Censors protecting the “public good” from morally toxic computer games

The just released 2009/10 Annual Report of the Office of Film and Literature Classification (OFLC) has highlighted a computer game that the Office has recently banned. In its summary of reasons for the decision it states:

 ”The game presents still images and text that legitimises sexual violation and rape in a manner that is intended to sexually arouse the player who takes on the role of a rapist who preys primarily on school girls… Sexual violation and rape are essential to complete the game in its entirety”.

The Society considers it important that the public be made aware of the nature of the objectionable corrupting publications that are being produced for the commercial market by hard core pornographers and others bent on profiteering by the exploitation of people with addictions to moral vices etc.

 The public needs to learn about the vital role played by our Classification Office  to  ensure that such morally corrupting material that injures the “public good” is banned. For this reason it has sought over the last ten years to recommend quality, well-qualified people for nomination to the Film and Literature Board of Review that deals with appeals against classification decisions issued by the OFLC.

New appointments to Film and Literature Board of Review

Internal Affairs Minister Nathan announced on 29 June three new appointments to the Film and Literature Board of Review. Dr Don Mathieson has been appointed as President of the Board with Andrew Caisley as Deputy President. Dr Laurence Simmons also joins the Board.

Wellington lawyer Dr Mathieson is well qualified for this role. He is Queen’s Counsel and a former lecturer who currently works as a part-time Special Counsel to the Parliamentary Counsel Office.

“Mr Caisley is a founding partner of law firm Kiely Thomson Caisley. He has longstanding experience in theatre and arts organisations having served on the Council of Creative New Zealand, the Silo Theatre Board and as the founding Chair of New Theatre Initiative.

“Dr Simmons is Deputy Head of the Film, Television and Media department at the University of Auckland. He is fluent in Italian and is the author of many books, articles and other publications. Dr Simmons was awarded a Senior Fulbright Fellowship in 2002.

“All new members have been appointed for terms of three years.”

http://www.beehive.govt.nz/release/new+appointments+film+and+literature+board+review

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Three New Appointments to the Film and Literature Board of Review

Press Release 14/12/07 Hon. Rick Barker

http://www.beehive.govt.nz/ViewDocument.aspx?DocumentID=31670

Dr Josephine Baddeley, Judy Callingham and Louise Carroll have been appointed to the Film and Literature Board of Review, Internal Affairs Minister, Rick Barker announced today. [They replace three Board members whose terms of office expired on 31 March 2007: Peter Cartwright, Dr Lalita Rajasingham and Stephen Stelhin]

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Minister Hon. Rick Barker Fails to Replace Lame-Duck Board Censors

Media Release 24/10/07

The Minister of Internal Affairs, the Hon. Rick Barker, has failed to replace three members of the nine-member Film and Literature Board of Review (“the Board”), whose positions expired on 31 March 2007, almost seven months ago. The Society, which has raised numerous concerns with the Minister and his predecessor, the Hon. George Hawkins, over their respective failures to comply with their statutory duties regarding Board appointments; says that these three lame- duck members – Peter Cartwright, Dr Lalita Rajasingham and Stephen Stehlin – have played no active role in Board proceedings since 27 April 2007. However, it points out that the Board is required by law to have NINE fully-functioning members (not just six), each fully capable of participating in all review processes, who reflect the breadth of cultural, ethical and standards-based concerns found in New Zealand Society in the area of censorship (safeguarding the “public good”) [1].

The Board has continued this year to convene hearings, deliberate on critical reviews and issue decisions, but has done so since the end of April without any input from the three lame-duck members concerned. While it is true that the Board can operate with full authority and carry out its functions in law as a quorum of five [2], the non-participation of three members due to their positions having expired, is not sanctioned in law, says the Society. The quorum provision is only there for pragmatic reasons – to overcome genuine unavailability (sickness, family commitments, work conflicts etc) of members. It is not a provision put in place to assist a tardy Minister, unable or refusing to carry out his statutory duties. [Read more...]

Official Information Request to Minister Rick Barker and Department of Internal Affairs

10 May 2006

Official Information Request: 14 Questions

Attention:
Minister of Internal Affairs, Hon. Rick Barker
and the Chief Executive of the Department of Internal Affairs, Mr Christopher Blake
Re: Appointment process involving eight vacancies on the Film and Literature Board of Review
Dear Sirs,
The Society’s national executive is seeking urgent answers to the following questions:
1. Why did it take the Minister 18 months before calling for nominations for the eight statutory positions on the Film and Literature Board of Review that became vacant on 31 May 2004?

