Copy of Correspondence between Minister of Justice Hon. Mark Burton and Society
On 6 September 2007 the Minister replied to the Society’s email dated 1 June 2007 (copied below) requesting basic information on steps taken by the government to control the tidal wave of objectionable content (hard core pornography, gratuitous sexual violence and graphic violence etc.) flooding the Internet, much of which is accessible to children and young people via home and workplace computers.
Office of Hon Mark Burton, M.P. for Taupo
Minister of Justice
Minister of Local Government
Minister in Charge of Treaty of Waitangi Negotiations
Minister Responsible for the Law Commission
Deputy Leader of the House
6 SEP 2007
David Lane
Secretary on Behalf of the National Executive
Society for the Promotion of Community Standards
PO Box 13-683
Johnsonville
WELLINGTON
Dear David
OBJECTIONABLE CONTENT ON THE INTERNET
Thank you for your email of 1 June 2007 to the Minister of Communications and Information Technology about objectionable content on the Internet. The Minister has forwarded your correspondence to me for reply, as censorship is within my responsibilities as Minister of Justice.
I share your concern about New Zealand and overseas websites showing objectionable material, and the increased access that individuals have to this content through the Internet.
As you are aware, censorship law in New Zealand is contained in the Films, Videos and Publications Classification Act 1993 (“the Act”). The Act is designed to strike a good balance between the right to freedom of expression, as protected by section 14 of the Bill of Rights Act 1990, and the need to protect society from harm. It is already an offence under the Act for someone to intentionally or knowingly distribute objectionable material through a website.
Much of the objectionable material, however, is made available in New Zealand through accessing sites which are managed offshore. The Government tries to regulate the availability of objectionable material from overseas sources by cooperating with overseas authorities. The Censorship Compliance Unit at the Department of Internal Affairs is responsible for this.
I note your query about a “blacklist” of objectionable websites and the responsibilities of Internet Service Providers (ISPs) to block access to these websites. Unfortunately, establishing a “blacklist” and requiring ISPs to block or restrict access is unlikely to provide a solution. Those who place such images on the internet can also change the web address very quickly and easily. A database of discovered objectionable websites would very quickly become obsolete.
Like you, I am concerned about children and young people accessing objectionable material on the internet. “Netsafe” kits for schools have been available since March 2000, when a kit was sent to every school in New Zealand and a brochure and posters from the kit to every community library. These are designed to help schools educate students, parents and the wider community about Internet safety, with hand-outs in English and M?ori. These kits are regularly updated.
In addition, the Department of Internal Affairs also produces a number of pamphlets about the Internet, censorship and child safety which are distributed to schools, universities and libraries. This information is also available on the Department’s website along with a draft Code of Conduct that businesses can implement to clearly set out what is considered appropriate use of the Internet.
In practical terms, many children and young people are blocked from accessing sites with inappropriate material by the fact that these websites charge for access through credit cards.
The Government amended the Act in 2005 to extend the definition of “distribute” under the Act to include personal trading on the Internet. People who distribute objectionable material on the Internet will now commit an offence under the Act and face a penalty of up to 10 years imprisonment.
The stuff.co.nz website address that you provided [over two months ago!] in your email is no longer available to access.
[SPCS Recommends the Minister NOW go to:]
http://www.smh.com.au/news/miranda-devine/the-problem-with-pornography/2005/08/13/1123353539758.html
How Porn is wrecking relationships
Sydney Morning Herald
http://www.chinadaily.com.cn/lifestyle/2007-05/29/content_882823.htm
http://www.smh.com.au/news/national/power-addicted-to-child-porn/2007/06/14/1181414421968.html
Yours sincerely
Hon. Mark Burton
Minister of Justice
___________________________________________________________________________________
Society for Promotion of Community Standards Inc.
P.O. Box 13-683 Johnsonville
Friday 1 June 2007
Questions for Minister of Communication and Information Technology, Hon. David Cunliffe
cc. Minister of Justice, Hon. Mark Burton
1. Has anything been done by the Minister or his government to ensure that Internet Service Providers (ISPs) ensure that NZ and/or overseas websites that feature “objectionable” content for viewing/download and purchase (e.g. hard-core porn); are black-listed and blocked to prevent injury to the public good, especially in relation to protecting children and young persons from accessing such sites.
2. If so, what legislative changes have been made, or are before select committees, that are designed to safeguard the public from access to such “objectionable” content?
3. Have such matters been considered within the scope of the Crimes Amendment Act (No 6)? If not why not?
4. Does the Minister personally think it is needful for NZ ISPs to be required by law to filter out all known NZ and overseas websites that contain images of hard-core pornography, degrading, dehumanising and demeaning sexual content, and content matter that falls within s. 3(2) of the Films, Videos and Publications Classification Act 1993 (bestiality, paedophilia etc)?
5) If so why and how does he propose this can be achieved?
6). If not, why not?
7). Has the government passed any legislation that specifically addresses the problem of internet pornography that is wrecking is many relationships?
8) What role, if any, is the Ministry of Social Development and the Families Commission having in this problem that involves the Minister’s sphere of IT (in particular the internet).
(see Sydney Morning Herald article: http://www.stuff.co.nz/print/4075846a19716.html )
Yours sincerely
David Lane
Secretary
On Behalf of National Executive Committee
Society for Promotion of Community Standards Inc.
P.O. Box 13-683 Johnsonville.
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