An internet cartoon showing characters modelled on Bart, Lisa and Maggie Simpson engaging in sex acts, is child pornography, a judge has ruled in a landmark case.
In February at Sydney's Parramatta Local Court, Alan John McEwen was convicted of possessing child pornography and using his computer to access such material.
He was fined $3,000 and required to enter a two-year good behaviour bond in relation to each offence.
McEwen appealed against the conviction, but it was dismissed in the NSW Supreme Court on Monday, with Justice Michael Adams concluding a fictional cartoon character is a "person" within the meaning of Commonwealth and NSW laws.
"The alleged pornography comprised a series of cartoons depicting figures modelled on members of the television animated series The Simpson," the judge said.
"Sexual acts are depicted as being performed, in particular, by the 'children' of the family.
"The male figures have genitalia which is evidently human, as do the mother and the girl."
He noted the figures made no pretence of imitating any actual, or fictional human beings.
Not that I'm advocating watching those cartoons and frankly I can't understand how anyone would be aroused by that stuff, but if fictional characters are to be considered actual people in the eyes of the law, wouldn't watching any TV show, movie or Internet cartoon that depicts murder make us an accessory to the crime? Don't get me wrong, I find that stuff disturbing and gross but to equate it to actual child pornography, to suggest it's just as heinous and warrants prosecution for possession of child pornography, strikes me as a bit of an overreaction.
