Alexander Marc: Films Videos and Publications Classification  Amendment Bill — Third Reading 
Alexander Marc: Films Videos and Publications Classification  Amendment Bill — Third Reading 
[Volume:623;Page:18715] 
MARC ALEXANDER (United Future) 
: 
 The previous speaker mentioned that socialists had been imprisoned for what they said and thought. Although I am not an advocate for censorship I am now starting to warm to the idea. 
The problem of pornography and child pornography in this country is one of huge concern and this bill addresses a number of things. The Department of Internal Affairs caught 103 men trading in child pornography between 1997 and January 2003 in Operation Landslide but it is a long and drawn-out process and a difficult one for the department. Investigators have to go into chat rooms. When offered child pornography they can obtain a warrant to get the personal details provided to the Internet service provider. They then trace the address of the person who offered the material. The investigators then have to obtain another warrant to visit the offender’s address and seize his or her computer and any other evidence that is deemed necessary. Of course New Zealand law does not allow the police to execute search warrants on people who simply visit a website. 
The point is that it is a very long drawn-out process and up until now the penalties have not been very substantial at all. On 14 January of this year it was reported that nearly half of the 185 convicted child-pornography users profiled in a study by the department had regular access to children. That is hugely worrying. Those offenders aged between 15 and 20 were the single largest demographic group and represented 25 percent of all child-pornography users. That should be a big warning sign for all of us. 
On 11 March it was reported that an Auckland man was caught trading advertising and collecting images that included the rape of 3-year-olds toddlers being tortured and sex acts on babies. He did not even get a prison term. We clearly have a long way to go and this legislation is but one of a number of steps that we have to pursue to try to stem the tide of pornography which is an abuse on individuals and child pornography which is the worst of all in many ways. 
I take issue with some of the matters raised by the ACT member. Highly offensive language is targeted in this bill. There is a distinction between highly offensive language and highly offensive ideas. They are not the same thing. A message can be conveyed without certain types of language being used and without the message necessarily being watered down. Furthermore it is not an out and out restriction; it is simply a cap. Highly offensive language is not subject to an outright censorship but to a restriction—a curb—for those under the age of 18. So that creates a very reasonable balance with the main aims and thrusts of this bill. I think that ACT’s objection is a Trojan Horse that hides behind the facade of freedom of expression at the expense of the protection of our most vulnerable. I simply do not buy it. 
Under this legislation people producing trading in or distributing child pornography will face up to 10 years in jail—a tenfold increase on the present penalties—and that has to be welcomed. The bill also extends the offences of trading and distribution to cover all forms of distribution whether or not commercial gain is involved. There will also be new offences of possession with knowledge to apply where a person has reasonable cause to believe that a publication is objectionable. 
It is sad that such a bill needs to be passed by the House but it must be welcomed. It is good to see that nearly all parties in this House have put party political nonsense aside in order to be constructive and to work together. It is good to see that when matters of law and order are concerned both National and Labour have sought to put aside their differences and put the interests of the public ahead. I also acknowledge the support of New Zealand First and the Greens. It is a tragedy that there was not a unanimous decision by all the parties of this House to pass the bill. It is a tragedy that ACT could not see beyond its own strange odd libertarian nonsense and put the interests of children and the most vulnerable people in our society ahead of its own nauseating sanctimonious ideologies. United Future supports this bill and commends it to the House.