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Films, Videos, and Publications Classification Act 1993

Offences - Offences involving objectionable or restricted publications

122: Meaning of distribute in sections 123 to 132

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"What 'distribute' means in the law about films and publications"

Illustration for Films, Videos, and Publications Classification Act 1993

In sections 123 to 132, when you hear the word "distribute", it means to give or offer a publication to someone, or to provide access to it. You can provide access to a publication by making it available digitally, for example, through a public data network. You distribute a publication if you intend to, or know you are, giving or offering it to someone, and you know what the publication is about. When you distribute a publication, you must know what you are doing and what the publication contains. You do not distribute a publication just by helping someone get access to it, like delivering a package or providing internet access. This means that people like postal workers or internet providers are not distributing a publication just by doing their job. You are responsible for distributing a publication if you give it to someone or make it available to them, and you know what it is. This is important to understand when reading sections 123 to 132 of the Films, Videos, and Publications Classification Act 1993, which you can find more information about by looking at sections 123 to 132. You can also learn more about the amendments to this act by visiting the Films, Videos, and Publications Classification Amendment Act 2005 and the Films, Videos, and Publications Classification (Commercial Video on-Demand) Amendment Act 2020 pages.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM314126.

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Part 8Offences
Offences involving objectionable or restricted publications

122Meaning of distribute in sections 123 to 132

  1. In sections 123 to 132, unless the context otherwise requires, distribute, in relation to a publication, means—

  2. to deliver, give, or offer the publication; or
    1. to provide access to the publication (for example, to make available digital content that is or includes the publication by means of a public data network).

      1. However, a person does not distribute a publication unless the person—

      2. intends, or knows of, the act of distribution; and
        1. knows what, in general terms, the publication is or contains.

          1. To avoid doubt, to distribute, in relation to a publication, does not include to facilitate access to the publication by providing only some or all of the means necessary for—

          2. delivery of the publication in physical form; or
            1. transmission (other than by broadcasting) of the contents of the publication.

              1. Examples of a person facilitating access to a publication in the ways referred to in subsection (3) are—

              2. a postal operator or courier providing only some or all of the means necessary for delivering the publication in physical form; and
                1. a network operator or service provider providing only a network or facility through which the contents of the publication are transmitted.

                  Notes
                  • Section 122: substituted, on , by section 25 of the Films, Videos, and Publications Classification Amendment Act 2005 (2005 No 2).
                  • Section 122(1)(b): amended, on , by section 20 of the Films, Videos, and Publications Classification (Commercial Video on-Demand) Amendment Act 2020 (2020 No 49).