Page 4692 - Week 16 - Wednesday, 28 November 1990
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Those who would oppose this Bill point to the right of individuals to choose what they watch in the privacy of their own homes. Individual freedom is a cherished right in a democracy, but it must always be tempered by the overriding requirement to ensure the common good and to protect the rights, freedoms and safety of all citizens. An example of this is the fact that, for the common good, certain types of pornography are effectively banned already by being refused classification. The question is not: Do we have censorship? Censorship is already in place and operating in this country; it enjoys majority support. The question here is one of degree; that is, where to draw the line.
Perhaps the most prevalent argument against banning X-rated videos is that the distribution could go underground and thereby involve criminal elements. The corollary of that line of thought is that child pornography should be legalised to bring it out into the open. Even if child pornography were available on the black market, most people would have no idea how to obtain it, and those who might be interested may not want to draw attention to themselves by trying to find out. The mere fact that pornography would be difficult to obtain, after the distribution became illegal, would be enough to stop most people seeking it out.
With a very small market available, the profit potential would be too small to provide incentive for criminal distribution, and stiff penalties would further reduce any remaining incentive. The threat by the distributors to take their distribution centres to another Australian Territory, or even to New Zealand, should not deter this Assembly either. Soon this dangerous rubbish will be banned there also.
A number of people in the ACT may lose their jobs when this Bill is passed. Once again, the overall benefit to the community is the primary consideration. There are also people in the ACT who are employed in the drug trade, but that does not prevent governments and the police from working to stamp out the trade in illicit drugs. Emerson said:
We must hold a man amenable to reason for the choice of his daily craft or profession. It is not an excuse any longer for his deeds that they are the custom of his trade. What business has he with an evil trade? Has he not a calling in his character?
This Assembly should be working to increase employment opportunities in more productive and positive pursuits.
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