Earlier quoted context omitted.
I’m talking about this case - https://www.abc.net.au/news/2016-01-12/nicolaas-bester-sente... I have no sympathy for the defendant, who is absolute scum of the earth. But, as a matter of principle, I don’t think it is right that posting an offensive Facebook comment is legally the same offence (“producing child exploitation material”) as filming heinous crimes against children. If they’d prosecuted him for harassment…
I still would like to pull the transcript ... > A former teacher at a private girls school in Hobart will return to jail after describing a sexual relationship with a former student as "awesome" on social media. It's the after that does a lot of lifting there, but it's certainly not "because". The article specifically notes: > Nicolaas Ockert Bester, 63, has been sentenced to four months in jail for producing child e…
Here's the appellate court decision, from his failed appeal – https://austlii.edu.au/cgi-bin/viewdoc/au/cases/tas/TASSC/20...
Unless the appeal court is suppressing the real story (an idea I find unbelievable), he was literally convicted of a child pornography offence on the basis of nothing more than making an offensive Facebook comment:
> In late February 2015 the applicant was involved in an on-line Facebook discussion about a political issue... In the course of that exchange, the applicant posted the following comment:
[I'll omit it, but you can find it quoted in the judgement, and the media appears to have filled in much or all of the "Offensive words omitted" part]
> The writing of that message constituted the offence for which the learned magistrate sentenced the applicant to 4 months' imprisonment. By creating that message, he contravened s 72A(a) of the Classification (Publications, Films and Computer Games) Enforcement Act. That provision reads as follows: "A person must not —
> (a) make or reproduce child exploitation material; or
> The words that the applicant wrote constituted material that described his former student, a person under the age of 18 years, in relation to their sexual activity, in a way that a reasonable person would regard as being offensive. His comment therefore constituted "child exploitation material" as defined.
This isn't what you call "Sky 'News' after Dark pearl clutching misrepresentation of an almost but not quite actual event" – it is literally what happened.
And as I said, Bester is scum, but the principle of the matter is concerning. The law, as drafted by Parliament and interpreted by the Courts, seems rather over-broad. And while this case was about Tasmanian state law specifically, laws in other Australian jurisdictions are rather similar.