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Encyclopedia > Office of Film and Literature Classification (New Zealand)

The Office of Film and Literature Classification (OFLC, Māori: Te Tari Whakaropu Tukuata, Tuhituhinga) is the government agency in New Zealand that is responsible for classification of all films, videos, publications, and some video games in New Zealand. It was created by the Films, Videos, and Publications Classification Act 1993 (FVPC Act) and is an independent Crown Entity in terms of the Crown Entities Act 2004. The head of the OFLC is called the Chief Censor, maintaining a title that has described the government officer in charge of censorship in New Zealand since 1916. Māori or Te Reo Māori, commonly shortened to Te Reo (literally the language) is an official language of New Zealand. ... For other uses, see Censor. ... Film may refer to: photographic film a motion picture in academics, the study of motion pictures as an art form a thin skin or membrane, or any covering or coating, whether transparent or opaque a thin layer of liquid, either on a solid or liquid surface or free-standing Film... Video is the technology of processing electronic signals representing moving pictures. ... To publish is to make publicly known, and in reference to text and images, it can mean distributing paper copies to the public, or putting the content on a website. ... This article is about computer and video games. ... A Crown entity is a type of organisation that forms part of New Zealands state sector. ... For other uses, see Censor. ...


The FVPC Act gives the OFLC jurisdiction to classify "publications" which include films, videos, DVDs, computer games with restricted content, books, magazines, comics, manga, sound recordings, pictures, newspapers, photographs, photographic slides, "any print or writing", any "paper or other thing" that has images or words on it (including apparel, playing cards, greeting cards, art, store-fronts and billboards), and electronic digital image, text and sound computer files. The OFLC also approves film posters and slicks. Only computer games with restricted content, and all films, videos, and DVDs, must carry a label before being offered for supply or exhibited to the public. Film may refer to: photographic film a motion picture in academics, the study of motion pictures as an art form a thin skin or membrane, or any covering or coating, whether transparent or opaque a thin layer of liquid, either on a solid or liquid surface or free-standing Film... Video is the technology of processing electronic signals representing moving pictures. ... DVD is an optical disc storage media format that is used for playback of movies with high video and sound quality and for storing data. ... This article needs a complete rewrite for the reasons listed on the talk page. ... [1]#redirect Book ... This article is about the magazine as a published medium. ... Comics (or, less commonly, sequential art) is a form of visual art consisting of images which are commonly combined with text, often in the form of speech balloons or image captions. ... This article is about the comics published in East Asian countries. ... Methods and media for sound recording are varied and have undergone significant changes between the first time sound was actually recorded for later playback until now. ... Shortcut: WP:LI Welcome to the Wikipedia image gallery. ... A photograph (often just called a photo) is an image (or a representation of that on e. ... In photography, a transparency is a still, positive image created on a transparent base using photochemical means. ... Girls wearing formal attire for dancing, an example of one of the many modern forms of clothing. ... Some typical modern playing cards. ... A greeting card is a folded card featuring a message of greeting or other sentiment. ... This article is about the philosophical concept of Art. ... Roadside billboards frequently encourage passersby to visit local businesses. ... For other uses, see Digital (disambiguation). ... A file in a computer system is a stream (sequence) of bits stored as a single unit, typically in a file system on disk or magnetic tape. ... 1942 US government war poster. ...


Any person may submit any of the "publications" listed above for classification by the OFLC, with the permission of the Chief Censor. The Secretary for Internal Affairs, Comptroller of Customs, Commissioner of Police and the Film and Video Labelling Body may submit publications for classification without the Chief Censor's permission. The Courts have no jurisdiction to classify publications. If the classification of a publication becomes an issue in any civil or criminal proceeding, the Court must submit the publication to the OFLC. Any person who is dissatisfied with a decision of the OFLC may have the relevant publication, but not the OFLC decision, reviewed by the Film and Literature Board of Review.

Contents

Labels

The FVPC Act gives the OFLC the power to classify publications into three categories: unrestricted, restricted, and "objectionable" or banned. Unrestricted films are assigned a green or yellow rating label. Restricted films are assigned a red classification label. A ban is, generally, any decree that prohibits something. ...


