9 September 2022
Roger Brown
By email:
[FYI request #20359 email]
Tēnā koe Mr Brown,
Official Information Act request
Thank you for your request under the Official Information Act 1982 (OIA) about
classification decisions for arcade games, which we received on 26 August 2022.
You asked:
1) Does the OFLC consider linking to a website that may currently, or in the
future, host a video file that you might classify as objectionable in the future
as 'distributing' that publication?
2) Searches of the publicly available OFLC databases do not show evidence
that you have classified the document that Counterspin distributed, 'A
Mosque Report you need to see no. 2.docx', as objectionable. Obviously not
al works which contain some derivative material from the Christchurch
counterjihad shooter's livestream video are objectionable, as you al owed
the distribution of 'The Social Dilemma' and suchlike material here. Can you
confirm whether any classification has been made of this document?
3) Did Police consult with you prior to laying these charges, which seem
questionably founded to say the least?
In responding to your request, I have weighed up the factors in the OIA, including
the purposes i
n section 4 and the principle of availability in
section 5.
Response to your request
Linking to a website as 'distribution' of a publication
One of the roles of the Classification Office is to determine whether publications
submitted to us are objectionable. The Office does not determine what may or
may not constitute other elements of offences under the Act. Te Tari Taiwhenua—
Department of Internal Affairs enforces the Act.
Unde
r section 14(b)(i ) of the OIA, the Office can transfer a request if it believes that
the requested information is “more closely connected with the functions of another
department”.
Accordingly, the Office transferred this part of your request to the Department
earlier today. They must make a decision on this request by 7 October 2022 unless
a valid extension is made.
'A Mosque Report you need to see no. 2.docx'
The Classification Office has not received A Mosque Report you need to see no.
2.docx for classification, and has not examined or classified this publication under
section 23 of the Films, Videos, and Publications Classification Act 1993.
Consultation by Police
Police did not consult with the Classification Office before laying these charges.
Whether to lay charges in any given situation is ultimately a decision for Police to
make.
Publication of response
This response may be published on the Classification Office’
s website. If it is
published there, your personal information will be redacted.
Right of review
You have the right to make a complaint and seek a review by the Ombudsman of
this response, and decision to transfer part of your request, under
section 28(3) of
the OIA. Information about this process is available at
ombudsman.parliament.nz
or freephone 0800 802 602.
Thank you for your interest in our mahi.
Ngā mihi nui,
Te Mana Whakaatu—Classification Office