Collins Judith: Objectionable Publications and Indecency Legislation Bill — First ReadingText is incorporated into the Bound VolumeCollins Judith: Objectionable Publications and Indecency Legislation Bill — First Reading[Sitting date: 19 November 2013. Volume:695;Page:15101. Text is incorporated into the Bound Volume.]Hon JUDITH COLLINS (Minister of Justice): I moveThat the Objectionable Publications and Indecency Legislation Bill be now read a first time. I nominate the Justice and Electoral Committee to consider the bill. This bill addresses an appalling issue that confronts not only New Zealand society but all areas of the globe. Offenders can now possess and distribute millions of images of sexually exploited children. In 2009 the United Nations estimated that internationally 200 new images were put into circulation every day. The internet allows offenders to access and share these publications with ease.One of the central features of the internet is its ability to simultaneously connect thousands of people and allow the continuous exchange of information including text audio and video. This connectivity can facilitate the possession and sharing of offensive material such as child sexual abuse online. Advances in technology enable the transmission retrieval and storage of an almost infinite quantity of data at speeds and costs unimaginable only a decade ago. These advances mean that distribution is significantly easier. Those who possess objectionable publications can at the click of a button further distribute the material to a large number of peers.There is also evidence that the content of the publications is getting worse and that the children being sexually abused are getting younger. In 2007 the United Kingdom’s Internet Watch Foundation identified a rise in the number of websites depicting the most extreme and brutal forms of abuse. This trend is supported by observations made by the New Zealand Chief Censor of Film and Literature the Deputy Chief Censor of Film and Literature and New Zealand’s enforcement agencies. In addition these images are often replicated and further distributed across the internet. These images can endure for the lifetime of the victim and beyond. Victims can feel revictimised by the knowledge that an image of them remains available to be viewed and shared.I say that to keep pace with this hideous crime the law needs to change too. Increasing penalties sends a clear message that the possession of and trade in child sexual abuse online is an abhorrent act. The bill increases the penalty for possession of an objectionable publication from 5 years to 10 years’ imprisonment; for importing or exporting an objectionable publication from 5 years to 10 years’ imprisonment; and for the supply distribution and making of an objectionable publication from 10 years to 14 years’ imprisonment. An increase of this magnitude will mean New Zealand has a high penalty regime for this type of offending compared with some other countries.The bill also ensures that the law adequately addresses this horrendous offending by making four further changes. First the bill will make it clear that possession of objectionable material includes intentionally viewing electronic material without consciously downloading or saving it. This amendment will remove any risk that offenders with particular technical expertise would be able to view objectionable publications without downloading or saving them. This will also futureproof the offences against unforeseeable advances in technology.Secondly the bill provides a presumption of imprisonment for repeat child sexual abuse offenders. This presumption will apply unless the court is satisfied that the repeat offender should not be sentenced to prison because of a particular circumstance relating either to the offender or the offence.Thirdly the bill removes the requirement to attain the Attorney-General’s leave to prosecute objectionable publication offences. This was historically a safeguard against inappropriate prosecutions. The Department of Internal Affairs the Customs Service and New Zealand Police now have significant experience and internal processes for checking the appropriateness of a proposed prosecution. Accordingly the requirement to seek leave from the Attorney-General is no longer serving any useful purpose.Lastly the bill creates a new offence of indecent communication with a young person who is anyone under the age of 16. There is currently a gap in the law between objectionable publication offences which apply only if the offender makes a record of communication with a young person and the sexual grooming offence. The sexual grooming offence applies only if the offender intentionally meets or travels with the intention of meeting the young person or arranges for or persuades the young person to travel with the intention of meeting him or her. Offences such as indecent exposure and an indecent act in a public place cover acts done in a public place. However they do not cover indecent acts performed in a private place but streamed over the internet.Indecent communication by an adult with a child can occur in a variety of ways including via text or picture messaging internet chat or telephone. Such communications are damaging to the child regardless of the medium. A specific offence is therefore needed to ensure that this damaging behaviour is criminalised regardless of whether the offender makes a record of the communication or whether the offender has taken steps to physically meet with a young person. To address that gap in the law clause 13 of the bill creates a new offence in the Crimes Act of indecent communication with a child or a person an offender thinks is a child. The new offence will be punishable by a maximum of 3 years’ imprisonment.The measures in this bill will improve the safety of young people by increasing the severity of sentences and deterring those offenders who would seek to exploit children for their own perverse ends. I commend this bill to the House.The ASSISTANT SPEAKER (H V Ross Robertson): I call the honourable member Andrew Little.