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Films, Videos, and Publications Classification Act 1993

Take-down notices for objectionable online publications

119E: Online content host must comply with take-down notice

You could also call this:

"Remove bad online content when you get a take-down notice"

Illustration for Films, Videos, and Publications Classification Act 1993

You get a take-down notice if you host online content. You must remove or block access to the content as soon as possible. You have to do this within a certain time frame. You might need to keep a copy of the content for an investigation. You have to store it safely and give it to an Inspector if they ask for it. You can also keep a copy if you want to dispute the take-down notice. If you keep a copy, you can store it until you have finished the dispute process. You must keep it safe while you have it. The take-down notice still applies even if the content is being reviewed. The notice stays in place until a decision is made about the content. If the content is deemed objectionable, the notice stays until any appeals are finished. If the content is confirmed as objectionable, the take-down notice is permanent.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS637519.

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"What a take-down notice must include"

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Part 7ATake-down notices for objectionable online publications

119EOnline content host must comply with take-down notice

  1. An online content host who or that receives a take-down notice must remove, or prevent access by the public to, all copies of the online publication that is the subject of the notice to or over which it has access or control as soon as is reasonably practicable after receipt of the notice but no later than the end of the required period.

  2. If a take-down notice requires an online content host to preserve a copy of the relevant online publication for the purposes of an investigation or proceedings, they must preserve a copy, hold it securely, and provide it to an Inspector on request.

  3. An online content host may also preserve a copy of the online publication if they intend to lodge or have lodged—

  4. a submission under section 13(1)(ba) for a classification decision for the relevant online publication:
    1. an application for a review under Part 4 against the classification decision for the relevant online publication:
      1. a notice of appeal related to that application for review.

        1. If subsection (3) applies, the online content host may preserve a copy of the online publication for as long as it is needed to complete the relevant process but must hold it securely.

        2. A take-down notice continues to have effect, even if the publication that is the subject of the notice is received by the Classification Office under section 13 for a classification decision,—

        3. until the classification decision is made; and
          1. until, if the publication is classified as objectionable, the completion of any review and related appeal.

            1. If an online publication is confirmed as objectionable after the processes listed in subsection (5) have been completed or are no longer available, the relevant take-down notice then has permanent effect.

            Notes
            • Section 119E: 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).