Want To See My Nipples?
Posted by MyLaowai on Sunday, July 22, 2007
This post relates to the recent case against Oiwan Lam, who is fighting an indecency ruling by the Obscene Articles Tribunal for posting an artistic photo of a topless woman that she found on Flickr. If the ruling is upheld she could face a fine of up to HK$400,000 and up to one year in jail.
If you live in Hong Kong you will be aware of the latest uproar over how the Television and Licensing Authority (TELA) and Obscene Articles Tribunal (OAT) operate. At the Hong Kong book fair this week, a book depicting a classic French painting of Cupid kissing Psyche on its cover was nearly withdrawn from the Hong Kong book fair because TELA inspectors deemed it indecent.
Several media-related decisions by the Obscene Articles Tribunal in the 1990s have resulted in much confusion and criticism. The following three appeals lodged by the now defunct Eastern Express newspaper vividly illustrate the kind of unreasonable and unacceptable interference that the OAT could have on the daily operations of the media (Eastern Express Publisher Ltd v Obscene Articles Tribunal  5 HKPLR 247). In ruling on the appeals, a High Court judge sharply criticized the OAT saying, “These cases have, in my view, involved a great deal of waste of time, money and valuable resources.”
The first appeal concerned an OAT determination in 1995 that an advertisement in Eastern Express depicting Michelangelo’s statue of David was indecent. The OAT maintained that it was not appropriate for the newspaper to publish a photograph of a statue of wholly naked male body with the penis fully exposed. In allowing the appeal by Eastern Express, the High Court judge noted that he had never, until then, heard any sensible person suggested that the statue of David was indecent. He considered the OAT conclusion as “totally incomprehensible” and one which could not have been reached reasonably given that the advertisement was published on an inside page of a serious English-language newspaper and was clearly intended to be read by normal, reasonable adults.
- Yan Mei Ning, Hong Kong Media Law: A Guide for Journalists and Media Professionals
Well, if showing your nipples is what it takes to upset those bastards, then I’m game for a fight. Behold, netizens, and be amazed, as I expose my nipples for the benefit of the underaged public: