate it's grounds for conviction.

(Reply to this)(Parent)


[info]dana
2006-04-08 08:14 pm UTC (link)
But as someone else pointed out, murder is illegal. All those crime novels should be removed, it might encourage someone to commit murder.

How bout all those violent films...

(Reply to this)(Parent)(Thread)

(no subject) - [info]greenglass, 2006-04-08 08:17 pm UTC
(no subject) - [info]dana, 2006-04-08 08:27 pm UTC
(no subject) - [info]rogue, 2006-04-08 08:51 pm UTC
(no subject) - [info]dana, 2006-04-08 08:54 pm UTC
(no subject) - [info]princessdot, 2006-04-10 10:05 am UTC
(no subject) - [info]pantyless_angel, 2006-04-09 02:33 am UTC

[info]april_hurst
2006-04-08 09:07 pm UTC (link)
And the Bible.

(Reply to this)(Parent)


[info]firebird5
2006-04-09 01:40 am UTC (link)
Romeo and Juliet, anything from Anne Rice, several books by Gabriel Garcia Marquez...

(Reply to this)(Parent)


[info]kalika_maxwell
2006-04-08 08:24 pm UTC (link)
I can't wait for the day they find out about fangirls and try to accuse one for either her doujins (like the case in Canada a while ago) or for her fics (like this case). I'll just be twice as interesting if they're going after a mother. I'm aware of at least one mother of young children who writes shota in my fandom.

By 'can't wait' I mean 'I'd rather wait a very long time, but I'm morbidly curious all the same'.

(Reply to this)(Thread)


[info]dana
2006-04-08 08:32 pm UTC (link)
Well. I think, if a fangirl gets caught in Australia the only way they could is if another person in the fandom dobs them in to the authorities.

I don't think the police have loads of manpower to sift through 50,000 fanfiction stories online, especially considering how convoluted it's archived and moved about.

And by putting this in words, I don't know if I'm giving people ideas, but I'm certain people think of this, if they haven't already...it's a way of getting revenge on those whose stories you think are squicky and wrong.

And you know, that would be so petty, fucked up and wrong, but...yeah.

(Reply to this)(Parent)(Thread)

(no subject) - [info]april_hurst, 2006-04-08 09:07 pm UTC
(no subject) - [info]pyratejenni, 2006-04-08 10:36 pm UTC

[info]mathilde
2006-04-08 08:26 pm UTC (link)
Wow. That seems like really poor legal reasoning.

(Reply to this)(Thread)


jenova
2006-04-08 08:28 pm UTC (link)
Right up there with arresting people for being drunk in bars because they might drive.

(Reply to this)(Parent)(Thread)

(no subject) - [info]wankprophet, 2006-04-08 08:46 pm UTC
(no subject) - jenova, 2006-04-08 08:48 pm UTC
(no subject) - [info]wankprophet, 2006-04-08 08:51 pm UTC
(no subject) - [info]dana, 2006-04-08 08:48 pm UTC
(no subject) - [info]wankprophet, 2006-04-08 08:56 pm UTC
(no subject) - [info]dana, 2006-04-08 08:57 pm UTC
(no subject) - [info]wankprophet, 2006-04-08 08:59 pm UTC
(no subject) - [info]dana, 2006-04-08 09:00 pm UTC
(no subject) - [info]wankprophet, 2006-04-08 09:09 pm UTC
(no subject) - [info]dana, 2006-04-08 09:14 pm UTC
(no subject) - [info]mookie, 2006-04-08 11:05 pm UTC
(no subject) - [info]april_hurst, 2006-04-08 09:11 pm UTC
(no subject) - [info]lizzypaul, 2006-04-08 08:55 pm UTC
(no subject) - [info]dana, 2006-04-08 09:00 pm UTC
(no subject) - [info]wankprophet, 2006-04-08 09:09 pm UTC
(no subject) - [info]sithwitch13, 2006-04-08 10:05 pm UTC
(no subject) - [info]puipui, 2006-04-09 01:34 am UTC
(no subject) - [info]frequentmouse, 2006-04-09 12:24 am UTC
(no subject) - [info]kijikun, 2006-04-09 02:04 am UTC
(no subject) - [info]felinephoenix, 2006-04-09 03:23 am UTC
(no subject) - [info]dana, 2006-04-08 08:47 pm UTC
(no subject) - [info]symbeline, 2006-04-08 11:29 pm UTC
(no subject) - [info]lindentreeisle, 2006-04-09 04:17 pm UTC

[info]dana
2006-04-08 08:34 pm UTC (link)
But it's not just, the prison time and fine, which would suck. But the reputation that would give you? Would this mean you're put on the sex crimes database?

