Hmm, interesting. After Cole v Whitford, my understanding of s 92 was that for a law to be in breach it must:
(1) Be discriminatory – the law must discriminate against interstate trade; ie, treate it in a way that confers a market advantage on local trade; and this must be
(2) Protectionist discrimination – the law must be discriminatory in a protectionist sense. Ie, the law protects an industry in one State from an industry of the same kind in another State.
So the Commonwealth could theorectically pass a law banning the sale in all states of hardcore porn. The rule would applied to all states: prohibiting the sale of hardcore whatever the state of production. It would be difficult for the ACT to prove that this kind of law gives a market advantage to out of state pornographers compared to ACT pornographers.
Even if there was discrimination, it is not protectionist – the purpose of the Commonwealth’s law would be morals or prudity or whatever; it wouldn’t be to protect the porn industries of other states, which what s 92 is aimed at.
As I see it, the Federal Government’s problem would be finding an appropriate consitutional head of power to support an anti-porn law. Possibly, it could simply use its taxation power to make jack up the price of hardcore porn so much as to render its production in the ACT uneconomical.
[Lionel Hutz]
Others have summed up the Japanese porn scene better than I could, even with all my hours of viewing experience. There are, however, a few more popular genres that have yet to be touched upon:
Nampa: “Pick-up” videos, in which one or two actors go to various locations and try to pick up women to have sex with them. Most of the video consists of them getting shot down by about 50 different women, although they occasionally find a couple who are willing to raise their blouses or skirts for the camera. Eventually, they get a couple (probably hired) to go to a local hotel with them. The main fun with these is renting a video about an area you know and seeing if you recognise anyone.
Shufu: Housewife, or “mature” videos, featuring actresses in their 30’s, 40’s or 50’s. I found one that appeared to be well into Social Security territory.
Religious: The funniest thing I ever found was a series of Christian-themed Japanese pornos, the first of which was “Jesus Clitoris Superstar”. There wasn’t much to the plot, although they did have an interesting take on the Jesus and Mary Magdelene relationship.
And unfortunately, Osiris seems to be right. The only place to find aggressive women in hardcore porn (there are plenty in softcore) is in the lesbian films. Oh well, if that’s what I must rent, I guess it’s a sacrifice I’m willing to make.
I’m sure you’re right. I’m certainly no constitutional lawyer, and it’s been so long since someone explained the ins and outs (pun intended) of Australian porn law to me that things may have changed since then, what with Brian Harradine and Li’l Johnny doing their best to inflict their moral conservatism on the country.
There is little doubt in my mind that the Commonwealth could pass a law banning porn in all states if it really wanted to and could get the numbers in parliament, but i have always been under the impression (maybe incorrect) that the ban on selling hardcore videos etc. in the states was actually state law in each case (NSW, Vic., etc.).
As i said, i could well be wrong. I knew someone about 8 or 10 years ago who worked part-time in a porn shop in Sydney, and the shop was selling hardcore videos, which were illegal. The police knew about the place, and mostly turned a blind eye. However, if some local police boss needed an extra bust on his record, or if the store did something to annoy the cops, they would conduct a raid and confiscate all the illegal stuff. The store would then restock, and things go on as normal for another year or so until the next bust.
Surprising they can’t get more hot girls into their videos, considering that English girls are so easy.
That was a joke. Kind of
If you’re looking for Japanese vids that feature women who appear to be enjoying themselves rather than simply lying on their back with their eyes closed making dolphin noises, I reccommend most videos from Samurai Videos. I think this might be a U.S.-based company, but I’m not sure. Anyway, the people in them (male and female) are all reasonably attractive, the girls really seem to be having a good time, and some of the stuff is really kind of funny.
As regards the English representation all I can say is that what I’ve brought home from my ,worryingly frequent, visits to buy filth is as hard as anything I saw when I was having to get poor quality copies of older American movies for my kicks.
How the hell am I gonna make sure nobody else who uses this computer sees this???
