A close reading of the Australia Institute report shows that the authors place particular emphasis on the harm that may be caused by representations of violence - which may or may not involve a sexual element - and identify that a broad consensus exists only for the disapproval and condemnation of pornography showing representations of sexual coercion.[7] The authors make a distinction "between 'mainstream' pornography (in commercially available X-rated videos) and the proliferation of violent and extreme material on the internet."[8] The authors do not make the case that the viewing of non-violent sexual acts between consenting adults gives rise to unhealthy attitudes to sex and sexuality; and, even if they did, this would involve a value judgment, which not all the community would share, as to what was or was not an "unhealthy" attitude.
13 Further, even if we assume that pornography can cause harm in some circumstances, any such harm would need to be assessed in the context of positive factors associated with the sale of pornography. One such factor is that many adults, of their own will, choose to purchase such material for private use. In a free society this factor ought to carry considerable weight. The permit applicant identified another factor. It may be that, in at least some circumstances, pornographic material will actually provide a benefit to the user or users, without harming other persons. No doubt this second factor is difficult to prove or measure; but this is equally so of the supposed harm that pornography is said to cause.
14 Next, it is important to observe that pornography is already available to the Shepparton community. There are two existing adult sex bookshops in Shepparton. Anyone who wishes to purchase a pornographic magazine or video in Shepparton can easily do so. Indeed one of the existing outlets is adjacent to a substantial shopping area and near to youth related uses, such as a cinema and a bowling alley. Further, Shepparton is not an island. Many residents of the Shepparton region would regularly travel to Melbourne or other centres where pornography can be purchased and brought back to Shepparton. We also stress the increasing trend for pornography to be accessible via the internet. Indeed, the Australia Institute report emphasises the importance of the internet, not just because it is available in many homes, but for two other important reasons. First, unlike material sold in an adult sex bookshop, the internet is available to all persons, not just those over 18 years. Second, extreme forms of pornography are more likely to be available on the internet than in an adult sex bookshop.[9] Having regard to these factors, we conclude that, although the proposed shop will increase access to pornography in Shepparton, the effect will be marginal and will not permit direct access to those under 18 years.
15 We acknowledge that the socio-economic make-up of the Shepparton community is different to the Victorian community as a whole; but we think that the differences are marginal and unimportant. There are other places in Victoria (where adult sex bookshops exist) where there are a relatively high proportion of people from the Middle East. And there are other towns with a relatively high population of Koori people. Moreover the crime rate in Shepparton, although slightly higher than average, is not significantly different. More relevantly, we are not persuaded that these socio-economic factors are determinative. The Police have not objected to the proposed use and there is no basis to conclude that the proposal will significantly affect the overall crime rate. Crime has many causes; and we would suggest that alcohol, drugs, gambling and poverty would all be far, far more important than the availability of pornography. Further, there is no evidence that any harm caused by pornography is related to socio-economic status. We cannot see why there should be such a relationship: for example, the suggestion that this is the case for domestic violence was debased by Dr Jocelynne Scutt in her book "Even in the Best of Homes: Violence in the Family".[10]
16 One of the major contentions raised by the objectors concerns the availability of pornography to minors. It is true that an adult sex bookshop may sell a product that is then "left around" and can be accessed by a minor. But, in year 2005 and beyond, this type of access to pornography is likely to be much less significant than access via the internet. Pornography is readily and freely available on the internet, with just a few clicks; and minors might be thought to better understand the internet than many adults. Indeed it is pornography on the internet that is the real focus of the Australia Institute report. This is made clear by the opening paragraph of the Summary - surely the place where the key case is to be made - where the authors state: