Chapter 1 - Introduction

[1]        Journals of the Senate, 2 December 2015, p. 3587.

[2]        Journals of the Senate, 13 September 2016, p. 177.

Chapter 2 - Background and summary of the available evidence

[1]        Dr Michael Flood, Submission 250, p. 6. The definition cited was from N Malamuth, 'Pornography', in NJ Smelser and PB Baltes (eds), International encyclopedia of social and behavioral sciences, vol.17, 2001, p. 11817.

[2]        Commissioner for Children and Young People (WA), Submission 14, p. 2.

[3]        Ms Crabbe is the co-founder of an Australian violence-prevention and community education project: Reality & Risk: Pornography, young people and sexuality. Ms Maree Crabbe, Submission 340, p. 1.

[4]        Ms Maree Crabbe, Submission 340, p. 7.

[5]        Ms Zahra Stardust, Submission 287, pp. 12–13.

[6]        The Salvation Army Australia Southern Territory, Submission 282, p. 2.

[7]        V Nash, J Adler, M Horvath, S Livingstone, C Marston, G Owen and J Wright, Identifying the routes by which children view pornography online: implications for future policy-makers seeking to limit viewing, November 2015, www.gov.uk/government/uploads/system/uploads/‌attachment_data/file/500701/Report_of_DCMS_Expert_Panel__Autumn_2015__FINAL_.pdf (accessed 6 October 2016), p. 10.

[8]        This is the terminology used by the Australian Human Rights Commission in its submission. See Submission 261, p. 3.

[9]        Commissioner for Children and Young People (WA), Submission 14, p. 1.

[10]      Journals of the Senate, 2 December 2015, p. 3586.

[11]      Journals of the Senate, 2 December 2015, p. 3587.

[12]      For example, a 1989 US study cited in a submission suggested that 'by the age of 15 years, 92% of boys had looked at or read Playboy, with average age of first exposure reported to be 11 years. Similarly, in regard to X-rated films, 92% of 13 to 15 years-olds reported that they had seen such a film'. South Eastern Centre Against Sexual Assault, Submission 334, p. 2; the study cited is J Bryant and D Brown, 'Uses of pornography', in D Zillmann and J Bryant (eds), Pornography: research advances and policy considerations, 1989, pp. 25–55.

[13]      Professor McNair explained: 'By "pornographication" I refer not to the narrow form of pornography itself, but the many ways in which the styles and codes of pornographic texts have become embedded in pop music, fashion, advertising and other cultural formats including "high art", as in the notorious work of Robert Mapplethorpe and Jeff Koons in the late 1980s. Madonna's Sex book of 1992 exemplifies the trend towards 'porno chic', with its deliberate evocation of pornographic poses and tropes in its imagery. Miley Cyrus' Wrecking Ball video, with its nudity and sexually charged performance, would be a more recent example of pornographication'. Submission 55, p. 1.

[14]      Professor Brian McNair, Submission 55, p. 1.

[15]      Dr Michael Flood, Submission 250, p. 8 (citation omitted).

[16]      This material is classified X 18+ and is only available for sale or hire in the Australian Capital Territory and the Northern Territory. See Guidelines for the Classification of Films 2012 (available on the Federal Register of Legislation: www.legislation.gov.au).

[17]      Commissioner for Children and Young People (WA), Submission 14, pp. 2–3 (citations omitted).

[18]      Emeritus Professor Freda Briggs AO, Submission 2, p. 1; Australian Council on Children and Media, Submission 73, p. 7; Digital Industry Group Incorporated, Submission 75, p. 2; Australian Catholic Bishops Conference: Bishops Commission for Family, Youth and Life, Submission 84, p. 2; Family Council of WA, Submission 256, p. 2.

[19]      Commissioner for Children and Young People (WA), Submission 14, p. 7.

[20]      For example, see Burnet Institute, Submission 61, p. 8.

[21]      See, for example, Royal Australasian College of Physicians, Submission 112, p. 2; and Dr Michael Flood, Submission 250, p. 7.

