New Zealand Government Seeking To Expand Its Internet Censorship Powers

from the move-fast-and-break-things-I-guess dept

New Zealand has been in the censorship business for years, but the government appears to believe it's still not doing enough censoring. Legislation stemming from the government's reaction to the live-streamed Christchurch shooting seeks to expand its ability to block content it deems to be objectionable. In most cases, this means content related to terrorism or violent extremism. But the livestreaming of a mass shooting has created an open-ended definition for the government to work with in conjunction with its criminalization of this act.

Newsroom has written up a very thorough examination of the proposed law, with this chilling bit found all the way at the end of its article.

Lastly, the legislation makes it an offence to livestream objectionable content. [...] The new offence would be punishable by up to 14 years in prison if carried out by an individual or a $200,000 fine for corporations.

Define "objectionable." Certainly livestreaming a mass murder would be objectionable, but not if you're a witness to the horror, rather than the perpetrator. But who knows how the law will be read? The threat of a long prison sentence is likely to deter people from streaming horrific events, even if such streaming is newsworthy. This seems to leave everything up to prosecutorial discretion -- something that often isn't deployed reasonably or equitably.

There's a lot more to this bill, though. The government wants ISPs and platforms to do more policing of content it doesn't like. But even with more time and effort being put towards the proposal, legislators still seem hazy on the implementation details. And this uncertainty can be inflicted on the rest of the world.

For the purposes of this measure, "online content hosts" refers to companies "both in New Zealand and overseas that provide services to the public".

Companies issued a takedown notice must remove the content "as soon as is reasonably practicable", although they may be asked to securely and privately retain a copy for later investigation.

Non-compliant hosts can be taken to court and made to pay a fine of up to $200,000.

Legislators appear to believe website filtering will limit the amount of "objectionable" content available to New Zealand residents. Again, this proposal appears to build on the government's past failures under the assumption that a renewed effort will make things work right this time. But if the past is any indication of future success, this is going to cause far more problems than it solves. ISPs are being asked to do something, but no one has made it explicitly clear what they should be doing.

Since the March 15 terror attack, ISPs have repeatedly asked the Government to create a framework for ordering the blocking or filtering of websites. In the immediate aftermath of the attack, ISPs butted heads with DIA officials who wanted content blocked but didn't have the statutory authority to demand that.

The government is going to build a new filter list once it has the legal authority to do it. Hopefully, this effort will be less of a debacle. The previous effort was an ad hoc disaster.

The list of URLs to be blocked was hosted on a Google spreadsheet and on at least one occasion, an email full of website addresses for censoring was deleted by an email spam filter.

The legislation will attempt to bang this all together into a usable whole, but about the only thing that seems clear at this point is the government feels more and faster censorship of the web is necessary. The bill gives the country's Chief Censor the power to make "interim" rulings on content, allowing this entity to expedite deletions, blocklist additions, and takedown demands. And this would cover whatever the government decides is "objectionable." If it restrains itself to targeting extremist content, it still runs the risk of censoring newsworthy content that may contain information investigators and security agencies might have found useful. It will certainly end up accidentally censoring stuff it never meant to censor while allowing the content it's trying to target to slip past its patchwork blockade.

Filed Under: censorship, free speech, internet, new zealand, objectionable content, online harms


Reader Comments

Subscribe: RSS

View by: Time | Thread


  • identicon
    Anonymous Coward, 29 May 2020 @ 4:15am

    I find most politicians to be objectionable, so no more live-streaming of any speeches?
    But live-streaming means as it is happening... So a person needs to know to stop recording before the objectionable part happens?

    reply to this | link to this | view in chronology ]

  • identicon
    Anonymous Coward, 29 May 2020 @ 4:31am

    Western civilization has been through all this before, like all the censorship after the invention of the printing press, where copyright was literally official permission to produce copies, and required before a book was printed. That effort did not preserve the power of church or state, but just caused conflict until a society changed to accommodate the increased ability of the people to exercise power.

    reply to this | link to this | view in chronology ]

  • identicon
    Anonymous Coward, 29 May 2020 @ 5:25am

    NZ likely can't do anything about it

    reply to this | link to this | view in chronology ]

