Up skirt, down blouse, side boob – thou shalt not record it

As if we really needed a legal definition of this.  Sometimes real life is just so much funnier than it intends to be.

A Tauranga man who secretly filmed down a woman’s blouse has failed in a bid to claim the law only prohibits filming up a woman’s clothing.

Leonard George Diffin, 54, tried to argue the unusual legal loophole in peeping Tom laws which aim to stop illegal intimate recordings being made.

You have to give Leonard some credit here for giving it a try.  

Diffin also appealed another charge related to recordings of an elderly woman’s bra and cleavage. It was on this count that he trotted out his unique legal defence.

The Court of Appeal summarised his appeal, saying it raised one question of law: “Whether the legislation prohibits ‘down-blouse’ recording” as opposed to what is normally referred to as “up-skirt” recording.

Diffin’s lawyer argued that “because [the law] only speaks of recordings made ‘from beneath or under’ clothing, it prohibits only ‘up-blouse’ or ‘up-skirt’ recording”.

Delivering the decision for the Court of Appeal, Justice Forrest Miller said the “distinguishing quality” of the recordings was whether it “captures a view of the woman’s breasts that she did not intend others to see”.

Justice Miller said “under” did not only mean “lower than” or “beneath”.

“In context, ‘under’ connotes ‘inside’ or ‘within’ clothing. Commonsense supports this analysis. Because it opens at the neck, a blouse or similar common upper garment is more likely to reveal a view of the breasts from above than below, and we see no reason why the legislature should have chosen to permit one and prohibit the other.”

The judge said the legislative history showed the law was colloquially referred to as “down-blouse and up-skirt recording”.

So it is still legal to look, but not to record.

I think.

Illegal down-blouse recording?  That’s going to cramp the style of people in shopping mall atriums for sure.


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  • Mr_Blobby

    Understand the look but not touch rule, but really they are just boobs.

    • Dave

      Perhaps he thought he was following forest and bird guidelines lol…. Take only photos, leave only footprints……..

      1) Wear dark glasses
      2) A quick GLANCE only
      3) Never stare
      4) Never ever record
      5) Never younger than one’s own children (and all over at least 18….)

      As I say to my wife, if the “thing/object” we admire is exceptional and on display for all, why not. I love the sight of a sleek high performance sportscar. That doesn’t mean I’m about to steal it and test drive it, why shouldn’t I admire a nice female body, that the owner has put “on show”.

      • Mr_Blobby

        They are still just boobs, most females on the planet have them, billions of them *2.

  • Patrick

    What is wrong with these losers? Why didn’t this desperado get $100 together & visit a whorehouse, he could pole vault around looking at all the boobs he wanted to.

    • Mr_Blobby

      $100. I have it on good authority the Whale boy pays a lot more than that, the going rate plus a premium.

      • P1LL

        Are you off your meds blobby ? You are posting a lot of nasty posts lately directed @ your so called whale boy.

      • GazzW

        Put up or shut up Mr B. Name your good authority.

  • peterwn

    Now law schools will start including this case in first year ‘Statutory Interpretation’ classes.

  • Col

    This is a bit of a tit story?

  • Tom

    WTF does anyone get out of it. Its right up there with sniffing underwear. You would really need to stop and think what a sick fuck you are.

  • thehawkreturns

    Confusing though. It is legal to photograph members of the public in public places. If the boobs are on display then they can surely be photographed. Some boobs will need more zoom than other,s I suppose. I can’t see the legal difference versus a video system. Will the law be guiding us as to the maximum angle we can admire/record from? Perhaps a thirty degree declination – otherwise you are a rapist! Sounds like legal tits to me.

  • GazzW

    Who paid for the failed appeal?