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Man charged over (sharing) viral baby-swinging video

Dean

i!i!i!i!i!i!i!i!i!i!
NLC
Asher Moses
December 8, 2008 - 12:12PM

baby11_wideweb__470x351,0.jpg

A scene from the clip and, inset, Chris Illingworth.

A Queensland man has been charged for re-publishing on a video-sharing site a viral video of a man swinging a baby around like a rag doll.

The controversial three-minute video had already been published widely across the internet and shown on American TV news shows. The clip can still be found online today.

Chris Illingworth, 60, a father of four from Maroochydore, thought he would share it with fellow users of Liveleak, a site similar to YouTube but focused on news and current events. In two years, he has uploaded hundreds of videos to Liveleak.

His home was raided on Sunday, November 30, by Queensland Police from Task Force Argos, which specialises in combating child pornography and child groomers.

He was charged with using the internet to access and publish child-abuse material and is scheduled to appear in court in Maroochydore on December 18.

It is understood that he had no involvement in the creation of the video, which cannot be published on this website for legal reasons.

The baby is laughing and smiling at the end of the clip, but the video has attracted criticism from child-welfare advocates because of how vigorously the man swings the baby by its arms.

In a phone interview, Illingworth described the clip as a "common interest story" and rejected any suggestions he was a child abuser or interested in such material.

He said that since being charged he could not eat, sleep or work and was worried his children and people in the local community would think he was a pedophile.

"I've had to go down to the hospital, my blood pressure is 160/108 and I'm on blood pressure pills and valium - all because of this," he said.

"Do they realise what pain they put someone through? I could fall over dead over this. I can't even get the office work done. I'm just a zombie."

Queensland Police confirmed the charges but refused to comment, saying it would be inappropriate as the matter was before the courts.

Illingworth said his life changed the moment two officers - a detective chief inspector and a detective chief constable - banged on his door and demanded they search his house.

"I went to turn on the laptop and they got stinking mad, as if I was trying to delete something I guess, and I was just trying to be helpful," he said.

The officers plugged a small black box into his computer and proceeded for an hour and a half to analyse the contents of his hard drive in a search for child pornography.

Illingworth said the officers insisted on visiting his office at a mechanic workshop to examine his computer there. They found nothing, Illingworth said.

Before being taken to the police station, Illingworth was allowed to make one call, which he used to phone the owner of Liveleak in Britain to ask that the video be removed.

He was advised to get a lawyer but declined as he was unable to find one on a Sunday afternoon, he said.

At Maroochydore police station, Illingworth was interviewed without a lawyer. He was forced to provide fingerprints, a DNA sample and a mug-shot photograph.

"They wouldn't let me go to the toilet without them coming with me - I couldn't go anywhere without someone following me," he said.

The officers explained to Illingworth that they traced him using his IP address after someone in Britain reported the video clip to police. Interpol had found the clip was originally uploaded to a Russian website.

"It's going to ruin my f---ing life and everything. I'm 60 years old and what did I do wrong?" Illingworth said.

"I didn't make it, I didn't play with a baby, I just uploaded it [the video clip]. It's nothing sexual or anything else - just a smiling baby."

Liveleak owner Hayden Hewitt has published a video on the site defending Illingworth and calling on members to help publicise the incident and "fight injustice".

"Clearly the behaviour in the video is reckless, but I couldn't say it's abuse," he said.

Colin Jacobs, vice-chairman of the online users' rights lobby group Electronic Frontiers Australia, said public anxiety around the depiction of children seemed to have spiked in recent times, fuelled by politicians and anti-child-abuse campaigners.

"It's now reached the point where any parent would have to think twice about posting a photo of their children to a photo-sharing website," he said.

"Cases like this seem to indicate that we've gone beyond the point of the sensible and entered into hysteria territory."
 
Thats ----ing crazy bull----... Amazing they arent going after the others who posted it previously...
 
Let's get reasonable here before we start making assumptions based on what we read on the Papers or the Internet.
Why would the Police charge him just for uploading that video? Doesn't make sense to me at all.
Also, the article mentions they found nothing on his Office computer. It said nothing about his Laptop. Maybe something was found.

Now, if it is the case that the Police are charging him just for uploading that video to Liveleak, then they have a lot of explaining to do and a hell of a lot of apologising to do also.
 
Retarded police force.

Err... Dan, they said that nothing was found by the black box in his laptop?
 
Retarded police force.

Err... Dan, they said that nothing was found by the black box in his laptop?

No they didn't:

The officers plugged a small black box into his computer and proceeded for an hour and a half to analyse the contents of his hard drive in a search for child pornography.

Illingworth said the officers insisted on visiting his office at a mechanic workshop to examine his computer there. They found nothing, Illingworth said.
 
