Regulatory system information: Classification and Labelling
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Description of the regulatory system
System objectives/purposes
The classification and labelling system aims to restrict or prohibit the supply of restricted or objectionable material that is injurious to the public good, while balancing public harm against the right to individual freedom of expression.
Classification and labelling is part of a wider system that works to achieve digital safety. Other regimes within this wider system include the prevention of unsolicited commercial electronic messaging and the prevention of harmful digital communications.
Key statutes
Films, Videos and Publications Classification Act 1993.
Key regulations
Films, Videos and Publications Classification Regulations 1994.
Brief description of what the system does
The regulatory system aims to provide consumer protection and prevent harm by:
- providing guidance as to the content of publications
- ensuring restricted content is accessed appropriately
- removing the ability to access material that has been classified as objectionable which is considered injurious to the public good.
The regulatory system achieves its objectives by providing a method of classification and labelling of film, videos and publications to ensure the public have the relevant information regarding the content of the publication. Restrictions and bans can also be applied to the distribution of material to limit access.
Agencies involved in the Classification and Labelling regulatory system
The Department of Internal Affairs (DIA) works closely with the New Zealand Police and Customs Service and has agreements in place with both agencies to collaboratively investigate online child exploitation. This provides each agency with the ability to leverage off the strengths of one another. However, opportunities exist to further enhance the relationships between prevention and enforcement agencies to provide a greater benefit to the community.
Agencies involved include:
- DIA (policy, prevention, education and enforcement)
- New Zealand Police (enforcement)
- New Zealand Customs Service (enforcement)
- Ministry of Health (prevention and education)
- Ministry of Education (prevention and education)
- Oranga Tamariki (prevention and education)
- Ministry for Women (prevention).
Regulated parties and non-government stakeholders
These include:
- Films, videos and the publications industry members.
- Consumers within the community.
- Internet safety groups (i.e. NetSafe).
- Internet service providers (use the Digital Child Exploitation Web Filter).
Engagement between system agencies and regulated parties
The Film and Video Labelling Body controls the labelling of films and videos and refers issues to the Office of Film and Literature Classification (OFLC). The OFLC decides whether material should be classified as restricted or objectionable. This decision can be appealed to the Film and Literature Board of Review.
Prevention, regulation and enforcement are the responsibility of DIA, New Zealand Police and Customs Service. However, they also have engagement with the Film and Video Labelling Body, various internet service providers (ISPs) and the distributors of films and games providers (e.g. Interactive Games and Entertainment Association).
Fitness-for-purpose assessment
Reviews/assessments of the Classification and Labelling regulatory system
Transfer of responsibility
In August 2018, ministerial and administrative responsibility for the Films, Videos and Publications Classification Act was transferred from the Ministry of Justice to DIA. This responsibility was added to the operational functions already exercised by DIA under the Act.
Review/assessment findings
Effectiveness
The extent to which the system delivers the intended outcomes and impacts
The sector (classification and labelling) traditionally has been highly compliant, but the rise of digital content and online delivery has created new challenges, where non-compliance occurs.
DIA operations have evolved from a focus on ensuring labelling requirements are met to preventing child sexual exploitation and abuse that occurs in the production of objectionable material, particularly online.
The system is founded on an increasingly obsolete model of broadcasting and media consumption, with an increasing body of media content falling outside the classification system.
Efficiency
The extent to which the system minimises unintended consequences and undue costs and burdens
Policy and delivery efforts contribute to community safety by preventing child sexual abuse, stopping offenders and blocking access to objectionable material. There is an extensive body of case law regarding classification and labelling, which provides the regulated sector with predictability, certainty and a good understanding of its obligations.
Currently costs and responsibilities are at an acceptable level due to the high level of voluntary compliance. However, there will be an ongoing challenge to fully implement cost effective digital and technical solutions to address the changing classification environment.
Durability and resilience
How well the system copes with variation, change and pressures
Currently DIA is addressing gaps within the regime, namely seeking regulation of commercial video on demand material (e.g. Netflix), which is not subject to mandatory classification requirements under New Zealand’s classification or broadcasting regimes.
DIA is involved with several initiatives that address harms resulting from the availability of pornography and objectionable material which include the development of regulatory capability for safeguarding youth from online pornographic material. DIA also closely manages a web filter that blocks child sexual abuse material websites in New Zealand. The success of the filter is due to Government and ISPs recognising a common goal of preventing harm to children through a voluntary agreement.
DIA has established a world-wide reputation in addressing the online circulation of child abuse material. DIA continues to adapt to the changing methods of distribution and new technologies. This responsiveness has required strong collaboration and cooperation with other New Zealand agencies, international jurisdictions and global policing bodies.
Fairness and accountability
How well the system respects rights and delivers good process
The regulated sector has a good understanding of its obligations due to classifications and labelling (e.g. age restrictions on films) being familiar to the general population.
Although there is a considerable body of research and case law regarding regulatory standards, there are shortcomings within the statutory framework. For example, similar material is subject to different classification requirements depending on the form of its publication. Online distribution has complicated this even further.
Plans for regulatory and operational improvements
Key regulatory changes planned for 2019/20
Currently, there are two change processes proposed, with one considering a possible amendment to the Films, Videos and Publications Classification Act to bring commercial video on demand material within its scope and the other a broader review in partnership with the Ministry of Culture and Heritage addressing issues with New Zealand’s media content regulation framework. These are subject to obtaining Cabinet approval.
Key service design and operational changes planned for 2019/20
Youth and Pornographic Material
DIA has been considering its response to the recently released research report; Youth and Porn. Some proposed interventions include:
- working with ISPs and OFLC to categorise and classify R18 pornographic sites as R18
- ISPs providing family filtering software for all home broadband subscriptions, which can be controlled by the parent/caregiver.
Additionally, DIA is considering:
- education initiatives focused on the controls parents can use to mitigate risk of exposure to pornographic material for children
- more informal and relatable educational resources for young people and for their parents.
Although, DIA is in the early stages of developing these new initiatives, it is anticipated that its response will ensure that it enhances regulatory capability to safeguard youth from online pornographic material.