New Zealand has used a colour-coded labeling system since 1987. The colours are intended to convey the messages conveyed by a traffic light: a green label means that nothing in the film, video or DVD should inhibit anyone viewing it; a yellow label means proceed with caution because the film, video or DVD may have content younger viewers should not see; and a red label means stop and ensure that no one outside of the restriction views the film, video, DVD or computer game. The New Zealand classification system currently uses the following labels: “Traffic Signal” redirects here. ... For other uses, see Green (disambiguation). ... A yellow Tulip. ... For other uses, see Red (disambiguation). ...

Label Name Definition
G General Suitable for general audiences (awarded by the Film and Video Labelling Body and the Office of Film and Literature Classification)
PG Parental Guidance Parental guidance recommended for younger viewers (awarded by the Film and Video Labelling Body and the Office of Film and Literature Classification)
M Mature Suitable for (but not restricted to) mature audiences 16 years and over (awarded by the Film and Video Labelling Body and the Office of Film and Literature Classification)
R13 R13 Restricted to persons 13 years of age and over (awarded by the Office of Film and Literature Classification only)
R15 R15 Restricted to persons 15 years of age and over (awarded by the Office of Film and Literature Classification only)
R16 R16 Restricted to persons 16 years of age and over (awarded by the Office of Film and Literature Classification only)
R18 R18 Restricted to persons 18 years of age and over (awarded by the Office of Film and Literature Classification only)
R Restricted Restricted to a particular class of persons, or for particular purposes, or both, specified by the Office of Film and Literature Classification

Red labels have been available for non-film publications such as magazines since 2005. Image File history File links NZG.jpg Summary New Zealand G label Licensing Copyright Office of Film and Literature Classification File history Legend: (cur) = this is the current file, (del) = delete this old version, (rev) = revert to this old version. ... Image File history File links NZPG.jpg New Zealand PG label File history Legend: (cur) = this is the current file, (del) = delete this old version, (rev) = revert to this old version. ... Image File history File links NZM.jpg Summary New Zealand M label Licensing File history Legend: (cur) = this is the current file, (del) = delete this old version, (rev) = revert to this old version. ... Image File history File links NZ13. ... Image File history File links NZ15. ... Image File history File links NZ16. ... Image File history File links NZ18. ... Image File history File links NZR.jpg Summary New Zealand R label Licensing File history Legend: (cur) = this is the current file, (del) = delete this old version, (rev) = revert to this old version. ...


Classification Law

The OFLC classifies material based on whether it is likely to be "harmful" or "injurious to the public good". Specifically (from the FVPC Act): "a publication is objectionable if it describes, depicts, expresses, or otherwise deals with matters such as sex, horror, crime, cruelty, or violence in such a manner that the availability of the publication is likely to be injurious to the public good." In 2000, the Court of Appeal of New Zealand decided in Living Word Distributors Limited v Human Rights Action Group (Wellington) [2000] NZCA 179 (a case involving two videos produced by Jeremiah Films) that the collocation of the words "sex, horror, crime, cruelty or violence" tends to point to activity rather than to the expression of opinion or attitude. On this interpretation, the OFLC had jurisdiction to restrict or ban publications describing or depicting sexual activities, but not those describing only an attitude or opinion about sex. The same interpretation required publications to describe or depict horror activities, criminal activities, cruel activities and violent activities, rather than just an opinion or attitude about those things, for the OFLC to be able to classify them. In economics, a public good is a good that is non-rival and non-excludable. ... This article or section does not cite its references or sources. ... “Horror story” redirects here. ... Look up cruelty in Wiktionary, the free dictionary. ... For other uses, see Violence (disambiguation). ... The Court of Appeal of New Zealand, located in Wellington, is New Zealand’s principal intermediate appellate court. ... Jeremiah Films produces videos that promote patriotism, traditional values, family values and the biblical worldview of the founding fathers of the United States. ... Look up activity in Wiktionary, the free dictionary. ... This article does not adequately cite its references or sources. ... Attitude may refer to: Aircraft attitude Attitude (magazine) Attitude, a song by American pop and jazz singer Suede Attitudes (band) Attitude Adjustment (Hardcore/Crossover/Thrash metal band) Attitude, song from Metallica on their album Reload. ...


