ARTISTIC merit will no longer be a defence for the use of images of children deemed to be pornographic under the recommendations of a working party set up by the NSW Attorney-General.

If the recommendations that John Hatzistergos releases today become law, a person producing, distributing or possessing such material could still argue artistic merit but once the material was ruled to be pornographic the defence would lapse.

Bill Henson...artwork prompted furore. Credit:Adam Hollingworth

''The working party's report suggests that once such material has been found to be unlawfully pornographic, whether or not it is intended to be art, is irrelevant,'' Mr Hatzistergos said.

''Instead, the report recommends adopting Commonwealth provisions, which require that once a court has considered arguments that certain material is art and reached a determination that it is nevertheless unlawfully pornographic, no further defence of artistic merit is available."