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Films, Videos, and Publications Classification Act 1993

Offences - Offence to livestream objectionable content or share objectionable livestreamed content

132C: Offence to livestream objectionable content or share objectionable livestreamed content

You could also call this:

"It's against the law to livestream or share bad content that can harm people."

Illustration for Films, Videos, and Publications Classification Act 1993

You commit an offence if you livestream content knowing it is objectionable. You also commit an offence if you share objectionable livestreamed content to promote criminal acts. This can lead to imprisonment or a fine. If you help someone livestream objectionable content on the internet, you are not committing an offence. This also applies to online content hosts who have control over the site where the content is livestreamed. The terms 'livestream', 'objectionable', 'online content host', and 'service provider' have specific meanings in this context, which are explained in sections like section 119A and section 3. You can be liable for imprisonment or a fine if you commit an offence under this section. The length of imprisonment or the amount of the fine depends on whether you are an individual or a body corporate. For individuals, the imprisonment term can be up to 14 years, and for body corporates, the fine can be up to $200,000.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS637684.

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Topics:
Crime and justice > Criminal lawRights and equality > Anti-discrimination
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132B: Presumption of imprisonment for repeat offenders, or

"Breaking the law about objectionable publications again usually means you will go to prison."

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133: Contravention of serial publication order, or

"Breaking a rule about publishing series of films or videos can lead to a fine"

Part 8Offences
Offence to livestream objectionable content or share objectionable livestreamed content

132COffence to livestream objectionable content or share objectionable livestreamed content

  1. A person commits an offence if—

  2. they livestream content knowing or having reasonable cause to believe that it is objectionable; or
    1. they share content, or information about how to access content, as it is being livestreamed—
      1. knowing or having reasonable cause to believe that the content is objectionable; and
        1. with the intent of promoting or encouraging criminal acts or acts of terrorism.

        2. A person who commits an offence under subsection (1) is liable on conviction,—

        3. in the case of an individual, to imprisonment for a term not exceeding 14 years:
          1. in the case of a body corporate, to a fine not exceeding $200,000.

            1. A person does not commit an offence under this section by reason only that they are—

            2. the service provider who or that provided access to the Internet or other electronic medium on which the content was livestreamed to the person who livestreamed the content; or
              1. the online content host who or that has control over the part of the electronic retrieval system, such as an Internet site or an online application or similar, on which the content was livestreamed.

                1. In this section,—

                  livestream has the meaning given in section 119A

                    objectionable has the meaning given in section 3 (as if the livestreamed content were a publication)

                      online content host has the meaning given in section 119A as qualified by section 119B

                        service provider has the meaning given in section 122A.

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                        Notes
                        • Section 132C: inserted, on , by section 14 of the Films, Videos, and Publications Classification (Urgent Interim Classification of Publications and Prevention of Online Harm) Amendment Act 2021 (2021 No 43).