Bill to increase penalties for online child sexual offences; new 'indecent communication' offence

Justice Minister Judith Collins has introduced legislation into Parliament which would increases the maximum penalties for online child sexual offences and other objectionable publication offences. It also a new offence of indecent communication with a child (anyone under the age of 16) which includes texting, online and verbal communication.

The Objectionable Publications and Indecency Legislation Bill includes the new measures of:

• increasing the maximum penalty for possession, import or export of an objectionable publication from 5 years to 10 years imprisonment
• increasing the maximum penalty for distributing or making an objectionable publication from 10 years to 14 years imprisonment
• creating a presumption of imprisonment for repeat offenders - any person convicted of a child sexual exploitation offence for a second time will be sentenced to a term of imprisonment
• making it clear in the Films, Videos, and Publications Classification Act 1993 that possession of objectionable material includes intentionally viewing electronic material without consciously downloading or saving it
• creating a new offence of indecent communication with a child (anyone under the age of 16) which includes texting, online and verbal communication.

The creation of an "indecent communication" offence is intended to reflect the ways in which offenders can use social networking sites, online chat programmes and communication tools such as texting to to communicate with children with abusive intentions.

Anti-violence agencies Stop Demand and NetSafe expressed support for the new New Zealand legislation. Denise Ritchie from Stop Demand highlighted that the ongoing revictimisation of having an act of abuse posted online for an indeterminate amount of time can be "psychologically devastating".

New Zealand signed up to the Global Alliance against Child Sexual Abuse Online last year.

In Victoria, Australia, a Parliamentary inquiry today called for the introduction of a 'sexting' offence. However it also called for a new defence for child pornography offences to ensure sexting teens are not treated like paedophiles.

Update:

On 31 July 2014, ACC Minister Judith Collins announced an addition to the Objectionable Publications and Indecency Legislation Bill that would extend ACC sensitive claims cover to children or young people who are victims of sexual grooming or indecent communications.

Resources:

Netsafe website - Aotearoa NZ educational advocate for cybersafety

Media:

Bill to fight child exploitation passes second reading, Beehive, 25.02.2015

ACC cover to extend to child victims of sexual grooming, Beehive: Judith Collins, 31.07.2014

Radio New Zealand Morning Report, 28.05.2013

Govt to crack down on online child sex abuse, TVNZ, 27.05.2013

New bill fights child sexual abuse online, Voxy, 27.05.2013

Parliament to consider tougher penalties for online child sex abuse, New Zealand Herald, 27.05.2013

New laws to tackle online sex crimes, The Dominon Post, 28.05.2013

Research report

Australian Centre for the Study of Sexual Assault, 2012, The role of emerging communication technologies in experiences of sexual violence: A new legal frontier?