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Police say it's Child Abuse, Classification Board say it's MA15+ WTF
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http://www.smh.com.au/technology/technology-news/over-the-top-childabuse-video-rated-ma15-20090903-f95t.html

"This decision by the Classification Board shows either that the criminal definitions [of child abuse material] are too broad, or that the police and the public prosecutors are overly enthusiastic in bringing criminal charges under those provisions"
ASHER MOSES
September 3, 2009 - 11:31AM
Exclusive: Queensland Police want to send a father of four to jail for up to 20 years on child-abuse charges over a video the Federal Government's own censors have classified as MA15+.

Chris Illingworth, 61, from Maroochydore, was charged late last year with accessing and uploading child-abuse material after he published, on a video-sharing site, a video of a man swinging a baby around like a rag doll.

Despite having no involvement in the creation of the three-minute clip, he was committed to a trial by jury in the District Court on July 8. He faces a maximum penalty of 10 years' imprisonment for each of the two charges.

Illingworth's solicitor, Chelsea Emery, of Ryan and Bosccher Lawyers, has said that, if the case goes ahead, every Australian who surfs the net could be vulnerable to police prosecution.

But the Australian Communications and Media Authority, responding to a complaint about the video on July 9, sent the clip to the Classification Board, which classified the content MA15+.

Under the Classification Board's guidelines, the impact of MA15+ material "should be no higher than strong" and violence and strong themes "should be justified by context". MA15+ material is considered unsuitable for persons under 15 years of age.

"As a result of the Classification Board's decision, the content is not prohibited under the Broadcasting Services Act 1992," read a letter from ACMA, seen by this website.

Queensland Police has said any Australians who simply view the clip could face a maximum of 10 years in jail but today it refused to comment on the apparent disparity between its and the Classification Board's definition of child-abuse material.

"As the matter is currently before the courts it would be inappropriate to comment," a Queensland Police spokesman said.

The information on the Classification Board's classification decision has been passed on to the Commonwealth Director of Public Prosecutions. A spokesman said Illingworth's case would be reviewed.

"Following committal proceedings, the CDPP reviews all matters to determine whether they should proceed to trial," a spokeswoman said.

It is not suggested that the Classification Board's decision to give the content a relatively minor MA15+ rating will have any bearing on Illingworth's trial, but the case has caused much controversy because the clip has already been shown on numerous Australian and US TV news shows and can still be found online today.

The video, which cannot be shown for legal reasons, was just one of hundreds that Illingworth has uploaded to the Liveleak video sharing website as an administrator of the site.

"This decision by the Classification Board shows either that the criminal definitions [of child abuse material] are too broad, or that the police and the public prosecutors are overly enthusiastic in bringing criminal charges under those provisions," Nic Suzor, spokesman for the online users' lobby group Electronic Frontiers Australia, said.

The baby is laughing and smiling at the end of the clip, but the video has attracted criticism from child-welfare advocates because of how vigorously the man swings the baby by its arms.

In the Queensland Police brief of evidence, Susan Cadzow, specialist pediatrician at Royal Brisbane Children's Hospital, said she thought the clip represented child abuse.

"The child's demeanour at the end of the video would seemingly suggest that no significant injury has occurred. However, it does not exclude the presence of a [hidden] injury," Cadzow said in her statement.

Illingworth has described the clip as a "common interest story" and rejected any suggestions he was a child abuser or interested in such material.

He says he has been admitted to hospital several times since being charged and claims the stress of the case has exacerbated his health problems.

His lawyer, Michael Byrne, QC, has said he will argue that the video is not child-abuse material but "a training film for a Russian circus family".

"Our argument is that this is certainly not what the legislation was aimed at. It was aimed at the sexual abuse of children," he said in June.


Click to view image: '210a0995ca78-baby11_wideweb__470x3510420x0.jpg'

Added: Sep-2-2009 
By: biggles9
In:
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Tags: task force argos, news, double standards, biggles9, chris illingworth, chrisillingworth
Views: 10669 | Comments: 50 | Votes: 5 | Favorites: 2 | Shared: 0 | Updates: 0 | Times used in channels: 3
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  • CLEAR BIGGLES NOW!

    Posted Sep-3-2009 By 

    (10) | Report

  • Biggs ,I think youre good to go,and I hope your check, after suing .....is LARGE! (btw, congrats to your son)

    Posted Sep-3-2009 By 

    (8) | Report

  • this is ridiculous - the case should be thrown out already!

    Posted Sep-3-2009 By 

    (6) | Report

  • So it has been classed as OK for 15 and above in Australia, but they're still trying to prosecute you for it. I bet this will end up pulling the rug out from under their feet.

