Jun 29, 2015 10:00 AM PDT    Text size: 

MELBOURNE — Sex Party MP Fiona Patten has introduced a motion to overturn a ban on the sale and exhibition of X 18+ videos in the Australian state of Victoria.

Patten, who has led the Australian Sex Party since its foundation in 2009, became a recognized political force in Australia after she became a member of parliament in December.

After the win, Patten told XBIZ that she wanted to move forward with the legalization of hardcore films and anti-discrimination laws for people in the adult industry.

Patten, in her motion to make X 18+ films legal for sale, told a legislative panel that such videos “contain real depictions of actual sexual activity between consenting adults in which there is no sexual violence.”

"It may come as a surprise that in 2015 in most states of Australia, the sale of X-rated sexually explicit films is a criminal offence. This same material is legal to possess, purchase and view — only the sale is illegal," Patten told XBIZ.

Patten, a longstanding adult entertainment industry lobbyist who was formerly CEO of the Eros Association, which represented adult retailers, called the current ban “illogical” because porn consumers can purchase X 18+ videos from interstate or from overseas and legally keep it in Victoria.

Currently, X 18+ films are legal for sale and exhibition in Australia only in the Australian Capital Territory and Northern Territory states.

"This is the first time that an Australian state parliament has seen a notice of motion to legalize the sale of X-rated sexually explicit films since the states all banned them some 30 years ago," she said. "For many of my younger colleagues in parliament there was a look of disbelief. I saw them mouth to me, “but you can get that on the Internet ... WTF?”

The current structure is not only illogical but has enabled the availability of pirated and refused classification films that may feature sexual violence, Patten said.

Patten called for a change to the Classification (Publications, Films and Computer Games) Enforcement Act 1995 “to allow the sale and exhibition of X 18+ films” in Victoria. She said Australian Law Reform Commission recommendations should also be matched.

"The notice of motion, if successful, will end the unsuccessful 30-year ban and institute a system where we can ensure sexually violent material is not sold and the sale of X-rated films is restricted to adult stores," she said.

Patten said that having made the transformation from CEO of Australia’s top adult industry group, the Eros Association, to MP last November, reading the motion in Parliament was a very sweet moment.

"Looking at the big picture, this has been a victory for the Eros Association and the professionalism of those adult traders in Australia, who have supported the association over all those years," she said. "It shows that the adult industry can mount a successful political campaign in the face of religious bigotry and reactionary politics that would stop a lesser group of people.  It shows the wisdom of tithing a small amount of your profits into professional development and the promotion of the industry’s ideals. It also proves the value of being pig-headed and stubborn in face of overwhelming political opposition."

 "The Australian adult industry has learnt much from its U.S. counterparts," she said. "Larry Flynt’s courage and tenacity are legend here for people going in front of a judge. The Free Speech Coalition’s rigorous arguments and legal defence campaigns are also inspiring and ground breaking. But without wanting to boast, Australia has taken up the political cudgel and forged a new civil libertarian path right into Parliament."