Film & Video Labelling Body v Fishpond.co.nz

[The following is a text-scanned version of the press release. The original PDF is here.]

MEDIA RELEASE

Film & Video Labelling Body v Fishpond.co.nz

In the middle of last year the FVLB commenced an investigation into the online trader Fishpond.co.nz. This was in response to a number of complaints received from members of the public regarding products being offered for sale on their site.

An aspect of the investigation was a controlled purchase of two DVD’s from their website. Both of these titles had previously been classified as "objectionable" by the Office of Film and Literature Classification.

Fishpond were duly charged with two counts of Offering to Supply Objectionable Publications under Section 123(1) of the Films, Videos, and Publications Act 1993.

On the 10th April 2013 Fishpond pleaded guilty in the Manukau District Court to one representative charge of offering to supply. They were convicted and remanded for sentencing in the same court which took place on Monday the 5th August 2013 before Judge Blackie. This matter was dealt with alongside prosecutions brought against Fishpond by the Department of Internal Affairs for similar offending.

Judge Blackie stated that the convictions and sentences had to "bite" the defendants so they would be taken seriously and others in the industry would be deterred from such activity. Fishpond were duly fined a total of $4,200.00 plus court costs.

Sharon RHODES the Operations Manager for the FVLB says "This is a very good result for the FVLB and the public at large as it sends a clear message to online stores that compliance applies to all retailers" She further states "You cannot hide behind the internet with a belief that mainstream rules and regulations do not apply to you”

It is acknowledged that Fishpond have since tightened their practices and processes to ensure that such breaches do not occur in the future.

ENDS

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