More Questions (2-14)

2. In the light of the expiry date noted in Q.1: Why has it taken the Minister four months following the closing date of nominations for these eight positions, 21 December 2005, to make a decision to reappoint all eight members of the board, a decision first notified to the public by way of his press released dated 8 May 2006?
3. How many nominations were received by the Minister for these eight positions and how many of the the nominees were suitably qualified for consideration for the positions.
4. What was the nature and scope of the appointment process undertaken by the Department of Internal Affairs and the Minister in the consideration of those applicants nominated?  

5. How many meetings were held by the Department of Internal Affairs officials to seriously consider the suitability of those persons nominated for board positions and did the Minister attend any of these meetings – if so how many?
6. Were any of the persons nominated formally contacted by the Department and/or the Minister in order to acknowledge that their application/nomination were being considered, or for any other reason, and if so, how many and when?
7. Was a short list ever drawn up by Department officials and/or Minister of the most suitably qualified nominees and were any meetings held by the Department and/or Minister to discuss the persons on any short list created?
8. What was the nature and number of the meetings held between Mr Barker and the Ministers of Justice and Minister of Women’s Affairs over the applications involving nominated persons?
9. Does the Minister take the view that his statutory duties to apply the law (re the appointment process) are suspended during the period a select committee considers a bill that proposes changes to that law, and if so, why and on what legal basis?
10. Does the Minister take seriously his statutory duties under the Films, Videos and Publications Classification Act 1993 to ensure that vacancies in the executive of the Office of Film and Literature Classification are filled, and if so why?
11. Why has the Minister not done anything about the fact that there has been a vacancy in the Office of Film and and Literature Classification since late September/October 2005, namely the position of Deputy Chief Censor of Film and Literature.?
12. On what, if any, legal basis, does the current Deputy Chief Censor Ms Nicola McCully, still hold office following the expiry of her term of office?
13. When does the Minister envision calling for nominations for the position of Chief Censor, currently held by Mr Bill Hastings, which becomes vacant later this year?
14. Does the law allow the Minister to reappoint eight board members so that they are able to hold the postion for a continuous period exceeding six years, as has been done with respect to five of the board members reappointed?
Yours sincerely
David Lane
(Secretary)
Mike Petrus (President)
Graham Fox (Vice President) 

Hon Rick Barker Announces Board Appointments

Hon Rick Barker Announces Appointments to the NZ Film and Literature Board of Review

Hon Rick Barker

8/05/06

Internal Affairs Minister Rick Barker has announced appointments to the Film and Literature Board of Review.

http://www.beehive.govt.nz/ViewDocument.aspx?DocumentID=25672

The Film and Literature Board of Review is a statutory appeal body. It examines publications already classified by the Office of Film and Literature Classification (the Chief Censor’s Office). Each publication is examined without regard to the initial classification.

“On 31 May 2004 the terms of eight members of the Film and Literature Board of Review expired. Changes to relevant legislation and the 2005 General Election caused considerable delays in the appointment process for these positions. The eight members agreed to remain in office until such time as the appointment process could be completed.

[Read more...]

Minister’s failure re 22 month-old Board vacancies

Minister of Internal Affairs fails in statutory duty over 22 month-old vacancies on Board

Media Release 22/03/06

The terms of office of eight members of the Film and Literature Board of Review expired almost 22 months ago and yet the Minister of Internal Affairs, Hon. Rick Barker, has failed to either reappoint them or replace them. They include Rotorua-based barrister Claudia Elliott (President), Greg Presland (Deputy President), Mark Anderson, Peter Cartwright (the Governor-General’s husband), Dr Brian McDonnell, Marion Orme, Dr Lalita Rajasinghe and Stephen Stehlin.

[Read more...]

Film Board Appointments Soon

Department claims Ministers will be in a position to consider possible Board appointments “soon”

Wednesday, 22 March 2006

Response from Department of Internal Affairs
To Information Request from National Secretary
Society for the Promotion of Community Standards Inc

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Call to Minister to replace Board Members

Monday, 31 October 2005

The Society is calling on the new Minister of Internal Affairs, Hon. Rick Barker, to replace all nine members of the Film & Literature Board of Review ["the Board”], including the Governor-General’s husband Peter Cartwright. Mr Cartwright’s term of office, along with those of seven other board members, expired 15 months ago on 31 May 2004. Their re-appointment can only be made by his wife, Governor-General, Dame Sylvia Cartwright, on the recommendation of the Minister.

[Read more...]

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