sexually explicit items E Bay Australia

[site120]

Can anyone out there shed a little light on an issue I have had running with E Bay Australia for a while now, Adult Only material is forbidden on E Bay Australia, here is a quick run down on their guidelines regarding Adult Only item:

Anything designed for use in sexual or adult activities may not be listed on eBay. At our discretion we may remove items including, but not limited to:

• Adult-orientated domain names

• Anatomically-accurate sex dolls

• Any item which, because of their nature or because of the item description, appear to be designed for use in sexual/adult activity

• Netsuke (miniature Japanese sculpture) that contains nudity or explicit sexual content may not be listed

• Nude playing cards or trading cards

• Sex toys

  
   Now this is the policy on these items, why are there literally thousands of adult only listings on E Bay Australia from Australian sellers, besides the obvious(money), how does E Bay keep getting away with continually listing items and hosting online stores filled with adult items if it's in breach of their own policies???, complaining to E Bay does absolutely nothing, the ACCC won't touch it, can anyone point me in the right direction on this matter and which organisation I can make a complaint to, it's the fact that kids under the age of 18yrs have full access to E Bay and there is an abudance of very explicit material on E Bay Australia, there are also no warnings of adult material present on E Bay Australia on their home page or splash screens...thank you

[*crikey*mate*]

a frontal nude picture, a picture of a "personal massager" (or the variants), a picture of a bottle of lubricant, a person in bondage gear, a picture of a DVD etc and the other items provided as examples in this thread are not "depictions of adults engaged in sexual activity."

Furthermore, that definition does not cover a person/or persons who are under 18. By definition, if the actual people in a picture, regardless of what "compromising position" they may be in are 17 or younger, then according to that, this is not classified as pornography.

It really is essential to evaluate the information a person is reading and determine what it is really saying and to what it is actually referring.

The items about which information has been provided in this thread, are legal, to own, sell and supply in Australia. That is irrefutable. This thread is about eBay policy and it's consequent application and interpretation.

Whilst eBay do have particular policies in place, these policies are developed and applied with consideration to items included on the Thereputic List and a few other factors that they choose to impose.

The OP asked why certain items were not being removed by eBay. or carry ceertain warnings.

Examples were supplied.

The answer to that is that if they hadn't been removed, then it is likely that they are not required to have the warning, are not illegal and do not breach policy.

Just because we think theyv may be wrong, or that they should be classified in a certain way, treated in a certain way, are illegal, against policy etc, doesn't mean they are and do.

which is an explanation and an answer as to why eBay may not be removing them and allowing them to appear on the site.

[*crikey*mate*]

I have commented only on the information supplied in this thread.

I have not seen the items being discussed, so have no idea what is being removed and what is being left.

I have never come across the discussed items unless they have been brought up on the forums.

I have never seen any items, expected or otherwise during a general search that I felt breach policy to warrant that i report them.

eBay is the last place on Earth that I would look for or purchase items such as those being discussed.

We have seen some very creepy blatant stalking behaviour where members troll through huindreds of pictures in eBay photo albums, go to extraordinary lengths to find personal information and locate trading accounts, past purchases etc etc etc. We have seen this information then being displayed on the boards.

Nope there is not a chance in Hades that I'd ever contemplate buying items of that nature on here, so have no intention to search for them. (might see something I like and be tempted!)

The last time this topic came up (or it might have been the time before that, or the time before that) it was about a big bookseller and one of their books showed a close up of the female genitalia. The book itself was innocent, I think it was along the lines anatomy or biology and health, was not intended to be anymore sexually explicit than is needed to cover the health and working of that body part. It was just the outside view that a person would see if they were in the shower. It wasn't even presented in some uneccesary pose - was no different to a picture of an arm at rest beside a body, except for it wqas of a bit that polite society prefers is covered up in public.

We saw that was removed. It obviously breached policy. To say that eBay knowingly permit illegal activity, or ignore reports in order to breach their own policies etc, just doesn't add up.

If someone comes across an item which they think is either illegal or aginst policy, they are obviously free to report that item. If it is in breack or illegal (as that it IS, not that we think it is), I have no doubt eBay would remove it. If it isn't, for whatever reasons, then it will stay.

[thecatspjs]

Gosh, I am not sure any one but you has inferred that eBay knowlngly leave illegal listings.

The issue is I think that eBay are not on the job with identifying these listings and taking appropriate action against the seller, such as removing other listings of the same kind that breach policy. 

