51LDefence of artistic merit or public benefit

51L Defence of artistic merit or public benefit

(1) It is a defence to a charge for a child abuse material offence (other than an offence against section 51I(1)) if—

(a) the material—

(i) was not produced with the involvement of a person who was, at the time it was produced, under the age of 18 years; and

(ii) possesses artistic merit; or

(b) the material is of public benefit.

(2) For the purposes of subsection (1)(b), material that is of public benefit includes material that is for a genuine medical, legal, scientific or educational purpose.

1 A is a university lecturer in psychology. During a lecture on abnormal psychology, A shows a lecture slide with examples of textual child abuse material to illustrate the type of material associated with an abnormal psychological profile. The lecture slide is of public benefit.

2 A is a photojournalist in a war zone. A takes a photo of a child victim of torture and submits it to a news organisation for publication. The photo is of public benefit.

(3) A bears the burden of proving (on the balance of probabilities) the matter referred to in subsection (1)(a)(ii) or (b).

1 The reference to A in this section is a reference to the same A referred to in the child abuse material offence provisions.

2 An evidential burden applies to the matter referred to in subsection (1)(a)(i).

S. 51M inserted by No. 47/2016 s. 16.