Recent advances in technology have created a range of challenges for those involved in the classification and censorship system in New Zealand. This paper examines the effects of some of these changes and makes recommendations to address them.
The Act was the result of the Ministerial Committee of Inquiry into Pornography, which recommended, among other things, the consolidation of a variety of laws governing the classification of films, printed publications and videos into one statute. Television is excluded from the ambit of the Classification Act and is governed by the Broadcasting Act The Classification Act also sets out the criteria used to determine the classification of publications. The central issue that must be decided in classifying a publication is whether or not it is objectionable.
Publications may be classified as objectionable, restricted or unrestricted. Certain publications are automatically objectionable, in accordance with section 3 2 of the Act. A publication is deemed to be objectionable if it promotes or supports, or tends to promote or support:.
Material of this sort is the focus of censorship enforcement activity. The New Zealand Customs Service deals with the importation of objectionable material, which is a prohibited import under the Customs and Excise Act The Department of Internal Affairs Censorship Compliance Unit investigates offences under the Classification Act, including the trade in and possession of objectionable publications.
The Police may also exercise the enforcement powers in the Classification Act but generally refer matters involving objectionable material to Internal Affairs. Those agencies involved in the classification and enforcement aspects of the Classification Act have faced increasing challenges in recent years as a result of developments in technology.