  • icon
    JoeCool (profile), 29 May 2020 @ 5:39am

    One law for you, and another for us

    $200,000 fine? Really? How is that going to deter any but the very smallest of companies. This is clearly aimed at the peons, as usual. Hell, companies routinely ignore fines in the millions of dollars - they'll laugh at the idea that a fine in the thousands is anything but a green light to behavior.

    reply to this | link to this | view in chronology ]

  • identicon
    Anonymous Coward, 29 May 2020 @ 6:02am

    when are people going to wake up to the fact that governments everywhere are in cahoots to take control of the Internet, removing the option for ordinary people to access it unless specific permission is granted, a fee paid and only the sites deemed 'OK' by these governments being accessible? it's got nothing to do with what they say is 'objectionable content' and everything to do with keeping hidden whatever they dont want us to learn about, usually what those in government and their 'friends' have been/are up to! the Internet is supposed to be free for everyone to search for whatever they want, regardless of how hidden. it was never intended to be locked down by any one government or industry or government. laws like this are removing freedom and privacy as well as free speech from what are supposed to be democratic countries run by what are supposed to be democratic governments. this is what happens when those in government want to destroy democracy under the guise of 'protecting the children' and similar excuses when really all they are after is protecting themselves and their own wrong doings!!

    reply to this | link to this | view in chronology ]

    • identicon
      Anonymous Coward, 29 May 2020 @ 7:42am

      Re:

      Its unlikely they will be able to take control of the Internet. Also its unlikely they will ever remove the option for ordinary people to access it unless specific permission is granted or force a fee paid.

      reply to this | link to this | view in chronology ]

  • identicon
    Anonymous Coward, 29 May 2020 @ 8:50am

    It depends on what some official deems offensive,
    how wide is the net, new Zealand is a small country. Will they simply draw up a list of extreme websites?
    A bad law can block a lot of legal content, like reporting on war crimes or details of government surveillance of protesters or illegal acts by police
    200k is nothing to Google or Facebook. It would be a lot to a small isp in new Zealand
    See Fosta in America many websites took down personal dating ads to avoid anything to do
    with adults having casual sex

    reply to this | link to this | view in chronology ]

  • icon
    ECA (profile), 29 May 2020 @ 12:02pm

    BIG problem they never see..

    Keep the bad news from ever being on TV, and what do you get?
    You never see things coming or happening.
    Lets do this to the weather channel. and see what happens to the Kiwi's.

    reply to this | link to this | view in chronology ]

  • identicon
    Glenn, 29 May 2020 @ 2:11pm

    Because being a witness to criminal activity is just as bad as committing the crime... of course.

    reply to this | link to this | view in chronology ]

    • identicon
      AC-12, 29 May 2020 @ 3:32pm

      Re: witness to criminal activity

      is just as bad as committing the crime... of course.

      Like live-streaming a cop killing someone in Minneapolis, maybe?

      reply to this | link to this | view in chronology ]

  • icon
    Code Monkey (profile), 29 May 2020 @ 4:09pm

    ..Define "objectionable." Certainly livestreaming a mass murder would be objectionable, but not if you're a witness to the horror, rather than the perpetrator.

    Shouldn't that be the other way around? If I were a witness to that mass murder in ChristChurch, I know I would find that objectionable....

    reply to this | link to this | view in chronology ]


Add Your Comment

Have a Techdirt Account? Sign in now. Want one? Register here



Subscribe to the Techdirt Daily newsletter




Comment Options:

  • Use markdown. Use plain text.
  • Remember name/email/url (set a cookie)

Close

Add A Reply

Have a Techdirt Account? Sign in now. Want one? Register here



Subscribe to the Techdirt Daily newsletter




Comment Options:

  • Use markdown. Use plain text.
  • Remember name/email/url (set a cookie)

Follow Techdirt
Insider Shop - Show Your Support!

Advertisement
Report this ad  |  Hide Techdirt ads
Essential Reading
Techdirt Deals
Report this ad  |  Hide Techdirt ads
Techdirt Insider Chat
Advertisement
Report this ad  |  Hide Techdirt ads
Recent Stories
Advertisement
Report this ad  |  Hide Techdirt ads

This site, like most other sites on the web, uses cookies. For more information, see our privacy policy. Got it
Close

Email This

This feature is only available to registered users. Register or sign in to use it.