Internet TV shows will need content warnings in wake of '13 Reasons Why'

Wednesday, 11 September 2019

Government says more information will protect people from harm.

Content warnings on internet television shows and download movies should be tightened up, the Government has decided.

Movies and shows available through internet television services such as Netflix and Lightbox will need to display content classifications in a similar way to films and shows released to cinemas and on DVD, Internal Affairs Minister Tracey Martin has announced.

The law change, which the Government plans to introduce to Parliament in November, would also apply to other companies that sell videos on demand, including Stuff Pix.

Martin said Netflix drama 13 Reasons Why showed why the classification system needed to be updated to reflect the way in which people were now viewing entertainment.

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The lack of warnings of sexual violence and suicide in the controversial hit teen drama was the 'worst example' of what could happen now, she said.

'The changes will standardise classifications for video-on demand and bring them in line with films and DVDs so that families and young people know what they're about to see when they sit down to a show or film.'

The tighter rules won't apply to websites designed to let people upload and share videos, so videos on YouTube's main site won't need to display classifications, but videos that YouTube sells through its rental service will.

In a compromise, internet television and video companies will be able to self-classify their content using a 'rating tool' being developed by the Chief Censor, or use their own systems to do that if they first have them accredited by the Classification Office.

Self-classification would allow content providers to classify shows and films without creating a significant delay in their release, a statement released by Martin said.

Internal Affairs Minister Tracey Martin has opted for the 'middle option' out of three put out for consultation earlier this year.

The Film and Literature Board of Review will be able to review classifications, as they do now for cinema movies and DVDs.

Martin said the change would be an important step in helping to manage 'unnecessary harm to young and vulnerable people and allowing them to make informed choices'.

The Government had considered requiring companies to instead submit videos to the Film and Video Labelling Body for classification, but a Cabinet paper warned earlier this year that would result in hold-ups.

At the other extreme, it considered continuing to rely on a voluntary scheme run by the New Zealand Media Council and on the Chief Censor's power to 'call in' shows about which they had concerns.

But it noted Media Council's scheme was not used by some companies, including Amazon Prime Video, and that by the time Chief Censor acted on any concerns about released-shows, people might already have been 'harmed'.

Hema Patel, head of Spark's Lightbox internet television entertainment service, said it supported the 'accredited self-classification approach' proposed in the Government's new framework.

'As a business, we strive to provide appropriate guidance and protection to our customers, especially families and young people.

'However, we're also mindful that customers want access to the latest shows and entertainment content without significant delay and are pleased that the changes to the Classification Act take this into consideration,' he said.

'We will be working with the Chief Censor's office over the coming weeks while the proposed regulatory changes are finalised.'

Spark and former chief censor Andrew Jack had a major public falling out over the labelling of programming on Spark's Lightbox internet television service in 2016.

That was after Spark ceased submitting material to the Film and Video Labelling Board in the wake of an opinion by the Culture and Heritage Ministry that internet television providers were not legally required to do that.

Jack had accused Spark of misleading its customers with 'inaccurate' content warnings for programmes such as adult western Deadwood and ballet drama Flesh and Bone.