The Court of Appeal explicitly ruled that the phrase "matters such as sex" is strongly indicative of sexual activities and does not include sexual orientation. This made it more difficult for the OFLC to restrict or ban, for example, publications that simply exploited the nudity of children or that portrayed classes of people as inherently inferior but that did not show any of the specified types of activity, notwithstanding the fact the FVPC Act directs the censors to give "particular weight" to these things when deciding whether or not to restrict or ban a publication. It also made it difficult for the OFLC to restrict publications simply containing offensive language or to ban videos of persons taken without their knowledge or consent, such as "upskirt" videos, on the ground of invasion of privacy, again because neither type of publication shows any of the specified types of activity. In 2005, Parliament amended the FVPC Act, and commenced amendment of the Crimes Act, to restore the OFLC's jurisdiction over all of these matters except for publications that simply portray classes of people as inherently inferior. Sexual orientation refers to the direction of an individuals sexuality, usually conceived of as classifiable according to the sex or gender of the persons whom the individual finds sexually attractive. ... Nude redirects here. ... Offensive may relate to In sports or combat, the team which is attacking, pitching or moving forwards In language or morals, terms and concepts which are unacceptable to some people, such as swearing and profanity. ... By todays standards Fragonards The Swing is rather tame, but in the 18th century this painting of a young lady being in a position where a man can look up her skirts was considered highly erotic. ... Invasion of privacy is a legal term essentially defined as a violation of the right to be left alone. ...


Under the FVPC Act, material that promotes, supports, or tends to promote or support the following is, by its nature, deemed objectionable (banned):

Child pornography refers to pornographic material depicting children. ... For the domesticated crop plant called rape, see rapeseed. ... For other uses, see Coercion (disambiguation). ... For other uses, see Torture (disambiguation). ... For other uses, see Violence (disambiguation). ... Look up Bestiality in Wiktionary, the free dictionary. ... Look up Necrophilia in Wiktionary, the free dictionary. ... This article or section should be merged with Watersports (BDSM) Urolagnia (also known as urophilia) is a paraphilia involving sexual attraction to urine. ... Look up coprophilia in Wiktionary, the free dictionary. ...

List of Chief Censors

William Jolliffe was born in Bloomsbury, Middlesex, England on 16 September 1851, the son of William Peter Jolliffe and Harriett Penny. ... Walter Alfred Tanner was born in Northampton, England in 1878, the son of William Wilcox Tanner, MP for Heathcote, Christchurch, and Emily E Browett. ... William Arthur Leopold von Keisenberg was born in Wanganui, New Zealand on 18 April 1881, the son of William Carl H. von Keisenberg. ... Gordon Holden Mirams was born in Christchurch on 9 March 1909, the son of Leslie Haywood Mirams and Mary Elvire Webb. ... Arthur Everard graduated with a BA in psychology from Victoria University of Wellington and worked for 17 years as a writer, editor and director at the National Film Unit. ... Jane Wrightson was born in Hastings, New Zealand in 1958. ... Kathryn Paterson (October 17, 1962–September 20, 1999) was raised in the sea-side town of Umina, north of Sydney, Australia, the daughter of June, a teacher, and Phil Paterson, a pharmacist. ... Bill Hastings William Kenneth Hastings has been New Zealands Chief Censor since 1999. ...

Research

The OFLC regularly conducts research into a variety of issues concerning media regulation. Since 2000, it has published research on Public and Professional Views Concerning the Classification and Rating of Films and Videos (2000); Public Consultation on Sexually Explicit Videos (2001 and 2002); A Guide to the Research into the Effects of Sexually Explicit Films and Videos (2003); The Viewing Habits of Users of Sexually Explicit Movies in Wellington and Hawke's Bay (2004 and 2005); Underage Gaming (2005); Young People's Use of Entertainment Mediums (2006); and Public Perceptions of Highly Offensive Language (2007). For the first Duke of Wellington, see Arthur Wellesley, 1st Duke of Wellington. ... Hawkes Bay is a region of New Zealand. ...


