Linking to material later classified as objectionable considered illegal?

Roger Brown made this Official Information request to Department of Internal Affairs

Currently waiting for a response from Department of Internal Affairs, they must respond promptly and normally no later than (details and exceptions).

From: Roger Brown

Dear Department of Internal Affairs,

I made a request to OFLC on 2022-08-26 with the same title that I understand has been referred to you. You should consider this request to supersede it. That response clarified to me DIA's responsibility for offenses under the Films, Videos, and Publications Classification Act 1993.

1a) Did DIA recommend to Police that charges be laid against the 'Counterspin Media' cranks for posting a link to a website that allowed users who accessed that website to play a video that was later classified as objectionable by the Office of Film and Literature Classification?
1b) Did DIA recommend to Police that charges be laid against the 'Counterspin Media' cranks for posting a document that makes broadly similar claims to said video, which OFLC has confirmed is not, itself, classified as objectionable?
1c) Please provide all communications made with Police/Crown Solicitors prior to laying these charges, which seem questionably founded to say the least.
2a) The Films, Videos, and Publications Classification Act 1993 provides a very clear definition of the meaning of 'distribute' in the context of the offenses with which the cranks have been charged. It is very obvious that the act only covers the actual electronic transmission of objectionable publications, whether on its own (publishing/hosting objectionable publications yourself on your own website) or as part of a wider set of material (publishing/hosting a website which includes offensive material as a subset of the content of a web page, or embedded on such). Please provide any documents relevant to how the DIA reinterprets the Act in the context of publications on the World Wide Web.
2b) Does DIA consider linking (providing an internet location that a user might choose to visit) to content that has been classified as objectionable to constitute 'distributing' objectionable publications?
2c) Does DIA consider linking to web pages that include embedded links to content that has been classified as objectionable to constitute 'distributing' objectionable publications?
2d) Does DIA consider linking to web pages that link to content that has been classified as objectionable to constitute 'distributing' objectionable publications?
2e) Does DIA consider linking to web pages that include embedded links to content that is classified as objectionable after the links are originally posted to constitute 'distributing' objectionable publications?
3) Please provide all communications with other agencies, besides Police, and ministers prior to these charges being laid.

Regards,
Roger Brown

Link to this

From: OIA
Department of Internal Affairs

Tçnâ koe Roger,

Thank you for your OIA request to the Department of Internal Affairs (included with this email). We have noted that this request now replaces the request you made to the Classification Office, which was partially transferred to the Department on 9 September 2022.

The Department will provide its response to your request as soon as practicable and within twenty working days.  The 20th working day is 7 October 2022

Please note that in cases where the Department’s response provides information that is identified to be of general public interest, the response may also be published on the Department of Internal Affairs website.  If the Department publishes its response to your OIA request, all personal information, including your name and contact details, will be removed.

Nâku, nâ

Michelle Reed (she/her)  
Kaitohutohu Ârahi, te Ture Pârongo Ôkawa | Lead Advisor Official Correspondence 
Te Urûngi | Organisational Strategy & Performance
Level 6, 45 Pipitea St | PO Box 805, Wellington 6140, New Zealand |  www.dia.govt.nz

show quoted sections

Link to this

Things to do with this request

Anyone:
Department of Internal Affairs only: