Portnoy's Complaint

Censorship

In 1969 the book was declared a "prohibited import" in Australia. Penguin Books, the Australian publisher, circumvented the importation ban by having copies printed in Sydney in secret and stored in fleets of moving trucks to avoid seizure under state obscenity laws.[9] A 1967 agreement between the Commonwealth of Australia and its states had put in place a uniform censorship effort against books on the federal banned books list. According to this agreement, books that were imported into the country would be handled by the Commonwealth, while the states would police local publication and distribution, using state laws to prosecute.[10] However, South Australia bucked the system when it came to Portnoy's Complaint, declaring that it would not prosecute sales of the work made to an adult who made a direct enquiry of the vendor, provided the books were kept behind the counter.[11]

Attempts to prosecute Penguin and any bookseller carrying the book were successful in Victoria and Queensland, but failed in Western Australia (where "works of recognised artistic, scientific or literary merit" were immune under the local statute, notwithstanding that they may have been obscene) and New South Wales, where prosecutors gave up after two trials resulted in hung juries. The book was removed from the federal banned list for importation in June 1971, the federal government recognising the absurdity that local publications could be sold legally in three states and the Australian Capital Territory. The Portnoy matter was a watershed in Australian censorship law, marking the last occasion on which the censorship of a literary publication came before the courts.[12]

Many libraries in the United States banned the book because of its detailed discussion of masturbation and its explicit language.[5]


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