Govt reacts to 'explosion' in child porn on internet

By KEVIN TAYLOR, Political Reporter


Tough measures that will boost 10-fold the jail term for producing, trading or distributing objectionable material such as child pornography hit Parliament yesterday, but are months away from becoming law.

Justice Minister Phil Goff said in tabling the Films, Videos and Publications Classification Amendment Bill that it was a response to an "explosion" in internet-based child pornography.

In March, Mr Goff signalled tougher penalties were on the way. The bill increases the maximum jail term for producing, trading or distributing porn from one year to 10 years.

In addition, the penalty for possession of child pornography increases from a maximum of a $2000 fine to two years' jail under a new crime of "possession with knowledge".

Mr Goff said the existing penalties were "clearly inadequate" and cited the case of Stephen John Laing, 21, who was fined and sentenced to community work last month in the Waitakere District Court for trading and collecting images that included photos showing the torture and rape of toddlers.

Laing was sentenced by Judge Philip Recordon, who took into account his youth, his previously clean record, the small size of his collection and precedents from other court cases.

Mr Goff said that case had been clear evidence of the need for much tougher penalties.

"The message will very clearly go to the judiciary that a case such as that now would automatically result in a prison sentence," he told the Herald.

"I can't think of anything worse than advertising and trading images of toddlers being tortured and babies raped ... It's sick in the extreme."

The tougher penalties reflected the abhorrence of society for such offending.

Mr Goff said he expected the bill to become law next year. It would first be referred to a select committee for submissions.

United Future law and order spokesman Marc Alexander welcomed the bill, saying it was something the party had pushed with the Government.

"My [private member's] bill had sought to make the censor's office a watchdog with teeth, and it is good to see the Government has now taken up the cause with a bill that has the same effect."

The bill also creates the offences of exporting and importing objectionable material. Mr Goff said it largely maintained the definition of objectionable.

New penalties

* Under the bill the maximum jail term for producing, trading or distributing child porn increases from one year to 10 years.

* The penalty for possessing child pornography goes from a $2000 fine to two years' jail under a new crime of "possession with knowledge", which allows those who have downloaded material unknowingly to escape sanction.