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Female breasts that could be seen in crowd scenes were scrambled. Neither video showed any sexual images other than gay men kissing, the judges said. They promote hatred that I think would be unacceptable if directed towards Maori." Justices Sir Ivor Richardson, Thomas Gault, Ted Thomas, Sir Kenneth Keith and Andrew Tipping said in yesterday's decision that censors should take a fresh look at the videos before reaching a new decision.
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"Those videos are full of hatred towards homosexual women and men. "I'm particularly antagonistic towards censorship, but you have to weigh things up. It undervalued freedom of expression." But Auckland University Aids researcher Heather Worth felt that the hateful tone of the videos should outweigh the right to free expression.
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One doesn't have to agree with the ideas - but it's frightening that ideas can be censored." The president of the Auckland Council for Civil Liberties, Barry Wilson, also hailed the decision as a victory for free speech. "I think freedom of speech is worth fighting for. The lawyer for Living Word, Paul Rishworth, said after yesterday's victory that an important principle was at stake - whether opinions could be banned. The film board unanimously found when banning the videos that they portrayed homosexuals and people with Aids as "inherently inferior." The tapes "went beyond mere advocacy of an opinion," were riddled with misinformation and used dishonest editing and emotive propaganda to spark fears of a gay conspiracy. That element was lacking, therefore the censors had exceeded their jurisdiction and the High Court was wrong to uphold their ban.
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The five appeal judges said the videos had to depict sex in a way that was injurious to the public good to be banned.
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The new ruling followed a High Court decision on March 1 that the ban was justified, and means the censors will have to review their decision. But after a four-year legal battle, distributor Living Word yesterday won its argument that the Film and Literature Board of Review stepped outside its jurisdiction. The 1989 United States videos, Aids: What You Haven't Been Told and Gay Rights/Special Rights: Inside the Homosexual Agenda, were banned here in 1996. By SCOTT MacLEOD A Court of Appeal ruling that censors had no right to ban two videos accused of gay-bashing is being hailed as a victory for free speech - or for hatred.