2022 Volume 24 Issue 4
Speech
The history of defamation law: Unjumbling a tangled web
Hon Tom F Bathurst AC KC
Articles
Exploring virtual child sexual abuse material law: When creativity is criminalised
Dominique Moritz, Ashley Pearson and Larissa S Christensen
Abstract
Child sexual abuse material (‘CSAM’) is a growing global problem and law in Australia has evolved to criminalise content that represents CSAM in any form. Technological development has facilitated a new trend of virtual CSAM (‘VCSAM’), presenting unique challenges to legislators, law enforcement, courts and the community. The fact that some VCSAM does not depict actual children has informed divergent opinions about the harmfulness of such material, given its entirely fictional nature. This complexity has led to a disparate global approach to the criminalisation of VCSAM. While legislation in all Australian jurisdictions criminalises VCSAM, there are troubling inconsistencies in the regulation of this phenomenon. This article aims to analyse how existing VCSAM regulation in Australia fails to respond to the complexities of creative material, produces grey areas where creative material could inadvertently be classified as VCSAM, and fails, at times, to address the harms of VCSAM.
Child sexual abuse material (‘CSAM’) is a growing global problem and law in Australia has evolved to criminalise content that represents CSAM in any form. Technological development has facilitated a new trend of virtual CSAM (‘VCSAM’), presenting unique challenges to legislators, law enforcement, courts and the community. The fact that some VCSAM does not depict actual children has informed divergent opinions about the harmfulness of such material, given its entirely fictional nature. This complexity has led to a disparate global approach to the criminalisation of VCSAM. While legislation in all Australian jurisdictions criminalises VCSAM, there are troubling inconsistencies in the regulation of this phenomenon. This article aims to analyse how existing VCSAM regulation in Australia fails to respond to the complexities of creative material, produces grey areas where creative material could inadvertently be classified as VCSAM, and fails, at times, to address the harms of VCSAM.
Abstract
This article explores collective, workforce-led solutions to the problem of insecurity in Australia’s film and theatre labour markets. Currently, these industries are capable only of accommodating workers who can undertake hefty, personal financial risk. Precarious work conditions bar access from diverse workers which harms consumers and industry alike. This article explores three solutions: collective agreement making; strike action; and union-led social welfare regimes. I draw on how these measures have been used in other sectors and countries, offering a comparative analysis of strategies for leverage in Australia’s own film and theatre industries. A counter to political sidelining of these workers, collective action may offer the visibility and power to harness financial security from the ground up.
This article explores collective, workforce-led solutions to the problem of insecurity in Australia’s film and theatre labour markets. Currently, these industries are capable only of accommodating workers who can undertake hefty, personal financial risk. Precarious work conditions bar access from diverse workers which harms consumers and industry alike. This article explores three solutions: collective agreement making; strike action; and union-led social welfare regimes. I draw on how these measures have been used in other sectors and countries, offering a comparative analysis of strategies for leverage in Australia’s own film and theatre industries. A counter to political sidelining of these workers, collective action may offer the visibility and power to harness financial security from the ground up.
New Zealand Media Law Update
New Zealand Media Law Update
Ursula Cheer