The OFLC also regularly convenes panels that are demographically representative of New Zealand as a whole to assist it with the classification of particular publications. It has convened public panels to assist it with the classification of films such as Baise-moi, Salo, Monster's Ball, Irreversible, Silent Hill, Du er ikke alene, Lolita, 8MM and Hannibal. More frequently, the OFLC consults experts to assist it with the classification of various publications. For example, religious experts were consulted to assist with the classification of The Passion of the Christ, experts in road safety were consulted on Mischief Destroy, the Children's Commissioner on Ken Park and The Aristocrats, homeopathic practitioners on drug manufacturing books written by Steve Preisler, various human rights organisations and the Vicar of Gisborne on a publication entitled Against Homosexuality[1], and rape crisis centres and psychologists on Irreversible and an edition of the University of Otago student magazine Critic. The cover of the UK edition of the film shows that the film used its notoriety as a marketing ploy Baise-moi is a book first published in 1999 and authored by Virginie Despentes. ... Salo may refer to: Salò (Salo), a town in Lombardy, Italy Salò Republic (Italian Social Republic, or Repubblica di Salò) Salo, Finland, a town in the province of Western Finland Salo, Gabon, a town in Ogooué-Ivindo, Gabon Salo (food) - Salted unrendered pork fat Salò o le 120 giornate di... Monsters Ball is a 2001 American drama/romance film. ... Movie Poster for Irréversible Irréversible (2002, France) is a film written, directed, edited, and photographed by Gaspar Noé. It is considered to be one of the most controversial and disturbing films ever made, due to its explicit on-camera depiction of rape and a vengeful murder. ... This article is about the video game franchise. ... Du er ikke alene (English: You Are Not Alone) (1978) is a Danish coming-of-age film written by Lasse Nielsen and Bent Petersen, directed by Lasse Nielsen and Ernst Johansen and produced by Steen Herdel. ... Lolita (1955) is a novel by Vladimir Nabokov. ... 8mm may be referring to: 8mm film, or its replacement American film entitled 8mm about a private detective verifying the existence of a snuff movie. ... For other uses, see Hannibal (disambiguation). ... This article is about the film. ... Childrens Commissioner could refer to: Childrens Commissioner for England Childrens Commissioner for Northern Ireland Childrens Commissioner for Scotland is another term for Scotland’s Commissioner for Children and Young People (SCCYP) Childrens Commissioner for Wales Category: ... Ken Park is a controversial 2002 drama film. ... The Aristocrats is a 2005 documentary film about the infamous dirty joke of the same name. ... Homeopathy (also spelled homœopathy or homoeopathy), from the Greek words homoios (similar) and pathos (suffering), is a controversial system of alternative medicine involving the use of remedies without chemically active ingredients. ... Uncle Fester is the author of such controversial books as Secrets of Methamphetamine Manufacture, and Silent Death. ... Gisborne is the name of a unitary authority (in this case, a region and district) in New Zealand. ... Rape crisis centers evolved in order to help victims of rape, sexual abuse, and other forms of sexual violence. ... Movie Poster for Irréversible Irréversible (2002, France) is a film written, directed, edited, and photographed by Gaspar Noé. It is considered to be one of the most controversial and disturbing films ever made, due to its explicit on-camera depiction of rape and a vengeful murder. ... The University of Otago (Māori: ) in Dunedin is New Zealands oldest university with over 20,000 students enrolled during 2006. ... Critic is the official magazine of the Otago University Students Association (OUSA) of the University of Otago. ...


Each year, the OFLC consults media studies students in its high school programme called Censor for a Day during which an unreleased film is shown to high school students who are then asked to classify it applying the criteria in the Films, Videos, and Publications Classification Act 1993. The students' classification is compared with, and usually identical to, the film's actual classification. Films used for Censor for a Day have included There's Something About Mary, American Pie, Road Trip, Final Destination 3, V for Vendetta, Thirteen, Crazy/Beautiful, Garage Days, The Notorious Bettie Page and Atonement. Theres Something About Mary is an American film released in 1998 by 20th Century Fox, directed by Bobby Farrelly and Peter Farrelly (the Farrelly brothers). ... For other uses, see American Pie (disambiguation). ... This article is about the film Road Trip. ... Final Destination 3 is a 2006 horror film, and the third film in the Final Destination series. ... This article is about the comic book series. ... 13 (Thirteen) is the natural number following 12 and preceding 14. ... This article does not cite any references or sources. ... Garage Days is a 2002 film directed by Alex Proyas. ... The Notorious Bettie Page is a biographical film about pinup and bondage model Bettie Page, who is portrayed by Gretchen Mol. ... For other uses, see Atonement (disambiguation). ...


