Victorian artist's child porn charges dismissed

Artistic expression has won a court battle for a man accused of using child pornography in a Melbourne art installation.

Controversial artist Paul Yore, 26, was charged with producing and possessing child pornography over an exhibit that included images of nude adults with children's faces attached.

But Magistrate Amanda Chambers today threw out all charges against him.

She said the collages did depict underage people but, with the exception of one image, they did not constitute child pornography.

"The images have been created, in a clearly artificial way, by pasting the faces of boys over adult bodies," Ms Chambers said.

"They are to be viewed in the context of the artwork as a whole.

"It is apparent to any reasonable observer that the image depicted is not, in truth, a child but an adult juxtaposed with a child's face."

Mr Yore's work, titled "Everything is F***ed", was on display at St Kilda's Linden Centre for Contemporary Art last year and was planned as an homage to the artist Mike Brown.

The exhibit included balloons, electric lights, sex toys and numerous depictions of pop singer Justin Bieber.

Ms Chambers said one of the more confronting images, which suggested a lewd act, did come under the definition of child pornography but found it was covered by a classification defence.

The Australian Classification Board last year deemed the exhibit Category 1 Restricted and the gallery put up signs stating it was unsuitable for minors.

Ms Chambers said Mr Yore's work would divide opinion, offending some people while others would see it as a right to freedom of expression.

"Clearly Paul Yore's work is confronting, and intentionally so," she said.

She also suggested the manner in which police seized Mr Yore's images, by cutting them down with a knife, could have been outside the realms of their search warrant.

Mr Yore's art dealer Geoff Newton said the artist was happy to have the court battle behind him.

"Paul is glad to see the end of what has been a long and drawn out process," he said in a statement.

He said Mr Yore was very grateful for the support of his friends and family, and the broader arts community.

The prosecution has been ordered to pay Mr Yore's legal costs.

Mr Yore had pleaded not guilty to the charges against him.