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Films, Videos, and Publications Classification Act 1993

Take-down notices for objectionable online publications

119C: Issue of take-down notices

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"What is a take-down notice and how does it work to remove objectionable online content?"

Illustration for Films, Videos, and Publications Classification Act 1993

You can get a take-down notice if an Inspector thinks an online publication is objectionable. This can happen if the publication has been assessed as likely to be objectionable under section 22A, or if it has been classified as objectionable under section 23. The Inspector can also issue a notice if they believe the publication is objectionable. Before issuing a notice, the Inspector might ask the online content host to remove the publication. The notice can have a temporary or permanent effect, depending on the reason it was issued. If the notice is issued because the publication is likely to be objectionable, it will only be in effect for a certain period of time, as stated in section 22B(5). The Inspector must tell the Chief Censor when a take-down notice is issued. You can find out more about reviewing a take-down notice in section 119J. The Inspector can issue a notice to an online content host if they think the publication is objectionable.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS637516.

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Part 7ATake-down notices for objectionable online publications

119CIssue of take-down notices

  1. An Inspector may issue a take-down notice relating to a particular online publication to an online content host if—

  2. an interim classification assessment has been made under section 22A that the online publication is likely to be objectionable; or
    1. the online publication has been classified as objectionable under section 23; or
      1. the Inspector believes, on reasonable grounds, that the online publication is objectionable.

        1. Before issuing a take-down notice, an Inspector may, but is not required to, request that the online content host remove, or prevent access by the public to, the online publication.

        2. A take-down notice issued under subsection (1)(a) has effect for the interim period referred to in section 22B(5) for the relevant interim assessment unless subsection (4) applies.

        3. A take-down notice issued under subsection (1)(a) has permanent effect if a classification decision is made that the online publication is objectionable on and from the date of that decision.

        4. A take-down notice issued under subsection (1)(b) or (c) has permanent effect on and from the date it is issued.

        5. In each case the Inspector must notify the Chief Censor that a take-down notice has been issued.

        6. See section 119J for review of a take-down notice.

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        Notes
        • Section 119C: inserted, on , by section 12 of the Films, Videos, and Publications Classification (Urgent Interim Classification of Publications and Prevention of Online Harm) Amendment Act 2021 (2021 No 43).