What will eBay treat as "adult" or "sexually oriented" material?

"Adult" or "sexually-oriented" material includes, but is not limited to:

• Any visual representation of human genitals presented in such a manner as to suggest sexual activity.

• Any visual representation of any form of sexual intercourse involving humans.

• Any materials which require that individuals be eighteen (18) or older to view or purchase those materials.

• Any materials clearly designed to sexually arouse the viewer/reader, including adult anime and hentai items.

• Any items which, because of their nature or because of the item description, appear to be designed for use in sexual/adult activity, including sex toys, used underwear and items used for bondage or S & M activities.

• Any items which depict human sexual characteristics in a degrading fashion.

• Any item that portrays frontal nudity will normally be treated as "adult" material, with limited exceptions.

• Any services that include, as part of the service, any sexual/adult activity.

Publications, films and computer games:

• that are classified as RC (refused classification) or X;

• that have not been released in Australia or submitted for classification to the Office of Film and Literature Classification, including internationally released versions that significantly differ from the domestic release;

• that describe, depict, express or otherwise deal with matters of sex, drug misuse or addiction, cruelty, violence or revolting or abhorrent phenomena in such a way that they offend against the standards of morality, decency and propriety generally accepted by reasonable adults;

• that explicitly depict sexual activity between adults, where there is sexual violence, coercion or non-consent of any kind, in a way that is likely to cause offence to a reasonable adult;

• that describes or depict in a way that is likely to cause offence to a reasonable adult, a minor who is, or who appears to be, under 16 (whether the minor is engaged in sexual activity or not). This material is generally described as child pornography (see the warning above);

• that promote, incite or instruct in matters of crime or violence; and

• that are unsuitable for a minor to see or play

What will eBay not treat as "adult" or "sexually oriented" material?

Material that is not considered "adult" or "sexually oriented" includes but is not limited to:

• A small and insignificant part of a catalog, book, periodical, or other work which is not, as a whole, primarily devoted to sexual matters. This includes, but is not necessarily limited to pieces of artwork that may be considered fine art-such as certain paintings, carvings, figurines and other similar materials. Other examples include, but are not limited to, Michelangelo's David, certain (but not all) vintage pinup art, a renaissance-style painting of a nude female, and paintings like Raphael's, or nude cherubs in the form of human infants.

The majority of the reports we receive about adult/sexually-oriented material are related to magazines and videos. In considering whether to end them, we consider the overall content of the listing, including pictures and text. For example, if an item description leads us to believe the content of the listing is adult in nature as defined by this policy, that item will be ended. Please note that blocking the "risqué" parts of an image will not exempt the item from these standards.

Although these are the most common forms of media on which such material is found, eBay also receives reports about other media. These include drawings, paintings, photographs, sculpture and carvings, and comics (both still and animated). The same standards apply to all media.

eBay also occasionally reviews adult novelty items and retains a discretion whether or not to allow such items. Such items may include various types of toys, collectibles, or food items in the shape of genitalia primarily intended for adult buyers. These are generally not permitted. Some examples of such items are soaps, certain food items (such as pasta or candy), key chains and vibrators (massagers are permitted). Please note that titles with graphic adult language are inappropriate for this category, regardless of the item contained in the listing itself.

Items containing adult language may also be ended. The use of profanity is generally not permitted within item descriptions or titles, even if it is part of the item's title (such as with some CDs or movie titles).

Nudity is generally not permitted on the Australian site, with the following exceptions:

• Media - With regard to media, nudity is permitted to the extent it constitutes a small and insignificant part of a catalog, book, periodical, or other work, which is not, as a whole, primarily devoted to sexual matters. Movies with PG, or R rating and pre-1980 Playboy, Playgirl and Penthouse magazines are permitted, but no photographs depicting nudity are allowed in these listings. Unrated media/movies must state that they are intended for all audiences and viewable by minors.

• Artwork: With regard to artwork, nudity is permitted to the extent it is part of a piece of art that may be considered fine art-such as certain paintings, carvings, figurines and other similar materials. Examples include, but are not limited to, Michelangelo's David, certain (but not all) vintage pin-up art, a Renaissance-style painting of a nude female, and paintings like Raphael's, or nude cherubs in the form of human infants. In the photography categories and other art listings that are in fact photography (including certain vintage pin-ups), full frontal nudity is not allowed unless the item is "fine art" (done by a professional and exhibiting characteristics of professional artwork) that is not intended to arouse the viewer and the listing has no reference to sex or eroticism. Items that are posted in violation of the above guidelines may be ended. Sellers who repeatedly post inappropriate sexual items may be suspended.

• Collectibles: With regard to collectible postcards, pin-up photos and animation, topless and suggestive images are permitted only on items created before 1970, where the item description clearly states the approximate year of publication. Items that are posted in violation of the above guidelines may be ended. Sellers who repeatedly post inappropriate sexual items may be suspended.

• Other items - With regard to other items, nudity will be allowed only if images are limited to see-through or scantily-clad clothing where genitals/areola/nipples are not exposed.

  
  In circumstances where nudity is permitted:

  • There must be no more than two photographic images of nudity in the listing.

  • There must be no images portraying graphic sexual activity or graphic portrayals of human genitalia.

Certain items described with the term "erotic" or that appear to be otherwise designed to arouse the viewer might not be permitted on the Australian site, based upon the nature of the listing.

Members also have the option to make a complaint to the Australian Broadcasting Authority (ABA) regarding prohibited content or potential prohibited contact. For more information regarding the ABA complaints procedures please click here.

Alternatively, to review the ABA's Internet Industry Codes of Practice please click here.