New Zealand’s Regulation of Internet Child Pornography
Ball, T. (2017). New Zealand’s Regulation of Internet Child Pornography (Thesis, Doctor of Laws (LLD)). University of Waikato, Hamilton, New Zealand. Retrieved from https://hdl.handle.net/10289/10872
Permanent Research Commons link: https://hdl.handle.net/10289/10872
The Internet has revolutionised the exchange of all forms of information, including that of an issue of great concern: child pornography. The consumption of child pornography is not a legislative or punitive problem. It is a law enforcement issue exacerbated by the main medium of supply, the Internet. The problem of the regulation of child pornography on the Internet has no universal answer. The solution to this concern will require a modulated response which will enable law enforcement agencies to adequately counter every aspect of the issue. This thesis examines New Zealand’s classification system and the primary statutory authority which prohibits the proliferation of child pornography, the Films, Videos, and Publications Classification Act 1993. Drawing on institutional, private and law enforcement narratives, this thesis investigates New Zealand’s current legal responses to the consumption of child pornography by way of the Internet. The intention of this investigation is to ascertain whether institutional responses could be improved and to make recommendations to assist law enforcement agencies to respond more effectively to this concern. Empirical data has been gathered from law enforcement personnel through qualitative research and has provided a privileged insight into the complexities of child pornography investigations. This qualitative empirical research confirmed that New Zealand’s child pornography legislation must be continually critiqued to ensure that it is keeping pace with technology. New Zealand’s institutional responses also need to be constantly evaluated to guarantee that the capacity of law enforcement agencies to respond to the problem of child pornography keeps pace with the main medium of supply, the Internet. Moreover, this thesis contends that all forms of child pornography should be outlawed because of its potential to cause harm to children and society. Although, the recommendations of this thesis do not constitute the definitive answer to the issue of child pornography on the Internet, each individual aspect of the recommendations constitutes a critical component of an overall response to this concern.
University of Waikato
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