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  11:11 GMT 09 February 2010
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news 3 October 2007

Police investigate Goldin photo

Police are investigating a photograph taken by American photographer Nan Goldin, re-opening the debate as to whether legal restraint should take precedence over artistic freedom.

The image, titled Klara and Edda Belly-dancing, was due to go on show as part of a major exhibition of Goldin's work at the Baltic Centre for Contemporary Art in Gateshead. It is part of an installation of 139 images called Thanksgiving, which documents the photographer's life from 1973 to 1999.

But it was pulled after staff at the gallery raised concerns about the image, which shows two young girls dancing - one of which is lying on the ground with no clothes on and her legs apart.

Northumbria Police was asked in to advise the gallery and has now launched an investigation in partnership with the Crown Prosecution Service as to whether it might be considered 'indecent'.

A spokesman told BJP that Northumbria Police could not comment any further on the case as it is an ongoing investigation.

In an interview with the BBC - the only one the gallery has given - Baltic's chairman, Sir Ian Wrigglesworth, defended his staff's actions: 'We had an exhibition of 139 photographs and the management of Baltic thought this particular one was possibly beyond the pale. So the management took advice from the police as to whether it should be put on display or not ... When that doubt was raised about this particular image, advice was taken and I think the management behaved extremely responsibly, and did what most people in the public would want them to do.'

The story has gained extra prominence because the collection is owned by Sir Elton John, who has released his own statement pointing out that, 'The photograph exists as part of the installation and has been widely published and exhibited throughout the world'. The statement continues: 'It has been offered for sale at Sotheby's New York in 2002 and 2004, and has previously been exhibited in Houston, London, Madrid, New York, Portugal, Warsaw and Zurich without any objections of which we are aware.' It adds that the installation was purchased from White Cube gallery in London in 1999, and the installation is presently on loan to the Baltic.

The image was also published by Phaidon in Goldin's monograph, The Devil's Playground. It is within a chapter titled From here to maternity, showing images of Goldin's friends becoming parents. Richard Schlagman, publisher at Phaidon, told BJP that there was no controversy about this particular photograph when the book was published in 2003. 'Our in-house lawyer did look through the images in the book but found nothing problematic.' Schlagman added that he isn't aware how any CPS ruling on the image would affect Phaidon, which is still selling the monograph in bookshops around the world. He concluded: 'It is our role to publish art and this is art'.

The image will also go on show in Sweden next month as part of an exhibition celebrating Goldin as winner of this year's Hasselblad Prize. A spokeswoman told BJP that lawyers are aware of the situation but that the image is currently included and will be on view from 10 November.

In the meanwhile, Goldin herself has refused any interviews, but friends and colleagues have jumped to her defence. Gigi Giannuzzi from Trolley Books, who published her monograph Ten Years After in 1997 and himself features in The Devil's Playground says: 'The photograph, the photographer and the buyer are beyond any suspicion. The kids in the image are playing as kids should. The photographer has taken a photo as she usually does, with her Leica, which is constantly attached to her neck. Only the particular times in which we live brings us to assume that there is something pornographic'. He continues: 'According to the law in this country, an image is considered indecent if it involves somebody under 18 years of age involved in a sexual activity or being sexually provocative. And this is not the case for this picture.'

The CPS investigation continues. Meanwhile, Thanksgiving will run at the Baltic without the picture until 20 January next year.

Just hours after BJP went to press, Sir Elton John requested that the Nan Goldin exhibition at the Baltic Centre be closed down. More details will follow in next week’s issue of BJP.

Visit www.balticmill.com.

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