[22]      The RACP noted that, although 'inherently difficult to quantify', one estimate claims that '12 per cent of all publically available websites are pornographic, and around a quarter of search engine requests relate to pornography'. Submission 112, p. 2 (citation omitted).

[23]      Dr Michael Flood, Submission 250, p. 7.

[24]      Dr Michael Flood, Submission 250, p. 7 (citation omitted).

[25]      Dr Michael Flood, Submission 250, pp. 7–8.

[26]      Dr Michael Flood, Submission 250, p. 7.

[27]      E Martellozzo, A Monaghan, JR Adler, J Davidson, R Leyva and MAH Horvath, "I wasn't sure it was normal to watch it...": a quantitative and qualitative examination of the impact of online pornography on the values, attitudes, beliefs and behaviours of children and young people, 2016, www.childrenscommissioner.gov.uk/sites/default/files/publications/MDX NSPCC OCC pornography report June 2016.pdf (accessed 11 August 2016), p. 8.

[28]      Australian Psychological Society, Submission 347, p. 4. The study cited was commissioned by the UK Children's Commissioner and is: MAH Horvath, L Alys, K Massey, A Pina, M Scally, and JR Adler, Basically...Porn is everywhere: a rapid assessment on the effect that access and exposure to pornography has on children and young people, 2013.

[29]      These findings are from an unpublished doctoral thesis cited in Australian Psychological Society, Submission 347, p. 17.

[30]      Royal Australasian College of Physicians, Submission 112, p. 2 (citations omitted).

[31]      Burnet Institute, Submission 61, p. 6.

[32]      Burnet Institute, Submission 61, p. 8 (citations omitted).

[33]      Dr Michael Flood, Submission 250, p. 7. The study cited is L Green, D Brady, K Ólafsson, et al, Risks and safety for Australian children on the internet: full findings from the AU Kids Online survey of 9–16 year olds and their parents, ARC Centre of Excellence for Creative Industries and Innovation, 2011.

[34]      Ms Maree Crabbe, Submission 340, p. 9. The study cited is MJ Fleming, S Greentree, D Cocotti‑Muller, KA Elias, and S Morrison, 'Safety in cyberspace: adolescents' safety and exposure online', Youth and Society, vol. 38, no. 2, 2006, pp. 135–54.

[35]      Commissioner for Children and Young People (WA), Submission 14, pp. 2–3; Burnet Institute, Submission 61, p. 7.

[36]      Burnet Institute, Submission 61, p. 8.

[37]      Commissioner for Children and Young People (WA), Submission 14, p. 2 (citations omitted).

[38]      The government explained that this statement is based on information from the Department of Correctional Services, Department of Education, police, fire and emergency services. Northern Territory Government, Submission 255, p. 1.

[39]      Dr Michael Flood, Submission 250, p. 10.

[40]      Dr Michael Flood, Submission 250, p. 10 (citations omitted).

[41]      Dr Michael Flood, Submission 250, pp. 10–11 (citation omitted).

[42]      D Thornburgh and HS Lin (eds), Youth, pornography, and the internet, 2002; cited in Dr Michael Flood, Submission 250, p. 13. Some anecdotes in submissions from individuals support this; for example, the author of Submission 200 argued: 'Kids filter things out. I found my brother's porn collection at a young age and thought it was pretty weird. The next time I found it puberty kicked in so it was more interesting'.

[43]      Dr Michael Flood, Submission 250, p. 13 (citations omitted).

[44]      Emeritus Professor Freda Briggs AO, Submission 2, p. 2.

[45]      The Alannah and Madeline Foundation, Submission 89, p. 8 (citations omitted).

[46]      Name withheld, Submission 120, p. 4. The letter is also published at: http://sexandcensorship.org/2015/04/open-letter-nspcc-re-porn-addiction-study/. The NSPCC's response is available here: www.nspcc.org.uk/fighting-for-childhood/news-opinion/nspcc-response-to-sex-censorship-criticism1

[47]      Dr Michael Flood, Submission 250, p. 14 (citations omitted).

[48]      Australian Medical Association (AMA), Submission 11, p. 2.

[49]      E Martellozzo et al, "I wasn't sure it was normal to watch it...", p. 10.

[50]      Australian Psychological Society, Submission 347, p. 6. The material cited is Love and sex in an age of pornography, directors M Crabbe and D Corlett, Rendered Visible and Looking Glass Pictures, 2013.

[51]      Emeritus Professor Freda Briggs AO, Submission 2, p. 4.

[52]      See Dr Michael Flood, Submission 250, p. 11.

[53]      Dr Michael Flood, Submission 250, p. 12.

[54]      Australian Psychological Society, Submission 347, p. 6.

[55]      Ms Maree Crabbe, Submission 340, p. 3. See also Emeritus Professor Freda Briggs AO, Submission 2, p. 1.

[56]      Gold Coast Centre Against Sexual Violence, Submission 77, p. 4.

[57]      Digital Industry Group Incorporated, Submission 75, p. [3].

[58]      Burnet Institute, Submission 61, p. 9 (citations omitted).

[59]      Although the AMA noted that online pornography is only one type of the sexualised images available, also pointing to 'sexualised representations of children in advertising...[and the] circulation of sexualised content through social media'. AMA, Submission 11, p. 2.

[60]      AMA, Submission 11, p. 2.

[61]      AMA, Submission 11, pp. 2–3; Burnet Institute, Submission 61, p. 9 (citations omitted).

[62]      Royal Australasian College of Physicians, Submission 112, p. 3.

[63]      Australian Psychological Society, Submission 347, p. 5.

[64]      AMA, Submission 11, p. 2.

[65]      The APS added that similar issues exist with homosexual pornography. See Submission 347, p. 7.

[66]      Centre for Excellence in Child and Family Welfare, Submission 13, p. 2 (citation omitted). See also Ms Maree Crabbe, Submission 340, p. 4.

[67]      Australian Psychological Society, Submission 347, p. 5.

[68]      Collective Shout, Submission 288, p. 3. See also Emeritus Professor Freda Briggs AO, Submission 2, p. 2.

[69]      Centre for Excellence in Child and Family Welfare, Submission 13, p. 1 (citations omitted). Figures on violent content were also provided by the Australian Psychological Society: see Submission 347, p. 4.

[70]      Dr Michael Flood, Submission 250, p. 15.

[71]      Dr Michael Flood, Submission 250, p. 15.

[72]      American Psychological Association, Report of the APA Task Force on the Sexualization of Girls, 2007, p. 29; cited in Dr Michael Flood, Submission 250, p. 15.

[73]      Royal Australasian College of Physicians, Submission 112, p. 3 (citations omitted).

[74]      Dr Michael Flood, Submission 250, p. 15.

[75]      See Dr Michael Flood, Submission 250, pp. 16–17.

[76]      Australian Human Rights Commission, Submission 261, p. 3 (citation omitted).

[77]      Emeritus Professor Freda Briggs AO, Submission 2, p. 14.

[78]      Emeritus Professor Freda Briggs AO, Submission 2, pp. 4–5.

[79]      Emeritus Professor Freda Briggs AO, Submission 2, p. 9.

[80]      For example, see Submission 128, p. 1.

[81]      Dr Michael Flood, Submission 250, p. 19 (citations omitted).

[82]      Dr Michael Flood, Submission 250, p. 19 (citations omitted).

[83]      Emeritus Professor Freda Briggs AO, Submission 2, p. 22.

[84]      Dr Michael Flood, Submission 250, p. 4.

[85]      Dr Michael Flood, Submission 250, p. 9 (citations omitted).

[86]      Burnet Institute, Submission 61, p. 4.

[87]      Commissioner for Children and Young People (WA), Submission 14, pp. 5–6.

