Nude pics 'non-pornographic'

2008-06-06 15:21

Sydney - Photographs of nude teenagers that prompted police to close a gallery exhibit in Australia's biggest city and launch an obscenity investigation were cleared on Friday as non-pornographic, and police dropped their case.

Police announced that no charges would be laid in connection to the photographs by leading Australian photographer Bill Henson.

The decision appeared to clear the way for the re-opening of the Henson exhibit at Roslyn Oxley9 Gallery. Police shut down the exhibit hours before it was to open May 22 and confiscated dozens of photographs of naked adolescent boys and girls to investigate whether they violated obscenity laws.

However, it was not clear on Friday what the gallery intended to do. The gallery referred questions to Henson's publicist, who was not immediately available for comment.

Henson, 52, a renowned artist whose work is displayed in galleries around the world, has not spoken publicly since the controversy erupted.

G rating

A spokesperson for Australia's Classification Board, speaking on condition of anonymity under board policy, said six photos had been referred to them. The board gave five of them a G rating, and one a PG.

The PG photo - of a 13-year-old girl - was used on the cover of the invitation to the exhibit. It was believed to have caused the initial complaints that led to the police shutdown of the exhibit and investigation into possible obscenity charges against Henson.

The image "creates a viewing impact that is mild and justified by context ... and is not sexualised to any degree," the board found.

Following the ruling, the New South Wales police said their investigation had concluded. In a statement the police said they had been advised by the Director of Public Prosecutions that there was "no reasonable prospect of a successful conviction".

"Matters involving the law and art are notoriously difficult and that is why police sought this advice," the statement said, adding that the portraits would be returned to the gallery.

Censorship versus art

The police investigation set off a debate over censorship versus art, with Prime Minister Kevin Rudd calling the photos "revolting".

He was countered by actress Cate Blanchett and other artists, who argued that creativity was being stifled.

Rudd said on Friday that he stood by his views of the work, but that the matter was for independent bodies to decide.

At least three other art galleries in Australia were contacted by police about their Henson collections, and some took the pieces down from the walls while the case was under investigation.

Henson's work, known for its use of light and dark shading, encompasses a wide range of subjects - landscapes, cloudscapes, suburban and rural life, young people and old people.

- AP