Films, Videos, and Publications Classification Act 1993

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3B Publication may be age-restricted if likely to be injurious to public good for specified reasons

(1)

A publication to which subsection (2) applies may be classified as a restricted publication under section 23(2)(c)(i).

(2)

This subsection applies to a publication that contains material specified in subsection (3) to such an extent or degree that the availability of the publication would, if not restricted to persons who have attained a specified age, be likely to be injurious to the public good for any or all of the reasons specified in subsection (4).

(3)

The material referred to in subsection (2) is material that—

(a)

describes, depicts, expresses, or otherwise deals with—

(i)

harm to a person’s body whether it involves infliction of pain or not (for example, self-mutilation or similarly harmful body modification) or self-inflicted death; or

(ii)

conduct that, if imitated, would pose a real risk of serious harm to self or others or both; or

(iii)

physical conduct of a degrading or dehumanising or demeaning nature; or

(b)

is or includes 1 or more visual images—

(i)

of a person’s body; and

(ii)

that, alone, or together with any other contents of the publication, are of a degrading or dehumanising or demeaning nature.

(4)

The reasons referred to in subsection (2) are that the general levels of emotional and intellectual development and maturity of persons under the specified age mean that the availability of the publication to those persons would be likely to—

(a)

cause them to be greatly disturbed or shocked; or

(b)

increase significantly the risk of them killing, or causing serious harm to, themselves, others, or both; or

(c)

encourage them to treat or regard themselves, others, or both, as degraded or dehumanised or demeaned.

Section 3B: inserted, on 22 February 2005, by section 5 of the Films, Videos, and Publications Classification Amendment Act 2005 (2005 No 2).