HELP

[sarvihaara]

Right. This new Australian law.

I am both confused and frustrated by this stupid law. I have no background in legal issues so most things I try and read go straight over my head. Plus the law applies to a good deal of my website. So, if you have any info or guidance that would help me, please share.

Comments

[reddwarfer]

I feel for you. It seems that the Law is so inclusive that innocent bystanders can easily get caught up. It seems a shame to be wasting resoursces when real life child molestors and such go free.

[sarvihaara]

It seems that the Law is so inclusive that innocent bystanders can easily get caught up.

Yes and no I think. Because the law includes "material that describes or depicts a person under 18 years of age, or who appears to be less than 18..." which includes a lot of fics, but it also includes "in a manner that would offend a reasonable adult" - and isn't that subjective? It's not very definite because how do you class a "reasonable adult"? And what would they find offensive?

It seems a shame to be wasting resoursces when real life child molestors and such go free.

Exactly! Resources could be used a lot more effectively. Everything can be viewed/used in a dangerous way by certain, so inclined people. Doesn't mean everything should be banned.

[sarvihaara]

Thanks for the support! I agree, the h/d, h/r etc should be ok, and I am being cautious with s/h and other adult/harry stories.

PSA will be back up soon, I'm aiming for this weekend :)

[dragon_charmer]

This is so complicated. How on earth do you guage the age of something? I mean in some of the publicity for GoF (and even for PoA), Dan as Harry is made to look much older.

I think that some of the adult/teenager items might be a problem. It's something to do with the idea of a person in authority taking advantage of a student.

But why would people waste their time bothering with a fanfic site when there is REAL abuse going on on the internet with REAL children in danger?

I feel for you and wonder how long it will be before British laws start to follow suit.

[sarvihaara]

Exactly, it's all dependent on the viewer what age they appear to be. And a story that mentions Harry is overage, if someone wanted Harry to be younger, nothing can stop them imagining him as younger. And I guess vice versa.

Yes, I'm being extra careful with the adult/teenager stories and art.

But why would people waste their time bothering with a fanfic site when there is REAL abuse going on on the internet with REAL children in danger?

Ugh, exactly. It's the stupid Howard government, pushing their conservative views on Australia and stiffling people's rights to freedom of speech, regarless if things are an actual danger to people. Not that I want child abuse to occur in any way, but this is fiction and none of us fandomers are pedophiles, and it's a completely different thing. I hope the British laws don't follow suit.

[_theduchess]

Wait, if you do a friends locked journal, how do you get on it?? Will you leave some way to get there on here?
-Anna
(A PSA devotee)

[sarvihaara]

You'll just need to friend the journal and post an age statement or something similar, and I'll friend back so you have access to the posts.

[chinesechipmunk]

I doubt you would get in too much trouble, just try to use fics where the ages are ambiguous. If you could, perhaps requesting that authors slightly rewrite their stories would be wise.

Of course, I know little of law, but I can't see you being taken to court over fiction. After all, some sites distribute pornographic stories involving a minor, with the claim that it is real (sometimes). As your stories cannot be real, you must have some sort of advantage.

[sarvihaara]

I am sticking to the fact that to get in trouble, someone really against fanfiction must find the PSA site, read some of the questionable fanfiction, and complain about it to the ABA (Australian Broadcasting Authority?). Then the ABA has to find it worth the resources of following up the complaint, rate the material and deem it illegal (if in fact it is), and then hand the facts over to the authorities. I can't see them finding a fanfiction site that isn't at all focused on child pornography, with no stories that are obviously or clearly illegal, worth their effort. *hopes*