    Posted Sep-3-2009 By 

    (4) | Report

  • I hope you rub their noses in it biggles. :)

    Posted Sep-3-2009 By 

    (4) | Report

  • Twenty years? This has got to be a joke of injustice if I've ever heard one.

    Chris, I pray for you. Mate, I just shake my head over this.

    When this is all over you should sue not only for retribution but to get these over zelious laws changed and to bring powers into check.

    The system fails those that need help and makes examples out of those that have done no harm.

    I wish that I could help you.

    Posted Sep-3-2009 By 

    (4) | Report

  • Hey biggles, so you do expect to be afforded the opportunity to plead your case before a jury right? I really cannot imagine a jury with such an incredible lack of common sense that they'd screw you over. Jury nullification will win out in the end. Unless you get the OJ jury...

    And, I hope you sue their asses off in response.

    Posted Sep-3-2009 By 

    (3) | Report

  • declare war on queensland

    Posted Sep-3-2009 By 

    (3) | Report

  • Jesus... And people wonder how "extremists" develop a visceral hatred of all things government. I can only imagine the extraordinary degree of stupidity that must've gone into making the decision to prosecute Biggles. Making "examples" of people who are doing something that is clearly on the margin when there are so many other cases that would actually be better suited is just sick and stupid and ultimately destroys all respect for the law.

    Posted Sep-3-2009 By 

    (3) | Report

  • A total waste of tax dollars. I hope you get some of it when it's all said and done, B!

    And let the Government get the shaft!

    Posted Sep-3-2009 By 

    (3) | Report

  • This is still going on. All the money your government has spent on bringing charges on you could have went on finding real viral criminals etc. Seems like these people are pulling charges out of a cracker jack box. Good luck.

    Posted Sep-3-2009 By 

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  • this(mdma)vid from channel 13 that your fine officer has posted a link to is from years ago in tampa florida.
    you are so far out of the loop,...why don't you go find that kid on your profile post instead of haunting this place,...man you are a sorry excuse for a cop.
    little over weight and got beat up in school huh?

    Posted Sep-3-2009 By 

    (2) | Report

  • Why doesn't EVERYONE in Oz upload and download this video. That would keep em busy for a thousand years.

    Posted Sep-3-2009 By 

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    • Comment of user 'OwenHiggins' has been deleted by author (after account deletion)!
  • i think common sense is rearing its beautiful head biggles, no sweat.

    Posted Sep-3-2009 By 

    (2) | Report

  • This just get more and more ridiculous.

    I hope these cops end up looking like the fools they clearly are.

    "As the matter is currently before the courts it would be inappropriate to comment," a Queensland Police spokesman said.

    Yeah, I bet you didn't want give your name.

    Posted Sep-3-2009 By 

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  • I think it's high time you file a counter suit Biggs,..
    for "defamation of character",..
    might as well start firing back now,.
    I see BIG BUCKS coming your way bud,...

    Posted Sep-3-2009 By 

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  • Hang in there, Biggles! Sorry you had to go through this horrible experience, but hopefully the case against you falls apart quickly...

    Once that happens, talk to your attorney about getting some redre$$ for what you had to endure...seven figures minimum, my man!

    I will keep praying for you...

    Posted Sep-3-2009 By 

    (1) | Report

  • biggles when ur cleared...which we all knw you will be...make sure u juice all you can from them tfor the suffering that they put you through.!!!
    goodspeed

    Posted Sep-3-2009 By 

    (1) | Report

  • I have friends in Australia that I would love to spend my money there with someday. Not with such a blatant "politically correct" bunch of wanks bent on shitting on peoples personal expression, Australian economy will never see any of my 2 cents. Still a colonial penal system with entitled powdered wigs trying to keep a man down.

    Posted Sep-4-2009 By 

    (1) | Report

  • This is low life street court as in old wild west storys, aint there any higher level court with common sense in AUS, a big waist of money is wath it is just becose someone who is in a office career, what is it realy about, save someones face or family honor on a high chair, something is wrong in all this mess.

    Posted Sep-3-2009 By 

    (1) | Report

  • Comment of user 'redmanti' has been deleted by author (after account deletion)!
  • Are we in the twilight zone or is this reality?

    You can have naked gay guys having sex on a public street BUT you're prosecuted for posting a video?

    I'd say it's just crazy in Australia but it happend every day in the US.

    WE SUPPORT YOU BIGGLES!

    Posted Sep-3-2009 By 

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  • wow,..hang in there biggles.

    Posted Sep-3-2009 By 

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  • Cant help you with this but I understand this is bigger than just Biggles getting gripped. Havent seen the video in full but it looks to me like the sort of thing kids go through in china training for the olypmics.

    Any excuse to get greater reach into the net-tubes.

    Posted Sep-3-2009 By 

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  • AH, the wisdom of government.

    Posted Sep-3-2009 By 

    (0) | Report