This could really screw your life up. And I can't believe this case even went to court.

Of course, I'm not an expert on Law. Perhaps there is something I'm missing here.

(Reply to this)(Parent)(Thread)

(no subject) - [info]pyratejenni, 2006-04-08 10:38 pm UTC
(no subject) - [info]freezer, 2006-04-09 06:20 pm UTC

[info]tofuknight
2006-04-08 08:31 pm UTC (link)
It makes me want to go write some underage fiction, ya know? I agree, that's some sketchy legal logic.

(Reply to this)


[info]breecita
2006-04-08 08:44 pm UTC (link)
Does that mean all the crazy HP shippers are lawbreaking perverts? ZOMG! I suppose it's not delusional paranoia if the government really is out to get arrest you.

(Reply to this)


[info]ladybirdsleeps
2006-04-08 09:22 pm UTC (link)
I used to think that Australia was awesome. Kangaroos! Big ass rocks! Crocodile Dundee! Now I'm just glad I don't live there. It sounds worse than Missouri.

(Reply to this)(Thread)


[info]dana
2006-04-08 09:27 pm UTC (link)
No, all the cool cred moved to NZ...when they started filming Lord of the Rings...and yeah, refusing to participate in the Iraq war.

It's just part of the balance of the world, not everyone can be cool. Hopefully next decade it will our turn.

(Reply to this)(Parent)(Thread)

(no subject) - flightstothesea, 2006-04-08 09:32 pm UTC
(no subject) - [info]dana, 2006-04-08 09:34 pm UTC
(no subject) - flightstothesea, 2006-04-08 09:35 pm UTC
(no subject) - [info]dana, 2006-04-08 09:37 pm UTC
(no subject) - flightstothesea, 2006-04-08 09:40 pm UTC
(no subject) - [info]dana, 2006-04-08 09:45 pm UTC
(no subject) - flightstothesea, 2006-04-08 09:47 pm UTC
(no subject) - [info]dana, 2006-04-08 09:48 pm UTC
(no subject) - [info]firebird5, 2006-04-09 01:53 am UTC

iwanttobeasleep
2006-04-08 09:51 pm UTC (link)
Do you think if it was heterosexual stories involving minors this would have been a problem? [/paranoid homosexuality]

(Reply to this)(Thread)


[info]dana
2006-04-08 09:52 pm UTC (link)
Well...Lolita.

(Reply to this)(Parent)(Thread)

(no subject) - iwanttobeasleep, 2006-04-08 09:54 pm UTC
(no subject) - [info]dana, 2006-04-08 09:55 pm UTC

[info]doyle
2006-04-08 11:30 pm UTC (link)
And to split hairs even finer: a story about, say, a 14-year-old girl losing her virginity to a 30-year-old man vs one with the same ages but reversed genders - would the first be more unacceptable?

I'm wondering now about UK TV shows like Shameless and Queer As Folk which have boys under 16 having sex with men in their late 20s: could someone theoretically be arrested for reading fanfic about something that's onscreen?

(Reply to this)(Parent)(Thread)

(no subject) - iwanttobeasleep, 2006-04-09 12:07 am UTC
(no subject) - [info]doyle, 2006-04-09 12:08 am UTC
(no subject) - [info]tofuknight, 2006-04-09 12:09 am UTC
(no subject) - iwanttobeasleep, 2006-04-09 12:12 am UTC
(no subject) - [info]doyle, 2006-04-09 12:14 am UTC
(no subject) - [info]april_hurst, 2006-04-09 12:58 am UTC
(no subject) - [info]puipui, 2006-04-09 01:42 am UTC

catatonia
2006-04-09 04:30 am UTC (link)
Yes, it's still a problem. It doesn't matter what the gender of the participants were, if they're fictional or real, if they're with someone of their own age or not. If the character in your story is under 18 and happens to be having sex with another under-18 year old, then you can be charged.