Criticism

The Society for the Promotion of Community Standards (SPCS) has repeatedly criticised the OFLC for not banning films such as Baise-moi, Irréversible, Takashi Miike's Visitor Q and Lies which it classes as highly pornographic and violent. It also alleges that the agency has a policy of banning or restricting films which attack gay lifestyles. In fact, the OFLC cannot, by law, ban expressions of opinion and has never done so. The Society also criticised the OFLC for giving an R16 classification to Mel Gibson's film, The Passion of the Christ. This was lowered to R15 by the Film and Literature Board of Review in an appeal brought by the film's distributor, Hoyts. The Society is opposed to "sexual promiscuity" and often its criticism of the OFLC refers to the fact the Chief Censor, Bill Hastings, is gay. The Society has alleged that Mr Hastings is a participant in a 'gay agenda' aimed at promoting homosexuality and promiscuity through giving liberal classifications to films that it believes should be banned. The Society for the Promotion of Community Standards (or SPCS) is a conservative Christian-dominated pro-censorship organisation in New Zealand. ... The cover of the UK edition of the film shows that the film used its notoriety as a marketing ploy Baise-moi is a book first published in 1999 and authored by Virginie Despentes. ... Irréversible (2002, France) is a film written, directed, edited, and photographed by Gaspar Noé. It is considered to be one of the most disturbing and controversial films of 2002, due to its explicit on-camera depiction of rape and murder. ... Takashi Miike ) (born August 24, 1960) is a highly prolific and controversial Japanese filmmaker. ... Visitor Q, or Bizita Q (Japanese title) (2001) is a controversial arthouse film directed by cult Japanese director Takashi Miike. ... Gojitmal Gojitmal (거짓말, English-title:Lies) is a 1999 controversial South Korean movie depicting a sadomasochistic sexual relationship between 38-year-old sculptor and 18-year-old student. ... Porn redirects here. ... Violence is a general term to describe actions, usually deliberate, that cause or intend to cause injury to people, animals, or non-living objects. ... Homosexuality refers to sexual interaction and / or romantic attraction between individuals of the same sex. ... Mel Columcille Gerard Gibson (born January 3, 1956) is an American-Australian actor, Academy Award winning director and producer. ... This article is about the film. ... Current Logo of Hoyts Cinemas Australia introduced in Jan 2007 Hoyts is an Australian chain of cinema multiplexes. ... “Promiscuous” redirects here. ... Bill Hastings William Kenneth Hastings has been New Zealands Chief Censor since 1999. ... The term gay agenda is primarily a talking point (a political tool) used by those who oppose gay rights. ...


SPCS has recently targeted films scheduled for exhibition in the Beck's Incredible Film Festival and the New Zealand International Film Festivals. SPCS criticisms fail to note that New Zealand censorship laws have required censors to consider artistic and literary merit since the debate over Stanley Kubrick's first cinematic adaptation of Vladimir Nabokov's Lolita in 1960. Kubrick redirects here. ... Vladimir Vladimirovich Nabokov (Russian: Влади́мир Влади́мирович Набо́ков, pronounced ) (April 22 [O.S. April 10] 1899, Saint Petersburg – July 2, 1977, Montreux) was a Russian-American, Academy Award nominated author. ... Lolita (1955) is a novel by Vladimir Nabokov. ...


Having apparently exhausted its avenues of appeal over censorship decisions, in 2006 the SPCS began to criticise the financial management of the OFLC. It complained to the Auditor General that the OFLC was inefficient and mis-managed taxpayer funds. The Auditor General dismissed the SPCS' complaint, stating that "no evidence of waste was found during the course of the audit" of the OFLC.[2]


In June 2007, Exit International Director Dr Philip Nitschke described the decision by the Classification Office banning The Peaceful Pill Handbook as "very disappointing" while recognising "that the Censor was under intense political pressure over this decision"[3]. The book was banned because it promotes and encourages criminal activity by offering instruction in how to smuggle and manufacture controlled drugs in violation of a number of statutes, not because it advocates reform of the law to permit the seriously ill and elderly access to pentobarbital.[4] Philip Nitschke (born 1947) is an Australian medical doctor, Humanist and founder of the pro-euthanasia group Exit. ...


External links

  • Office of Film and Literature Classification
  • Society for the Promotion of Community Standards

See also

  • Angela Carr: Internet Traders of Child Pornography and Other Censorship Offenders in New Zealand: Department of Internal Affairs: Wellington: 2004 (available from the Department of Internal Affairs [5]

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