Controversy over censor’s green light for sex-themed comic book

Australia’s censor has approved a comic book that illustrates sex and masturbation, after a two-year legal dispute and a court-ordered review.

Australia's Classification Review Board has refused to slap an adults-only rating on the graphic novel/comic book Gender Queer, after the Federal Court ordered a review of its original ‘mature’ classification for over-15s. This image from the book has been the subject of a two-year legal dispute over whether it depicts pedophilia.

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A comic book depicting sex, oral sex and masturbation can be stocked in school libraries after Australia’s censor approved the publication in a court-ordered ­review.

The decision ends a two-year legal dispute over whether the book Gender Queer, by Maia ­Kobabe, depicts pedophilia.

A Federal Court judge had ordered the federal government’s Classification Review Board to reconsider its original decision in 2023 to rate the book as M, not recommended for readers young­er than 15.

The board has now upheld its initial decision, refusing to ban or slap an adults-only rating on the 240-page book and endorsing its “literary, artistic and educational value’’.

“Gender Queer is an auto­biographical graphic memoir that explores themes of gender identity, asexuality and self-­discovery,’’ the review boards states in its fresh decision handed down last weekend, and obtained by The Australian.

“The publication includes depictions of sexual activity, nudity, and discussions on sensitive topics like puberty and sexual orientation. The graphic novel delves into the author’s evolving sense of self as a non-binary and asexual individual.

“While the (review panel) acknowledges that the publication may create discomfort for some readers, we find that the publication does not offend against the standards of morality, decency and propriety generally accepted by reasonable adults.’’

The review hinges on a complaint by conservative Catholic activist Bernard Gaynor, who claims the book depicts a “pedophilia fantasy’’.

He told the review panel that Gender Queer was ‘‘likely to cause significant harm and confusion, particularly to girls going through puberty who may be anxious or nervous about the bodily changes they face’’.

The review found that a “significant majority’’ of the 536 public submissions had demanded the book be banned for minors, citing concerns about “pedophilia, homosexuality, pornography, masturbation, oral sex and other sexually explicit content, and LGBTQIA+ issues’’.

The book Gender Queer by Maia Kobabe has been classified by the Australian Classification Board as Unrestricted. Source: Supplied.

The book depicts the author masturbating while fantasising about a scene of a naked bearded man with an erection, cupping the genitalia of a much smaller male character.

The review panel identified the illustration as a reference to a work of Ancient Greek pottery dated 400BC.

Lesley-Anne Ey, an associate professor in educational psychology and child protection at the University of South Australia, told the review panel that the image depicts “a sexual encounter between an Ancient Greek scholar and his student’’.

Dr Ey said the smaller figure is “a child aged approximately 12 years’’, based on its size and indicators of development.

The review panel stated in its decision that the context of pottery art “suggests that the image references the Ancient Greek practice of pederasty, or sexual activity between adult males and teenage boys’’.

“It is noted that these references require some cultural knowledge to decode or fully under­stand this context,’’ the panel states in its written decision.

“It is not possible to conclusively determine the age of either of the figures because of the highly stylised nature of the illustration. The most that can accu­rately be said is that the panel contains a depiction of an older-looking male and a younger-looking male.’’

The review panel “acknowledges that, in Australia, relationships between teachers and stu­dents are prohibited if the student is a minor’’.

“As Dr Ey notes, even if the participants are adults, such relationships pose a moral dilemma because of the power differential between a teacher and a student, and the inherent conflict of interest,’’ it states. “However, (the panel) does not agree that the image depicts ‘a sexual encounter between an Ancient Greek scholar and his student’ and considers this assertion to be conjecture not supported by the image.’’

The review board also rejected complaints about the book’s drawings of oral sex, mastur­bation while driving, “vagina slime’’, gushes of menstrual blood and the injection of testosterone – stating that they were “highly stylised and justified by context’’.

Conservative activist Bernard Gaynor won a Federal Court action to force the Classification Review Board to review its approval of the book Gender Queer. Picture: Lyndon Mechielsen

The Australian Library and Information Association told the review board the book, published in 2020, should be given an unrestricted classification – meaning young children could borrow it.

The review board revealed the librarians had argued that “restricting the publication denies access to affirming materials for vulnerable members of the community who are non-binary, transgender and/or asexual, many of whom are subject to prejudice and at risk of self-harm and suicide’’.

In its submission to the censor’s review, the ILIA said books such as Gender Queer, with a first-person narrative from a non-binary person, “play a particularly important role in reducing prejudice and increasing understanding … Theirs is a story that is not often told which can delay self-awareness and coming out to friends and family.

“Many of us take for granted that we will be able to see people like ourselves reflected in the pages of a book, and that representation is powerful.’’

The review board stated that the likely audience for Gender Queer “includes teen readers who may be negotiating similar issues’’.

“Generally speaking, the graphic novel format makes the heaviest topics more accessible to readers of all ages,’’ it says in its decision. “The unrestricted classification reflects the publication’s literary, artistic and educational value.

“The consumer advice of ‘M – not recommended for readers under 15 years’ – is appropriate to protect younger readers while ensuring older teens … retain access to diverse, important narratives.’’

Mr Gaynor, who has spent nearly two years trying to have the book removed from libraries, on Thursday said he was considering his legal options to launch another Federal Court challenge.

He said the review board’s ruling was “completely out of touch with the views of mainstream Australians’’.

“It has made the disturbing decision to approve this books so that it can legally be given even to small children,’’ he said.

The controversy follows the Australian Classification Board’s recent approval of the novel ­Ostend, by an Australian-based author using the nom de plume Maxsense Maximus, which depicts the violent gang rapes of young girls.