[88]      Scarlet Alliance, Submission 119, p. 3. The quotation is from R Weitzer, 'Pornography's effects: the need for solid evidence', Violence Against Women, vol. 17, no. 5, 2011, pp. 666–75.

Chapter 3 - Potential policy responses

[1]        Office of the Children's eSafety Commissioner, Submission 74, p. 2.

[2]        Office of the Children's eSafety Commissioner, Submission 74, p. 6.

[3]        Northern Territory Government, Submission 255, p. 1.

[4]        Northern Territory Government, Submission 255, pp. 1, 4.

[5]        Australian Catholic Bishops Conference: Bishops Commission for Family, Youth and Life, Submission 84, p. 3.

[6]        Australian Council on Children and Media, Submission 73, pp. 3–4.

[7]        Emeritus Professor Freda Briggs AO, Submission 2, p. 6.

[8]        Professor Briggs added: 'Other common explanations for ignoring the behaviour are "Maybe he's seen pornography" or, "Perhaps he's seen his parents having sex". Even if this were true, if a child is so psychologically harmed that he is replicating what he experienced, this constitutes reportable child abuse and intervention is essential'. See Submission 2, pp. 5–6, 9, 13.

[9]        Emeritus Professor Freda Briggs AO, Submission 2, p. 5.

[10]      Emeritus Professor Freda Briggs AO, Submission 2, p. 1.

[11]      Emeritus Professor Freda Briggs AO, Submission 2, pp. 8–9.

[12]      Dr Michael Flood, Submission 250, p. 18. Dr Flood cited GM Hald, C Seaman and D Linz, 'Sexuality and pornography', in D Tolman, L Diamond, J Bauermeister, W George, J Pfaus and M Ward (eds), APA handbook of sexuality and psychology: vol. 2 contextual approaches, 2014, p. 22.

[13]      Dr Michael Flood, Submission 250, p. 26.

[14]      Burnet Institute, Submission 61, pp. 1, 4–5.

[15]      Professor Lelia Green, Professor Catharine Lumby and Professor Alan McKee, Submission 88, p. 16.

[16]      Professor Brian McNair, Submission 55, p. 3.

[17]      Professor Brian McNair, Submission 55, pp. 3–4.

[18]      Ms Maree Crabbe, Submission 340, pp. 4–5.

[19]      Ms Maree Crabbe, Submission 340, pp. 4–5.

[20]      See Ms Maree Crabbe, Submission 340, pp. 18–19. Ms Crabbe advised that the list was developed in consultation with Dr Michael Flood.

[21]      Gold Coast Centre Against Sexual Violence, Submission 77, p. 5.

[22]      The Salvation Army Australia Southern Territory, Submission 282, p. 7.

[23]      Brisbane Women's Club, Submission 80, p. 3.

[24]      The Alannah and Madeline Foundation, Submission 89, p. 10.

[25]      Commissioner for Children and Young People (WA), Submission 14, Attachment 1, p. 4.

[26]      Centre for Excellence in Child and Family Welfare, Submission 13, p. 4. See also Salt Shakers, Submission 94, p. 1.

[27]      Burnet Institute, Submission 61, p. 12.

[28]      Professor Lelia Green, Professor Catharine Lumby and Professor Alan McKee, Submission 88, pp. 4–5. The submission noted that when faced with this problem, the EU Kinds Online research project, which was conduct with 9–16 year olds, approached the topic by asking respondents the following question: 'In the past year, you will have seen lots of different images—pictures, photos, videos. Sometimes, these might be obviously sexual—for example, showing people naked or people having sex' (citation omitted).

[29]      Burnet Institute, Submission 61, p. 12. Similarly, the Gold Coast Centre Against Sexual Violence stated: 'In the absence of conversations/education from parents and schools about real intimacy and sex, the porn industry has begun to fill the void. This misinformation is setting up unrealistic expectations for young people about sexual relations and relationships'. Submission 77, p. 2.

[30]      Gold Coast Centre Against Sexual Violence, Submission 77, p. 2.

