Buying and selling DVDs and games on the internet
This page discusses the legal obligations imposed on individuals who buy and sell videos, DVDs and games on the Internet.
Sellers
The Films, Videos, and Publications Classification Act 1993 states that a film, video, DVD, or restricted game must not be offered for supply to the public unless it has a New Zealand label affixed to it. The words "supply to the public" include sales, hires, exchanges and loans. A seller who breaches this obligation is liable to a fine of up to $3,000 (or up to $10,000 if the seller is a company).
The following scenarios show whether or not a seller is breaching the law by supplying a video, DVD, film, or restricted game for sale or hire that does not have a New Zealand label on it.
A. Seller in New Zealand; Buyer in New Zealand.
The seller must have a New Zealand label on the video, DVD, film or restricted game.
B. Seller overseas; Buyer in New Zealand.
If the seller is offering for supply to the public of New Zealand Section 7 the New Zealand Crimes Act 1961 would apply. It states:
For the purpose of jurisdiction, where any act or omission forming part of any offence, or any event necessary to the completion of any offence, occurs in New Zealand, the offence shall be deemed to be committed in New Zealand, whether the person charged with the offence was in New Zealand or not at the time of the act, omission, or event.
Therefore, offering a product from a location outside New Zealand to a person inside New Zealand comes under the definition of supply in the Film, Videos, and Publications Classification Act 1993, and the supplier should label the video, DVD, film or restricted game accordingly, although this requirement is only enforcable upon the seller within the New Zealand jurisdiction.
C. Seller in New Zealand; Buyer overseas.
If the seller excludes New Zealanders from the offer, then the seller is no longer "offering for supply to the public" and the video, DVD, film or restricted game does not need a New Zealand label.
D. Seller overseas; Buyer overseas.
Neither seller nor buyer is located in New Zealand, so New Zealand law does not apply to them. They must, however, comply with relevant foreign laws.
Buyers
The Act imposes no labelling obligations on buyers of videos and DVDs. With one exception (discussed below under Buyers and Sellers), a person can legally buy a video, DVD, film or restricted game that does not have a New Zealand label on it, although the seller may be in breach of the law.
If, however, the buyer goes on to offer that video, DVD, film or restricted game for sale or hire to the public, they become a seller and the law related to sellers set out above applies.
Buyers and Sellers
It is illegal for anyone to possess, buy or sell an 'objectionable' (as defined by New Zealand law) video, DVD, film or game in New Zealand. A video, DVD, film or game can be objectionable under New Zealand law even if it has an overseas label. A person located in New Zealand is liable to be imprisoned for up to 5 years for buying and possessing an objectionable video, DVD, film or game regardless of where the seller is located. A person located in New Zealand who offers to sell an objectionable video, DVD, film or game is liable to be imprisoned for up to 10 years regardless of where the buyer is located.
For more information on offences and penalties refer to the Plain English Guide to Offence Provisions.
The New Zealand Customs Service has the power to seize objectionable videos, DVDs, films or games that have been imported into New Zealand. Buyers and sellers should therefore make themselves aware of the definition of 'objectionable' in New Zealand law to avoid prosecution.
Unrestricted games are treated differently by the law
The law treats computer games slightly differently because the Act was written before they became a significant and popular medium. Section 8(1)(q) allows a computer game that has no restricted content to be sold without a New Zealand label affixed to it.
A computer game that has been classified MA15+ in Australia or any game with restricted content must have a New Zealand label on it before it is sold.
- Guide to Video Game Labels (PDF, v7.0, 183kb)
For more information on the classification of electronic games please go to the Electronic Games page.
Summary
People in New Zealand who offer videos, DVDs, films or restricted games for sale on the Internet should be aware that the law requires them to comply with labelling obligations and obligations not to deal in objectionable material, or restricted material where the purchaser is underage. Because a video, DVD, film or game does not have to have been classified for it to be objectionable under New Zealand law, an overseas label offers no protection from prosecution if it is indeed objectionable in this country.
Anyone interested in obtaining a label should contact the Film and Video Labelling Body at:Email: enquiries@fvlb.org.nz
Phone: (09) 361 3882
Fax: (09) 360 1135
Postal: Level 3, 16 College Hill, New Zealand