Judge threatens jail if baby's image used in porn

By GREGG WYCHERLEY

The world's first pornographic movie depicting childbirth is set for production in New Zealand after a benchmark court decision clearing most legal obstacles.

The porn video, Ripe, featuring a pregnant former stripper known as "Nikki", can be filmed provided the baby itself does not make an appearance in the 100-minute film.

Department of Child, Youth and Family chief social worker Shannon Pakura had sought guardianship of the unborn child and a court order preventing filming of the birth.

But, in a 45-page decision released yesterday, High Court Justice Paul Heath placed the unborn child under the guardianship of the court, with the mother as agent, and left an opening for the movie to go ahead.

His decision, after a two-day hearing in the High Court at Hamilton, allows Nikki to be filmed during labour for pornographic use.

But he threatened a contempt of court charge, carrying a prison term, should any image of the baby appear in any pornographic publication.

Justice Heath said it was the mother's decision to be filmed while in labour, despite his belief that her desire to be a "star" had overridden her concern for her baby's welfare.

"If she wishes to participate in a pornographic film ... there does not seem to me to be any need for this court to interfere.

"All of that is legitimate activity; albeit activity which many in the community might regard as in bad taste or morally reprehensible."

He banned the use of an in-utero scan, but allowed the substitution of a doll for the baby after birth.

Steve Crow, owner of production company Vixen Direct, said the judgment would allow the movie, tracing "Nikki's sex life from conception to birth", to go ahead as planned.

" ... since we were only ever going to show, at the most, less than 20-30 seconds of the baby, it's really irrelevant."

Justice Heath adjourned the case until December 18 "to ascertain what steps have been taken since the making of these orders".