[31]      Australian Human Rights Commission, Submission 261, pp. 5–6.

[32]      Commissioner for Children and Young People (WA), Submission 14, p. 10.

[33]      Australian Psychological Society, Submission 347, pp. 9–10.

[34]      For example, see Association of Heads of Independent Schools of Australia, Submission 87, p. 12.

[35]      See Burnet Institute, Submission 61, pp. 12–13; Commissioner for Children and Young People (WA), Submission 14, pp. 1, 8–9; and Australian Psychological Society, Submission 347, p. 14.

[36]      Burnet Institute, Submission 61, p. 12. Similarly, the Victorian Commission for Children and Young People submitted that schools and parents need to 'offer well-informed sexuality and health education that is engaging, interactive and bold enough to answer students' questions'. See Submission 78, p. 3.

[37]      The Alannah and Madeline Foundation, Submission 89, pp. 10–11. Similarly, Bravehearts called for 'developmentally appropriate sex education for schools, inclusive of positive and healthy relationships, consent issues and awareness of the online environment'. Submission 129, p. [7].

[38]      Dr Michael Flood, Submission 250, p. 4.

[39]      Northern Territory Government, Submission 255, p. 4.

[40]      AHRC, Submission 261, p. 4.

[41]      See Professor Brian McNair, Submission 55, pp. 4–5.

[42]      Centre for Excellence in Child and Family Welfare, Submission 13, p. 3.

[43]      Commissioner for Children and Young People (WA), Submission 14, pp. 10–11.

[44]      Professor Briggs advised that only SA state and Catholic schools currently include this topic as a component of the curriculum from preschool upwards, although Queensland has an optional program. Submission 2, pp. 24–25.

[45]      Australian Medical Association, Submission 11, p. 3.

[46]      Royal Australasian College of Physicians, Submission 112, p. 2.

[47]      Royal Australasian College of Physicians, Submission 112, p. 2.

[48]      Centre for Excellence in Child and Family Welfare, Submission 13, p. 3.

[49]      Burnet Institute, Submission 61, p. 12.

[50]      Centre for Excellence in Child and Family Welfare, Submission 13, p. 4. Similarly, the Royal Australian and New Zealand College of Psychiatrists argued that 'generalised approaches to children who are exposed to pornography should sit alongside more targeted, specialised supports for children who are in a high risk group, such as those in out of home care, or who have experience neglect or violence'. Submission 96, p. 2.

[51]      Emeritus Professor Freda Briggs AO, Submission 2, pp. 24–25.

[52]      Professor Brian McNair, Submission 55, pp. 4–5.

[53]      For example, see Ms Maree Crabbe, Submission 340, p. 30; The Alannah and Madeline Foundation, Submission 89, p. 11.

[54]      Collective Shout, Submission 288, p. 13; Ms Maree Crabbe, Submission 340, p. 30.

[55]      Ms Maree Crabbe, Submission 340, p. 30.

[56]      Professor Brian McNair, Submission 55, pp. 4–5.

[57]      Northern Territory Government, Submission 255, p. 4.

[58]      Emeritus Professor Freda Briggs AO, Submission 2, pp. 24–25.

[59]      Commission for Children and Young People (Victoria), Submission 78, p. 2.

[60]      Such as the National plan to reduce violence against women and their children 2010–2022. Centre for Excellence in Child and Family Welfare, Submission 13, p. 4.

[61]      Ms Maree Crabbe, Submission 340, p. 31; Australian Psychological Society, Submission 347, p. 3.

[62]      See Commissioner for Children and Young People (WA), Submission 14, p. 11 (citation omitted).

[63]      Australian Christian Lobby, Submission 285, p. 10.

[64]      Communications Alliance, Submission 93, p. 6.

[65]      See Office of the Children's eSafety Commissioner, Submission 74, p. 6.

[66]      Office of the Children's eSafety Commissioner, Submission 74, p. 6.