Technically "they found nothing" should mean that they found nothing in the course of their investigation, not that they just found nothing on the work computer. Since it's a paraphrase and not a direct quote/transcript it's a little harder to tell.
 
Yeah. Right now I am keeping an open mind on the matter until the court case has finished.
 
Didn't Australia recently pass a country-wide blacklist/censorship that will ban pretty much all pr0n?


Australia, the new North Korea.
 
Didn't Australia recently pass a country-wide blacklist/censorship that will ban pretty much all pr0n?


Australia, the new North Korea.

Apparently so, BUT, that won't stop anyone from getting sweet access to it anyway.

What do they think we all are? Bogans always with beer in our hands...
 
The plot thickens

Queensland Police say it is a crime for anyone to even watch a viral video of a man swinging a baby around a room.

Chris Illingworth, 60, a father of four from Maroochydore, was charged after he posted the video, which he stumbled across on YouTube, on an internet site.

The video, which shows the man swinging the baby by the arms, was broadcast on US television and has been viewed by hundreds of thousands of people online.

Illingworth's home was raided after he posted the clip on Liveleak. He was charged with using the internet to access and publish child-abuse material.

The charge has proven controversial because the baby - reportedly part of a Russian circus family - is shown laughing and smiling at the end of the clip.

Online rights activists and academics say the case has far-reaching implications for individuals sharing content online, as it is now clear they can be held just as liable as traditional publishers.

Online users' lobby group Electronic Frontiers Australia (EFA) has contacted Illingworth to provide him with help in fighting his case.

EFA vice-chairman Colin Jacobs said the law was a blunt instrument and no blunter than when applied to the internet.

"Any internet user could stumble upon these sorts of 'viral videos', which are a far cry from the organised child abusers against whom the laws are targeted," he said.

"I think that now Australians could justifiably feel very afraid that casual internet use might bring the police to their door."

Australian laws concerning the publication of such material are far stricter than in many other countries.

Here, news stations have shown only the beginning and end of the clip, while this website has been advised by lawyers not to show any of the clip at all.

In a statement, Queensland Police said the term "child-abuse material" even extended to clips in which a child "appears" to be a victim of cruelty.

The clip, criticised by child-welfare advocates because of how vigorously the man swings the baby, was created without any involvement of Illingworth, who has published hundreds of other clips on the Liveleak site.

Queensland Police from the anti-pedophile squad Task Force Argos raided Illingworth's home on November 30. He was subjected to a thorough forensic examination of his home and office computers and a gruelling interview over several hours, complete with fingerprinting and mug shots.

Asked to respond to claims by Illingworth that he was targeted unnecessarily and unfairly labelled a child abuser, Queensland Police said it was a crime "to participate in the exploitation and abuse of children by seeking to view, possess, make or distribute child-abuse or child exploitation material".

It provided a definition of "child-abuse material", which was any material that shows a person under the age of 18 who "is, or appears to be, a victim of torture, cruelty or physical abuse".

"Task Force Argos are continuing to work with international law enforcement partners to identify the child depicted in the video clip to remove him or her from further harm," Queensland Police said.

David Vaile, executive director of the University of NSW's Cyberspace Law and Policy Centre, agreed with Queensland Police but said many people were not aware that they could be held liable for content they republished online.

"If something you upload and republish on the internet is a video of what appears to be abuse of a child, you can't be that surprised when it is caught by laws trying to suppress the publication and distribution of 'child-abuse material'," he said.

"Publishing capability has been democratised and decentralised, but so has liability and responsibility."

Illingworth, whose reputation has been tarnished after the incident was featured in a story in his local Sunshine Coast Daily newspaper, said he was meeting his MP, Peter Slipper, this afternoon in an attempt to pressure police to drop the charges.

Illingworth said it was unfair that he was being labelled a child abuser over a video he didn't make, when the late Steve Irwin was let off for dangling his baby near the open jaws of a crocodile.

Earlier this week, Illingworth said that since being charged he could not eat, sleep or work and was worried his children and people in the local community would think he was a pedophile.

"I've had to go down to the hospital. My blood pressure is 160/108 and I'm on blood pressure pills and valium - all because of this," he said.

"Do they realise what pain they put someone through? I could fall over dead over this. I can't even get the office work done. I'm just a zombie."
 
Jayzus. I'm moving back to Ireland. It will come to a position here in Australia where you won't even be allowed to hug your own son or Daughter, never mind play with them, and you'll be branded a child abuser?
This is ----ing ridiculous!
 
Jayzus. I'm moving back to Ireland. It will come to a position here in Australia where you won't even be allowed to hug your own son or Daughter, never mind play with them, and you'll be branded a child abuser?
This is ----ing ridiculous!

Just wait until the p0rn filter goes in... Then we'll ALL move to Ireland with you Danno!
 
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