(Reply to this)(Parent)(Thread)

(no subject) - iwanttobeasleep, 2006-04-09 04:48 am UTC
(no subject) - catatonia, 2006-04-09 04:54 am UTC
(no subject) - iwanttobeasleep, 2006-04-09 04:55 am UTC
(no subject) - catatonia, 2006-04-09 05:01 am UTC

[info]pyratejenni
2006-04-08 10:34 pm UTC (link)
This shouldn't surprise anyone who remembers the uproar over Skyehawke changing its ToS. Even after the admins finally explained about the new laws in Australia, there were still people going, "Well, you should just ignore it!"

Idiots.

(Reply to this)


[info]notjo
2006-04-08 11:18 pm UTC (link)
There was a case in Canada like this that went all the way to the Supreme Court. Basically, the man was caught with many pornographic pictures of underaged boys and several stories about men and boys.

It was ruled that the pictures were, in fact, obscene, but the stories weren't. Because if we make reading or writing about something illegal, that's... well, that's a door that Canada's Supreme Court doesn't want to open.

There was a huge outcry and demands that the government overrule the Courts on this (which they can do in Canada), but the government refused, and good on them. I would hate to get rid of my books that have murder, rape, stealing, piracy, and whatever else illegal in them.

...

(Reply to this)(Thread)


iwanttobeasleep
2006-04-09 12:11 am UTC (link)
There was a Law and Order (where my entire legal knowledge comes from, good god I hope they're accurate) episode about that. That writings (and pictures of adults doctored to look younger) are legal because there is no exploitation, but with actual pictures of actual minors, there is exploitation. I think it actually involved someone following directions in a "story" about how to kidnap a young girl.

(Reply to this)(Parent)(Thread)

(no subject) - [info]wankprophet, 2006-04-09 01:06 am UTC
(no subject) - iwanttobeasleep, 2006-04-09 01:08 am UTC
(no subject) - [info]gun, 2006-04-09 01:46 am UTC
(no subject) - [info]massromantic, 2006-04-09 02:54 pm UTC
(no subject) - [info]tofuknight, 2006-04-09 12:12 am UTC
(no subject) - vomitymcpuke, 2006-04-09 03:46 am UTC
(no subject) - [info]tofuknight, 2006-04-10 03:04 pm UTC
(no subject) - vomitymcpuke, 2006-04-10 08:45 pm UTC

vomitymcpuke
2006-04-09 03:46 am UTC (link)
I hate that I'm saying this, but for once, thank God the legal age in Canada is like...what..fourteen? Because I've never read HP fics with the characters under 15.

*wipes brow*

(Reply to this)(Thread)

(no subject) - [info]firebird5, 2006-04-09 04:13 am UTC
(no subject) - catatonia, 2006-04-09 04:37 am UTC
(no subject) - vomitymcpuke, 2006-04-09 04:57 am UTC
(no subject) - catatonia, 2006-04-09 05:03 am UTC
(no subject) - vomitymcpuke, 2006-04-09 05:04 am UTC
(no subject) - catatonia, 2006-04-09 05:06 am UTC
(no subject) - vomitymcpuke, 2006-04-09 05:11 am UTC

[info]adora_spintriae
2006-04-09 06:15 am UTC (link)
Yeeeep. It was only a matter of time.

Welcome to Australia! Where for example, if you're under 16, sending your friend a text message about fucking your boyfriend last constitutes "distribution of child porn".

(Reply to this)(Thread)

(no subject) - iwanttobeasleep, 2006-04-09 06:35 pm UTC
(no subject) - [info]adora_spintriae, 2006-04-09 10:08 pm UTC
(no subject) - iwanttobeasleep, 2006-04-10 12:09 am UTC
(no subject) - [info]adora_spintriae, 2006-04-09 10:11 pm UTC

[info]panthea
2006-04-09 02:30 pm UTC (link)
ZOMG YOUR ICON WTF.

Is that actually Jayne and Simon, or does it just look like them? And if it is, is that a photomanip? A really good drawing? A still from the Super Speshul Gay Episode that I totally managed to miss?

...sorry, got a bit excited there. ::mops up::

(Reply to this)(Thread)

(no subject) - [info]deadgayrobin, 2006-04-09 06:39 pm UTC
(no subject) - [info]panthea, 2006-04-09 08:34 pm UTC
(no subject) - [info]princessdot, 2006-04-10 10:21 am UTC
(no subject) - [info]dana, 2006-04-10 10:28 am UTC

[info]freezer
2006-04-09 06:27 pm UTC (link)
Don't know how similar the appeals process is in Australia, but were this a US case, this conviction would be tossed faster than you can say "decades of precident."

(Reply to this)


 
   
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