World Jun. 07, 2008 - 05:00AM JST ( 3 )

SYDNEY —

An Australian artist whose photographs of a naked adolescent boy and girl sparked accusations of child pornography and led to the seizure of his work will not be charged, police said Friday.

Prosecutors had advised that there was “no reasonable prospect of a successful conviction” over the nudes taken by acclaimed photographer Bill Henson, said Assistant Commissioner Catherine Burn.

Police shut down Henson’s exhibition ahead of its opening last month, seizing some 20 works from the Roslyn Oxley9 Gallery in Sydney’s upmarket Paddington and saying charges would likely be laid.

But Burn said Friday she had been informed by the Director of Public Prosecutions that any case based on the photographs would likely fail.

“Matters involving the law and art are notoriously difficult and that is why police sought this advice,” she said in a statement.

“We looked at the possibility of breaches of the Crimes Act. The advice given to us is that a successful prosecution was unlikely.”

Police investigated the images—one including a portrait of a naked 13-year-old girl in which her breasts were visible—following complaints from the public.

The dramatic closure of the exhibition shortly before it was to open on May 22 triggered fierce debate in the country, with Prime Minister Kevin Rudd declaring the works “absolutely revolting”.

As child protection activists called for Henson to be charged over the images, artists such as Hollywood star Cate Blanchett rallied behind him, saying stifling art would damage Australia’s international reputation.

Henson, who had not commented since the exhibition was shut down, welcomed the news that there would be no prosecution.

“It is reassuring to see existing laws, having been rigorously tested, still provide a framework in which debate and expression of ideas can occur,” he said.

Gallery director Roslyn Oxley said she had received support from not only the arts community, but ordinary Australians concerned about free expression.

“These messages give us faith that our society really is as we believe it to be—one that is open to frank debate and inquiry and not afraid to voice differing views,” she said.

The police decision not to press charges came as the Australian censor found that the image of the naked girl was mild and “not sexualised to any degree.”

The Australian Classification Board said its review found the photograph was “mild and justified.”

AFP