New Zealand has comprehensive laws governing what constitutes objectionable material, with the Films, Videos, and Publications Classification Act 1993 serving as the primary legislation. Understanding these laws is crucial for content creators, distributors, and everyday internet users to ensure compliance with New Zealand’s content standards.
This guide explains what qualifies as objectionable material in New Zealand, the legal framework behind these classifications, and the potential consequences of possessing or distributing such content.
Legal Definition of Objectionable Material
Under New Zealand law, objectionable material is content that describes, depicts, expresses, or otherwise deals with matters such as sex, horror, crime, cruelty, or violence in ways that are likely to be injurious to the public good. The Classification Office uses specific criteria to determine whether material crosses the threshold into being objectionable. 
The Films, Videos, and Publications Classification Act 1993 provides the legal framework for these determinations, with the Chief Censor having the authority to classify publications and films as objectionable, restricted, or unrestricted.
Categories of Objectionable Material
Child Sexual Exploitation Material
Any material that sexualizes minors is automatically considered objectionable in New Zealand. This includes images, videos, written material, or digital content that depicts anyone under 18 years in sexual situations. The law applies regardless of the age of consent in the jurisdiction where the material was created.
Extreme Violence and Torture
Content that promotes, encourages, or provides instruction in violence or torture is likely to be classified as objectionable. This includes material that glorifies extreme acts of violence or provides detailed instructions on causing harm to others.
Bestiality and Necrophilia
Material depicting sexual conduct with animals or deceased persons is considered objectionable under New Zealand law. This applies to both real and simulated content across all media formats.
Material Promoting Criminal Acts
Publications that promote or encourage criminal activity, including terrorism, drug manufacturing, or other serious offenses, may be classified as objectionable. The context and likelihood of encouraging actual criminal behavior are key factors in these determinations.
How Material is Classified
The Office of Film and Literature Classification (OFLC) is responsible for classifying material in New Zealand. The Chief Censor and classification officers use established criteria to evaluate content and determine appropriate classifications.
The Classification Process
When evaluating material, classifiers consider factors including the extent and degree of content, its context, the target audience, and the potential impact on viewers. They also consider artistic merit, educational value, and social commentary when making classification decisions.
Public Submissions
Members of the public can request classification of material by submitting it to the Classification Office along with the required fee. This process is commonly used for imported publications, films, or digital content where the classification status is uncertain.
Restricted vs Objectionable Material
Not all concerning content is classified as objectionable. New Zealand’s classification system includes several restricted categories that allow legal possession and distribution with appropriate age restrictions.
Restricted Classifications
Material may be classified as R13, R15, R16, or R18, indicating the minimum age for legal access. These classifications allow for content that may be unsuitable for younger audiences but doesn’t meet the threshold for being objectionable.
Adult Content
Legal adult content between consenting adults is typically classified as R18 rather than objectionable, provided it doesn’t contain extreme elements that would push it into the objectionable category.
Legal Consequences of Objectionable Material
Possessing, distributing, or making objectionable material available carries serious legal penalties in New Zealand.
Possession Penalties
Knowingly possessing objectionable material can result in imprisonment for up to 10 years. The severity of penalties often depends on the nature and quantity of material involved.
Distribution and Supply
Distributing or making objectionable material available to others carries even more severe penalties, with potential imprisonment terms of up to 14 years. This includes sharing content through digital platforms, social media, or file-sharing networks.
Commercial Distribution
Commercial distribution of objectionable material, such as through websites or physical sales, can result in both criminal charges and civil penalties, including substantial fines.
Digital Content and Online Material
New Zealand’s objectionable material laws fully apply to digital content, including websites, social media posts, messaging apps, and file-sharing platforms.
Internet Service Provider Responsibilities
Internet service providers may be required to block access to websites containing objectionable material when directed by enforcement agencies. The Department of Internal Affairs maintains a list of objectionable websites that ISPs must block.