[67]      See Professor Brian McNair, Submission 55, p. 5; Burnet Institute, Submission 61, pp. 12–13; Centre for Excellence in Child and Family Welfare, Submission 13, p. 3.

[68]      Professor Lelia Green, Professor Catharine Lumby and Professor Alan McKee, Submission 88, p. 16. Some submissions discussed how children can get around these filters—see Submissions 4, 93 (p. 8) and 227.

[69]      Burnet Institute, Submission 61, p. 10 (citations omitted).

[70]      Burnet Institute, Submission 61, p. 10.

[71]      These include the Gold Coast Centre Against Sexual Violence, the Bishops Commission for Family, Youth and Life of the Australian Catholic Bishops Conference, Sydney Anglican Diocese, The Alannah and Madeline Foundation, Salt Shakers, the Church and Nation Committee of the Presbyterian Church of Victoria, Presbyterian Church in Australia in the state of NSW, Bravehearts, Australian Christian Lobby, FamilyVoice Australia, Youth Wellbeing Project, Family Council of WA, Catholic Women's League Tasmania, Collective Shout, the Dads4Kids Fatherhood Foundation, Australian Council on Children and the Media and many individuals.

[72]      Such as the Communications Alliance, Electronic Frontiers Australia, Scarlet Alliance, Brisbane Women's Club and several individuals.

[73]      P Pyburne and R Jolly, 'Australian governments and dilemmas in filtering the Internet: juggling freedoms against potential for harm', Parliamentary Library Research Paper, 8 August 2014, pp. 20–28.

[74]      Other countries where it is government policy to block mainstream pornography include Turkey, Iran, China, Tunisia, and Russia. Office of the Children's eSafety Commissioner, Submission 74, p. 4.

[75]      Office of the Children's eSafety Commissioner, Submission 74, p. 3 (citation omitted).

[76]      Commissioner for Children and Young People (WA), Submission 14, p. 11.

[77]      Commissioner for Children and Young People (WA), Submission 14, p. 11.

[78]      Office of the Children's eSafety Commissioner, Submission 74, pp. 3–4 (citation omitted).

[79]      Office of the Children's eSafety Commissioner, Submission 74, p. 3 (citation omitted).

[80]      Office of the Children's eSafety Commissioner, Submission 74, pp. 3–4.

[81]      Australian Christian Lobby, Submission 285, p. 11.

[82]      Australian Christian Lobby, Submission 285, p. 12.

[83]      Australian Christian Lobby, Submission 285, p. 11.

[84]      Australian Christian Lobby, Submission 285, pp. 11–12.

[85]      Australian Council on Children and Media, Submission 73, p. 3.

[86]      Australian Council on Children and Media, Submission 73, p. 4.

[87]      Australian Christian Lobby, Submission 285, p. 13.

[88]      Collective Shout, Submission 288, p. 12.

[89]      Electronic Frontiers Australia, Submission 116, p. 2.

[90]      Electronic Frontiers Australia, Submission 116, p. 3. In Senate estimates, ASIC advised that although it blocked 'a very large number of sites, around 253,000...the vast majority—in excess of 99.6 per cent—contained no substantive content'. Mr Peter Kell, Deputy Chairman, ASIC, Senate Economics Legislation Committee Hansard, 4 June 2013, p. 114.

[91]      Burnet Institute, Submission 61, p. 5.

[92]      Communications Alliance, Submission 93, p. 7.

[93]      Communications Alliance, Submission 93, p. 9.

[94]      Yourtown, Submission 249, p. 21.

[95]      Ms Zahra Stardust, Submission 287, p. 12.

[96]      Dr Flood discussed this in his submission: see Submission 250, p. 25. Dr Flood remarked that 'After I have given workshops for parents on young people and pornography, some parents have come up to me and asked, "What pornographic websites should my son be looking at?"'.

[97]      Gold Coast Centre Against Sexual Violence, Submission 77, p. 5.

Chapter 4 - Next steps

[1]        Ashcroft v American Civil Liberties Union, 535 US 564, 567 (2002).