37
Films, Videos, and Publications Classification Act 1993: the
current law
13 The Films, Videos and Publications Classification Act is NewZealand’s principal censorship
legislation. Under this Act, it is an offence, punishable by a fine not exceeding $2,000,
to be in possession of an objectionable publication.
100
It is an offence, punishable by
imprisonment of up to 10 years, to be in possession of a publication that the person knows
(or has reasonable cause to believe) is objectionable.
101
There are also distribution offences.
14 To be objectionable, a publication must describe, depict, express or otherwise deal with
matters “such as sex, horror, crime, cruelty, or violence”.
102
These topics are sometimes
referred to as subject-matter “gateways”. If the publication does not deal with one of these
topics, and thus does not pass through a subject-matter gateway, it cannot be classified
as objectionable.
103
Illustrating this, there is a decision of the Court of Appeal in which a
publication that protested against homosexuality was not classified as objectionable as
denigration, by itself, was insufficient to amount to violence or cruelty.
104
15 If a publication passes through a subject-matter gateway, it can only be classified as
objectionable if it deals with one of the topics “in such a manner that the availability of
the publication is likely to be injurious to the public good”. Injury to the public good can
be established in a number of ways. First, section 3(2) of the Act deems a publication to
be objectionable if it “promotes, supports, or tends or promote or support” a number of
activities or actions. Among those are “acts of torture or the infliction of extreme violence
or extreme cruelty”. Second, a publication can be classified as objectionable on the basis of
factors and criteria set out in section3(3) and (4) of the Act.
16 Section 3(3) and (4) provide:
(3) In determining, for the purposes of this Act, whether or not any publication (other
than a publication to which subsection (2) applies) is objectionable or should in
accordance with section 23(2) be given a classification other than objectionable,
particular weight shall be given to the extent and degree to which, and the manner in
which, the publication—
(a) describes, depicts, or otherwise deals with—
(i) acts of torture, the infliction of serious physical harm, or acts of significant
cruelty:
100
Films, Videos, and Publications Classification Act 1993, section 131.
101
Films, Videos, and Publications Classification Act 1993, section 131A.
102
Films, Videos, and Publications Classification Act 1993, section 3(1).
103
Moonen v Film & Literature Board of Review [2000] 2 NZLR 9 (CA) at paragraphs 4–5; Living Word Distributors v Human Rights
Action Group (Wellington), footnote 29 above at paragraphs 24–34.
104
Living Word Distributors v Human Rights Action Group (Wellington), footnote 29 above.