Australian Glenn Phillip McGuire, 28, has pleaded guilty of possession of child pornography after downloading six images of cartoon characters from The Simpsons and Pokemon in sexual scenes.
The Australian Supreme Court ruled child pornography can include sexually explicit images of cartoon characters in a ruling that sweeps away logic and speech rights. While tasteless and humorless, such images seem far removed from the purposes of outlawing pornography unless the victimization of fictional television characters has become a major social problem in Australia.
Yet, Magistrate Sharon Holdsworth insisted that it should not matter if the images did not depict actual children being exploited and that there was still a need to deter members of the community from looking at such pictures.
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Um, isn’t Lisa Simpson, like, 28 years old? I mean, the show’s been on for 20 years, and she was eight when it started; I’m just saying. If the lawyers didn’t try that defense, then they weren’t trying hard enough.
Bron –
The point of the link was that part of what the 4th Circuit upheld was the provision of the law that the people depicted need not actually exist and that part of what he was convicted for was anime.
As for getting what he deserved, if the court had tossed the cartoons but upheld the conviction on the photographs, I would have agreed with you. But it didn’t. And that’s the problem: It won’t be only those “getting what they deserve” who will be potentially affected.
LarryE:
Seems to me this guy got what he deserved (the Richmond guy) for child porn. Although I do agree the 2 judges were offbase. Didnt SCOTUS rule on this a few years ago? Basically affirming that cartoons are not pornographic per se or was it something just about porn in general?
This is late, I know, but I think worth noting:
There was something of an exchange on another blog when the Australian Supreme Court decision came down in December.
And if you think this only relates to Australia, you’re wrong.
Some people will never take their jobs seriously….
I see our host has been busy with the scrub brush this morning. 😀
I can’t believe you can’t distinguish between reality and an illustration. No victim, no crime.
oh, no, not Lisa Simpson with her favorite superhero, Pie Man.
Imagine this insult to an iconic American family under the Bush Administration. I am certain our Patriot in Chief would have mustered an entire brigade to march* on Australia!
*Geo-political strategy was never his strong suit.
Emblematic of people unable to discern reality from fantasy. No one was harmed. There is no crime. Unless you just want to be gutsy about it and call it what it is: The Thought Police.
Australian prosecutors – not to mention the Supreme Court – seem to have entirely too much time on their hands. Isn’t there any real crime to address Down Under? Why in the world would the Australian Supreme Court even grant cert to this case? Is there a national crisis of cartoon porn happening in that country?