The Banning of ‘Manhunt’ and its Implications

Abstract

This essay critically examines the Office of Film and Literature Classification’s decision to classify a violent video game called Manhunt as ‘objectionable’ under the Films, Videos and Publications Classification Act 1993. The essay seeks to determine the legality of this ban and evaluate its practical and jurisprudential implications. It will in particular be examined whether the right to freedom of expression guaranteed in s 14 of the New Zealand Bill of Rights Act 1990 practically affects and fetters the Classification Office’s capabilities to render a publication objectionable. The paper argues that the Classification Office’s decision to ban Manhunt was legally sound. Furthermore, the essay shows that the New Zealand Bill of Rights Act has in practice very little effect on the Classification Office’s decision-making capabilities, since the concepts involved in balancing freedom of expression and any competing interests are too vague and malleable to be legally determinative of a particular outcome. Nevertheless, the paper argues that the purpose-designed criteria contained in the Films, Videos and Publications Classification Act and the high statutory threshold for banning a publication make the classification process unlikely to pose a great danger to New Zealand’s liberal and democratic ideals.