Internet Classification
Under the Films, Videos, and Publications Classification Act 1993 the Office of Film and Literature Classification has jurisdiction to classify any ‘publication’ as unrestricted, restricted, or objectionable (banned). Section 2 of the Act defines a publication as:
a) any film, book, sound recording, picture, newspaper, photograph, photographic negative, photographic plate, or photographic slide:
b) any print or writing:
c) a paper or other thing that has printed or impressed upon it, or otherwise shown upon it, 1 or more (or a combination of 1 or more) images, representations, signs, statements, or words:
d) a thing (including, but not limited to, a disc, or an electronic or computer file) on which is recorded or stored information that, by the use of a computer or other electronic device, is capable of being reproduced or shown as 1 or more (or a combination of 1 or more) images, representations, signs, statements, or words:
Censorship of computer files from the internet comes under clause (d) above.
Internet-sourced publications are subject to New Zealand classification law when they are downloaded to a computer in New Zealand, and films and games supplied to the New Zealand public via download must comply with New Zealand law. The Classification Office can classify publications such as a print-out of a webpage; images, moving images or files from a website; emails and chat logs.
The Classification Act has jurisdiction over websites if they are operated or updated from New Zealand. For example, if somebody in New Zealand uploads objectionable content to a website hosted overseas, they can be prosecuted for distribution and supply, as their actions would have made this content available to people in New Zealand. For more information read this article about objectionable computer files.
Chat logs are subject to the law and chat rooms likely to be of concern are monitored by the Department of Internal Affairs. The Office has classified clips from YouTube as well as other material from websites. The majority of computer file submissions have been from censorship enforcement agencies or from the Courts. An article on a 2005 court case regarding objectionable material on the internet can be found here.
Enforcement of classification law is carried out by Customs, the New Zealand Police, and the Inspectors of Publications at the Censorship Compliance Unit of the Department of Internal Affairs. The Inspectors of Publications, in particular, ensure that internet use in New Zealand complies with the Act.
For more information about making a non-film submission, contact the Information Unit.