Judge Dismisses Charges Against Publisher (Press, 25 November 1986)
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Summary: Judge Dismisses Charges Against Publisher (Press, 25 November 1986)
On 25 November 1986, a District Court judge in Auckland dismissed charges against Lawrence Publishing Company and its director, Tony Katavich, regarding the importation of an indecent publication linked to "Out" magazine. The charges stemmed from a male nude calendar published by the magazine, which the judge, Mitchell, characterised as "unwholesome" but not necessarily harmful. He noted that while many might consider the calendar offensive, it did not meet the legal threshold of being deemed indecent due to a lack of evidence indicating it caused actual harm. In the court case, clinical psychologist Aloma Colgan provided testimony arguing that while the calendar could potentially shock young girls, it was not harmful. Colgan stated that community concerns over sexual attacks and abuse stemmed from a lack of appropriate education about sex and a poor understanding of nudity, rather than from exposure to non-violent representations of nudity. She asserted that the calendar did not depict nudity in violent contexts or encourage negative behaviour. Judge Mitchell referenced previous guidelines established by the Court of Appeal, which clarified that for a publication to be deemed indecent and warrant censorship, it must be shown to cause actual harm or have the capacity to do so. His ruling supported the principle that mere offensiveness or unwholesomeness was insufficient for legal action against the publisher. Following the judgment, Carol Douglas, a spokesperson for "Out" magazine, commented that the court's decision reflected the majority viewpoint in New Zealand, advocating for individual rights to select what they choose to read, view, or possess without external imposition.
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