Legal Definition – New Zealand
Child pornography is any representation, by whatever means, of a child engaged in
real or simulated explicit sexual activities or any representation of the sexual parts
of a child, the dominant characteristic of which is depiction for a sexual purpose.
Child pornography can exist in different forms. Visual child pornography is the most
common. Audio child pornography is the use of any audio devices using a child’s
voice, real or simulated, intended for the sexual gratifi cation of the user.
Child pornography almost always commences with a crime against a child. In order
to create child pornography someone has to abuse a child, often in the most violent
and degrading ways. Users and traders in child pornography are, in a sense, parties or
accessories after the fact to that abuse.
Pornography per se is not illegal in New Zealand. However, the Films, Videos and
Publications Classifi cation Act 1993 prohibits child pornography. Sections 123 and
131 of the Act make it an offence to make, possess or distribute an objectionable
publication. The Act creates strict liability, as there is no defence that the defendant
had no knowledge or no reasonable cause to believe that the publication was
objectionable.
The defi nition of publication is comprehensive and includes all tangible forms of
recorded material. A publication will be deemed objectionable if it promotes or
supports the exploitation of children and young persons for sexual purposes. It may
also be objectionable if it describes, depicts or otherwise deals with sexual conduct
with or by children or young persons or exploits the nudity of children or young persons
for sexual purposes. The Act does not defi ne “young person” but decisions by the Film
and Literature Board of Review and the Offi ce of Film and Literature Classifi cation
seem to have interpreted it as meaning people under the age of 18 years of age.
Certainly, there appears to be scope for the Board and Offi ce to interpret young person
in this way if international obligations require it.
Source: Protecting Our Innocence – New Zealand’s Plan of Action to combat CSEC,
Ministry of Justice 2001
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