Removing Objectionable Content From Online Platforms In New Zealand: Can Take-Down Notices Rise Up To The Challenge?

Abstract

The Films, Videos and Publications Classification Act 1993 is likely to be amended in 2021 with the aim to prevent and reduce the harm caused by objectionable publications. This paper considers take-down notices alongside theories and international examples of regulating content on social media. Governments and tech companies cooperate to combat extremist content online, particularly terrorism and child exploitation. Governments previously had limited ability to enforce domestic laws against global social media platforms when the limits of what can be achieved with cooperation are reached. Takedown notices, and removal of ‘safe harbour’ for content hosts are considered in terms of enforceability and effectiveness.