Tag: law

Posted on

Just being nude doesn’t make it porn, you sickos!

A portion of a Bill Henson nude photograph of young womanMaybe I’m jumping the gun here, because the actual recommendations aren’t online yet. But news today that the Bill Henson “scandal” has prompted an overhaul of NSW art laws really gets up my nose.

Australian photographer Bill Henson is no stranger to controversy. His images, like the one here, are of nude or semi-nude adolescents, and “protecting the innocent children from the evil pedophiles” is a powerful rallying-call. Newspaper columnists and talkback radio hosts alike revel in its ability to stir the emotions — attention-seeking pricks that they are.

In an incident earlier this year, some of Henson’s photographs were seized by the police — but returned once the Office of Film and Literature Classification found that none of them were “child pornography”. Indeed, it called their nudity “mild and justified” and gave them a PG rating.

Got that? PG. Suitable for viewing by children under the age of 16, with parental guidance.

But apparently the considered judgement of the official body charged with this kind of analysis — the people who deal with and (sometimes) ban material which is pornographic — isn’t good enough.

Continue reading “Just being nude doesn’t make it porn, you sickos!”

Posted on

Stupid email disclaimers: don’t use them!

Over on the Link mailing list, there’s been a brief discussion on those legal disclaimers people put into email signatures. Brief summary: they’re stupid.

These disclaimers have never been tested in a courtroom, and in some circumstances they could even reduce your legal protection. However, I reckon the key issue for a business is “branding”.

Do you really want your communication with clients, suppliers and associates to look like your relationship will be defined by lawyers? That you routinely send “confidential” email to the wrong people and have to ask for it to be deleted? That you or your staff won’t actually stand behind what you say in an email because it’s not “confirmed in writing”? That your reaction when things go wrong is to sue someone?

Please, empower your staff to speak with authority. Get your act together so you don’t make lame mistakes to begin with. And have the confidence and honesty to stand behind what you say, wherever and however you say it.

Posted on

Lesson from Iraq: don’t ignore international law

Photograph of Mary Ellen O’Connell

Of all the writing about the 5th anniversary of the US-led invasion of Iraq, one of the more interesting pieces is by Mary Ellen O’Connell (pictured) of Notre Dame Law School. In Learning from the Iraq War: The Wisdom of International Law, she argues that the most tangible lesson is that the US ignores international law at its peril.

Going into Iraq, we ignored the UN Charter, which prohibits the use of force except in self-defense or with Security Council authorization. Once in Iraq, we ignored the Hague Regulations, requiring us to put a stop to looting and to make only necessary changes to local law and government. We ignored the Geneva Conventions, which prohibit secret detention and abuse of prisoners of the kind we saw at Abu Ghraib.

The talk on Iraq is all about what went wrong, whether the surge is working, and when we can get out. We hear virtually nothing about international law and look set to repeat our mistakes. Violating the law has cost our nation and Iraq dearly. It has denied us the guidance of rules based on long experience and moral consensus. We have lost standing in the world, a literal fortune, and precious lives. Rather than internalizing the lesson of law violation in Iraq, we continue to defy the law in serious and self-destructive ways.

At some point, sooner or later, America needs to understand that international law does indeed apply to everyone — including America. Otherwise any US action against any other nation breaking the law is nothing but hypocrisy. (Hat-tip to Blog Them Out of the Stone Age.)