At a minimum the key words in descriptions should raise a flag with the bots - there is signficant "profanity" included in many and many list the items as sex toys. 

In relation to the content, all manner of "devices" are listed to view, and I have never had any doubt that these images are legal - just that most were restricted ebay items and against policy..

As it relates to this thread, the listings that I believe are illegal on an unrestricted site, are those that depict adult(s)s using the item being sold.

[*crikey*mate*]

yeah well, it has been evident throughout this thread that you have not been very sure of anything.

Your last line finally answers the simple question that I asked.

Now, that wasn't very hard, was it? If you didn't want to answer, then why not just say so? Or completely ignore any reference to it?

Thank you so much for finally providing an answer, as there is no way in the world that anyone could have worked out that this is what you believed to be illegal when you made that statement. As the items to which you referred had not been described to be of that nature.

That was very kind of you and extremely generous.

Have a good day.

[*crikey*mate*]

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@thecatspjs wrote:

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@site120 wrote:

Thank you for your posts and help, I have reported dozens of these E Bay Australia stores which are filled with Adult Only material over the last 6 months and to this date E Bay has done nothing to restrict what these E Bay stores are selling, in fact one of these stores just recently has included XXX rated dvd's in there items for sale, within the last week another E bay store has been posting pics in their listings of full frontal nude women showing breasts and genitalia, I thing this is totally wrong and certainly in breach of E Bay policies, the last correspondence I got from E Bay support was " I need to show some patience", E Bay needs to adhere to their policies and be allot more diligent with listings and I can tell you I am out of patience with E Bay and the appalling way they conduct business with sellers and buyers alike.......

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Bugger their policies, it is against the law

The double standards of this company never fail to leave me with a bad taste in my mouth

The pressure placed on sellers re buyer experience are at the highest level they have ever been, how does eBay inaction by leaving these items showing in Oz improve an unsuspecting buyers experience ? 

Having butt-plugs and such pop up in their searches  ain't the kinda experience that many of those searching toys or health and beauty products want nor expect

---

I asked to what you were referring when you quoted this post and made the statement that "it is against the law"

There is nothing evident here of concern to ACMA or the Federal Police, or otherwise illegal, so I was merely wondering what it was that you thought was.

The required warnings mentioned elsewhere relate to broadcast images, ie if eBay actually played the DVDs with the explicit content - websites like Red Tube.

There has been no discussion of beastiality, children or other acts which in themselves are illegal. Which is where the FP become involved.

This post or any other does not express that the picture on the DVD is bad, only that the content is not for general viewing.

Nor does this post indicate that the items in question were presented in such a way as to have people actually using them.

There is nothing here that indicates exactly what is considered to be illegal.

Anyway, it's great that members have been able to learn the answer to the OP, and also the correct and relevant regulatory bodies their respective functions and actions.

That should clear up at least most of what is considered to be legal - including the fact that material can be pornographic even if adults are not participating in the acts.

Now it seems it is just down to understanding the eBay policy, and as I said way back at the beginning, one point of call would be the Thereputic Listand it may then be understood why some listings may stay if reported whilst others are removed.

BTW, according to the policy, there are some circumstances where profanity in describing an item, is allowed. So without any of us knowing which items are being referred to, the reason that these listings are allowed/remain is quite possibly because they do not breach the policy or any relevant laws.

[*crikey*mate*]

LOL

I just looked at "fleshlight" as suggested earlier

hahaha

one of the "personal massagers" featured a rabbit (not a real one)

it was listed under health and beauty => disability aids!

I have to admit, I would be curious to know why or how that was the correct category for that item.

[thecatspjs]

I am not able to provide further detail of the images in question as it is against board policy.

I have, and will, continue to report any of the listings under discussion - and i am pleased to report that ebay continues to remove them.

[thecatspjs]

The listings are fairly obvious and it only takes a few seconds to find them, indeed I have spent all of 10 minutes on locating and reporting as a result of this thread.

[08.lukey60]

As to children seing adult items on eBay , where is the parental control, they only get on eBay if there allowed to so its a parents responsability to supervise children instead of using the computer as a baby sitter

[thecatspjs]

Over half of the batch of listings I reported via one of my buyers ids yesterday and today (bout 15 in total in 5 minutes) have been removed, however a number remain - including a particularly explicit R18+ listing that is not registered for importation into this country under the Therapeutic Goods legislation. 

I have (some) confidence though that eBay will remove it soon.

.