GENSORSHIP

New Zealand Times, Volume L, Issue 11654, 19 October 1923, Page 3

GENSORSHIP

BOARD OF APPEAL MINISTER ' FOR CUSTOMS OUTLINES PROPOSAL. “MORE SATISFACTORY METHOD.” Tlio Hon. AY. Downic Stewart, Minister for Customs, outlined in the course of a statement to a ‘‘Times” representative yesterday his proposals for dealing with the much-vexed question of the censorship. Hie Minister suggests a hoard consisting of Messrs C. Wihon (Chief Parliamentary Librarian), H. (Chief Librarian, Wellington Public’ I '’Library)* and H. South (representing the New Zealand Retail Booksellers’ Association). Tl\o printing, publication, or circulation in New Zealand of two classes of matter are prohibited by law, fiamely, indecent publications and publications inciting to violence or lawlessness, said Mr Stewart. The latter class may for convenience be referred to as seditious matter. Indecent matter is prohibited by the Indecent Publications Act, 1910, seditious matter by the Crimes Act, the police Offences Act, 1919 (section 2), and by the War Regulations Continuance Act, 1920. With the administration of those laws neither the' Customs nor the Post Office is concerned, for the question whether the publication or circulation* in New Zealand of any document contravenes any of those laws is determinable by the courts- of justice only. The authority of the AttorneyGeneral in that respect extends merely to the preliminary question whether a prosecution should or should not be instituted in any particular case. OTHER LAWS. But other laws exist prohibiting the introduction into New Zealand a® merchandise, or. through the Post Office, of matter of either of the prohibited classes. The Customs Act, 1913 (section 46) as amended by the Customs Amendment Act, 1921, prohibits the importation into New Zealand of indecent matter, or of any other publications the prohibition of the importation of which is in the opinion of the Governor-General necessary in the public interest; and by Order-in-Council of May 10th, 1921, the importation of documents inciting, encouraging, advising, or advocating violence, lawlessness, or disorder was prohibited in the public interest. The Post Office is required by section 30 of the Post and Telegraph Act, 1908, to detain, open, examine, and refuse to deliver any postal packet which there is reason to suspect contains libellous, blasphemous, indecent, or immoral and by section 32 of the Post Office is required further to detain, open, examine, and refuse to deliver any postal packet which contains any enclosure in violation of the Customs Acts. The Attorney-General has certain duties imposed upon him by the War Regulations Act. THREE DEPARTMENTS CONCERNED.

It ie apparent, therefore, that in respect of the prevention of importation or introduction of publications containing either class of prohibited matter, Hie law of New Zealand imposes upon three Departments of State a duty of determining questions which in the case of matter actually in New Zealand are determined by the Courts of justice; and it is equally apparent that it is necessary that there should b.-» co-ordination between those three departments to ensure uniformity. Therefore, when books or publications are detained either at the Customs or at the Post Office on suspicion that they contain prohibited matter of either class, they are submitted for the perusal of an official, who for conveni ei'ce is known as the Censor. The questions which arise sie to be determined partly by common-sense and partly by legal interpretation. If there Is reasonable doubt whether the printed matter is within either class of prohibition, the point is determined by the administrative head of the Crown Law’ Office, and his decision is accepted as final, and is acted upon.

OBLIGATIONS NOT TO BE AGREED The Government as a whole cannot, ror can the Postmaster-General or the Minister of Customs, ignore their obligations, or refuse to exercise the discretion which the law imposes on them to prevent the introduction into New Zealand of prohibited matter. But it is always possible that the conclusion arrived at, whether by the censor or by the principal Crown Law Officer, or by the Minister in Charge, may not be affirmed by the Courts of Justice if and when the point subsequent Jy arises in a court of law. On the one hand, booksellers may be prosecuted and convicted for publishing or offering for sale matter which the courts held to be prohibited, although die passage at the Customs or the Post Office has been permitted. On the other hand, the Courts o'i Justice may determine that matter de- ! toined and destroyed at either the Customs or the Post Office was not, in fact, prohibited by law. In the majority of cases the matter of either class *o clearly exceeds the prescribed limit that little difficulty arieea. But there are publications which to some minds appear to transgress the limits of propriety, and to others appear to convey essential instruction, and 1 have anxiously considered the whole subject with a desire to establish a more satisfactory method of final determination of the class of matter in respect of which that distinction in public opinion exists. I cannot devise any method bv which the ultimate decision of a Court of Justice can he certainly predicted, nor can I devise a tribunal of final appeal which will certainly give universal satisfaction. WHAT IS PROPOSED. Mv proposal, said the Minister in conclusion, is that persons owning publications detained at the Customs or Post Office as suspected of containing prohibited matter of either class shall bo entitled to appeal from the adverse departmental decision to a board consisting of: The Chief Librarian, Parliamentary Library, Wellington (Mr Charles Wilson), The Chief Librarian, Wellington Public Library (Mr H. Bailin'), A representative nominated by tho New Zealand Retail Boo'.sellers 1 Association (Mr H. South), Wellington. And that tho decision of that board shall be accepted by the Government, except in so far as any decision terns on purely legal consideration. This board will also be available to deal with complaints against books which have not been stopped by tho Customs or the Post Office, hut which in the opinion of some sections of the community have been stopped.