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Shofar FTP Archive File: people/m/mckinstry.colin/1995/nz-publication-classification

From Sat Jul  1 16:23:40 PDT 1995
Article: 6247 of alt.politics.nationalism.white
From: (McKinstry)
Newsgroups: alt.politics.white-power,alt.politics.nationalism.white,alt.skinheads,nz.politics
Subject: Re: He who laughs last, laughs ...
Date: Thu, 29 Jun 1995 09:23:05 +1200
Organization: University of Auckland
Lines: 106
X-Newsreader: Value-Added NewsWatcher 2.0b20.0+
Xref: alt.politics.white-power:5780 alt.politics.nationalism.white:6247 alt.skinheads:17318

ATTN: Andy Walton.


I'll only include the explanatory notes (they are a summary). With only
the more relevant parts (it's 9 pages long).

This Bill consolidates and amends the law relating to the censorship of
films, video recordings, book, sound recordings, and other publications.
It repeals the Indecent Publications Act 1963, the Films Act 1983, and the
Video Recordings Act 1987.


2. Single set of classification criteria
   A single set of statutory criteria will govern the classification of
films, videos, books, sound recordings, and other publications
(collectively referred to in the Bill as "publications"). The decision to
prohibit or restrict the availability of a publication will be made
according to whether or not the publication is "objectionable" within the
meaning of clause 3. The term "objectionable" replaces the term "indecent"
used in both the Indecent Publication Act 1963 and the Video Recordings
Act 1987. (The Films Act 1983 does not use the term "indecent". Rather the
test is whether or not the exhibition of a film is likely to be injurious
to the public good).
   Clause 3 (3) and (4) set out criteria that are to be taken into account
in determining whether or not any publication (other than a publication
that is deemed by clause 3 (2) to be objectionable) is objectionable or
should be given any other classification.

-- clause 3 (2) includes child pornography, rape and so forth.

Clause 3 (3) requires that particular weight be given to the extent and
degree to which, and the manner in which, the publication--
 (e)  Represents (whether directly or by implication) that members of any
particular class of the public are inherently inferior to other members of
the public by reason of the colour, race, ethnic or national origins, sex,
physical or intellectual capacity, or religious beliefs of the members of
that class:

Clause 3 (4) requires that the following matters shall also be considered:
(a) The dominant effect of the publication as a whole:
(b) The impact of the medium in which the publication is presented:
(c) The character of the publication, including any merit, value, or
importance that the publication has in relation to literary, artistic,
social, cultural, educational, scientific, or other matters:
(d) The persons, classes of persons, or age groups of the persons to whom
the publication is intended or is likely to be made available:
(e) The purpose for which the publication is intended to be used:
(f) -- not needed to quote.

3. Evidence of injury to the public good
Clause 4 relates to the question or not there must be evidence of injury
to the public good before a publication can be classified under the Bill
as objectionable. -- It continues with Case law.

Does the Protocols of the Learned Elders of Zion do injury to the Jews?

7. Classifications
After examining a publication, and having taken into account the matters
referred to in clause 3 (see above), the Classification Office must
classify the publication as--
(a) Unrestricted; or
(b) Objectionable; or
(c) Objectionable except in any one or more of the followong circumstances:
   (i) If the publication is in the hands of persons who have attained a
specified age:
   (ii) If the publication's circulation is restricted to specified
persons or classes of persons:
   (iii) If the publication is used for one or more specified purposes.
A publication classified under (c) is referred to as restricted publication.

12. Search and seizure
Clause 96 authorises an Inspector of Publications to enter any premises
(other than a private residence) in which films or books are offered for
public supply, or film is exhibited to the public, for the purposes of
ensuring that the provisions of the Bill relating to labelling, and any
conditions imposed pusuant to clause 25, are complied with.
Clauses 99 to 103 provide for the issue of a search warrant to an
Inspector of Publications or a member of the Police. The warrant is
authority to search any place or thing specified in the warrant and to
seiae any thing that there are reasonable grounds to believe is being kept
for the purpose of being so dealt with as to constitute an offence against
clause 113 or clause 114 or clause 117 or clause 119, any thing that there
are reasonable grounds to believe will be evidence of the commission of
such an offence, or any thing that there are reasonable grounds to believe
is intended to be used for the purpose of committing such an offence.

13. Offences
Clauses 113 and 114 relate to the making, copying, supply, and
distribution of objectionable publications.
Clause 117 makes it an offence to exhibit or display an objectionable
publication in or within view of a public place.
Clause 119 makes it an offence to publicly display an objectionable
publication in or within view of a public place.
Clause 121 makes it an offence to possess (please note), without lawful
authority or excuse, an objectionable publication.  The offence is one of
strict liability (I quoted previously), and it is no defence that the
defendant had no knowledge or no reasonable cause to believe that the
publication was objectionable.  The publication need not have been
classified at the time of the commission of the offence.

Brief as I could. You'll have to be satisfied with the explanatory notes. 
The law is even worse for length and verbatim.


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