Social Media and Messaging
Sharing objectionable material through social media platforms, messaging apps, or email is treated the same as any other form of distribution under New Zealand law. Users can face criminal charges for sharing such content, even if they didn’t create it.
Exemptions and Defenses
New Zealand law provides certain exemptions and defenses for objectionable material in specific circumstances.
Genuine Research and Education
Material may be exempt from objectionable classification if it serves genuine educational, professional, scientific, or medical purposes. However, these exemptions are narrowly defined and require proper authorization.
Law Enforcement and Legal Proceedings
Law enforcement agencies and legal professionals may possess objectionable material as part of their official duties, provided proper protocols are followed and the material is handled appropriately.
Reporting Objectionable Material
New Zealand has established systems for reporting suspected objectionable material to appropriate authorities.
Department of Internal Affairs
The Department of Internal Affairs’ Censorship Compliance Unit investigates reports of objectionable material and can be contacted through their dedicated hotline or online reporting system.
NetSafe Reporting
NetSafe provides a platform for reporting harmful online content, including potentially objectionable material. They work with relevant agencies to address reported content appropriately.
International Cooperation
New Zealand actively cooperates with international law enforcement agencies to combat the distribution of objectionable material, particularly child sexual exploitation material.
Cross-Border Investigations
New Zealand Police work with international partners through organizations like Interpol to investigate and prosecute cases involving objectionable material that crosses national borders.
Mutual Legal Assistance
Treaties and agreements allow New Zealand to request assistance from other countries in investigating objectionable material cases and vice versa, ensuring comprehensive enforcement of these laws.
Recent Legal Developments
New Zealand’s objectionable material laws continue to evolve to address emerging technologies and changing social attitudes.
Christchurch Call
Following the 2019 Christchurch attacks, New Zealand has led international efforts to prevent the spread of terrorist and violent extremist content online, including updates to objectionable material classifications.
Artificial Intelligence and Deepfakes
Authorities are considering how existing laws apply to AI-generated content, including deepfake technology that could create objectionable material without real victims.
Frequently Asked Questions
What should I do if I accidentally encounter objectionable material online?
If you accidentally encounter potentially objectionable material, close the content immediately and do not save, share, or redistribute it. You can report the content to the Department of Internal Affairs if you believe it violates New Zealand law.
Can material be objectionable in New Zealand but legal overseas?
Yes, New Zealand’s classification standards may differ from other countries. Material that is legal in its country of origin may still be classified as objectionable in New Zealand, and New Zealand law applies to residents regardless of where material originated.
How long do objectionable material classifications last?
Classifications are generally permanent unless new evidence or changing circumstances warrant a review. The Classification Office can reconsider previous decisions if presented with compelling reasons for review.
Can I challenge an objectionable material classification?
Yes, there is an appeals process for classification decisions. Appeals must be lodged within specified timeframes and may be heard by the Film and Video Labelling Body or higher courts depending on the circumstances.
Does viewing objectionable material accidentally constitute possession?
Generally, brief accidental viewing doesn’t constitute possession under the law. However, deliberately seeking out, downloading, or saving such material would likely constitute knowing possession, which is illegal.
Are there different penalties for different types of objectionable material?
While the basic framework is consistent, courts consider the nature and severity of the material when imposing sentences. Child sexual exploitation material typically receives the harshest penalties.
How does New Zealand handle objectionable material from overseas platforms?
New Zealand can require internet service providers to block access to overseas websites containing objectionable material. The country also works with international partners to address content at its source where possible.
Can written material be classified as objectionable?
Yes, written material including books, stories, and text-based content can be classified as objectionable if it meets the legal criteria, particularly if it promotes illegal activities or exploits children.
Understanding New Zealand’s objectionable material laws helps ensure compliance and promotes a safer digital environment for all users. When in doubt about material classification, it’s advisable to seek guidance from the Classification Office or legal professionals familiar with New Zealand’s content regulations.